2) the receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with those identified during the federal state supervision of compliance with labor law and other regulatory legal acts containing norms labor law, violations of the requirements of this Federal Law or state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts Russian Federation;
3) change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4) change in the composition of the materials used and (or) raw materials that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
5) change in the applied means of individual and collective protection, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6) an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified Occupational Illness, the causes of which were the impact on the employee of harmful and (or) dangerous production factors;
7) availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.
2. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within twelve months from the date of occurrence of the cases specified in clauses 1 and 3 of part 1 of this article, and within six months from the date of occurrence of the cases specified in clauses 2, - 7 of part 1 of this article.
3. In the event of a change in the name, surname or patronymic (if any) of the employer - individual entrepreneur, reorganization of the employer - a legal entity or change in the name of the workplace, which did not entail the occurrence of grounds for an unscheduled special assessment of working conditions provided for in clauses 3 - and 7 of part 1 of this article, an unscheduled special assessment of working conditions may not be carried out. The decision not to conduct an unscheduled special assessment of working conditions must be taken by the commission.
4. In the event of an unscheduled special assessment of working conditions, provided for in clause 2 of part 1 of this article, for the period before the approval of the report on its conduct, the situation of employees employed at workplaces in respect of which an unscheduled special assessment of working conditions is being carried out is not allowed, in part guarantees and compensations provided to them for work with harmful and (or) hazardous conditions labor in comparison with their position prior to a special assessment of working conditions, the results of which were obtained with violations of the requirements of this Federal Law.
Judicial practice under article 17 of the Federal Law of December 28, 2013 No. 426-FZ
Decision No. 12-47/2019 dated February 22, 2019 in case No. 12-47/2019
Nikolaevsky-on-Amur City Court ( Khabarovsk region) - Administrative offenses
June 2018, but since this position is a new job, the company has a year to make a special assessment of working conditions (part 2 of article 17 of Law No. 426-FZ of December 28, 2013). In this regard, in a fixed-term employment contract with FULL NAME1., FULL NAME2., FULL NAME3., which were adopted in the summer of 2018, not ...
Decision No. 12-34/2019 12-390/2018 dated February 21, 2019 in case No. 12-34/2019
Leninsky district court of Ivanovo (Ivanovo region) - Administrative offenses
Decree of the Ministry of Labor and social development Russian Federation of October 24, 2002 N 73, namely: 1. In violation of Art. 230 of the Labor Code of the Russian Federation, Art. 17 Federal Law No. 426 dated December 28, 2013 “On special evaluation working conditions”, paragraph 23 of Appendix 2, Appendix 1 form 2 to the Decree of the Ministry of Labor and Social Development ...
Decision No. 5.1-2/2019 dated February 21, 2019 in case No. 5.1-2/2019
Povorinsky district court (Voronezh region) - Administrative offenses
Order No. 36/12-5754-18-I dated 10/09/2018 in relation to Selyanka LLC was established that, in violation of the requirements of Art. 212 of the Labor Code of the Russian Federation, art. 17 of the Federal Law of the Russian Federation of December 28, 2013 No. 426-FZ “On the Special Assessment of Working Conditions”, a special assessment of the working conditions of workplaces was not carried out at the time of the audit by the company. ...
Decision No. 2A-70/2019 2A-70/2019~M-15/2019 M-15/2019 dated February 12, 2019 in case No. 2A-70/2019
Belozersky district court (Kurgan region) - Civil and administrative
Areas of a special assessment of working conditions, as well as the actual circumstances established during both the initial and re-examination and recorded in the conclusion No. 003-SOUT dated 17. 02.2017 and No. 008-SOUT of 10/19/2018. GBU "Belozerskaya CRH" sent to the Ministry of Labor and social protection Russian Federation statement of disagreement with the conclusion No. 008-...
Decision No. 21-13/2019 7-18/2019 dated February 6, 2019 in case No. 21-13/2019
Supreme Court of the Republic of Kalmykia (Republic of Kalmykia) - Administrative offenses
Territories of the Republic of Kalmykia, from the indicated date, the positions of a motor grader driver (5 units) and a snow and swamp vehicle driver (1 unit) were introduced. Thus, in accordance with Part 2 of Article 17 of Federal Law N 426-FZ, the period for conducting an unscheduled special assessment of working conditions at the specified workplace - the driver of the snow and swamp vehicle at the time of the decision of the administrative body did not expire, but ...
Decision No. 21-11/2019 dated February 6, 2019 in case No. 21-11/2019
Supreme Court of the Republic of Tuva (Republic of Tuva) - Administrative offenses
Assessment of working conditions" the employer is obliged to ensure the conduct of a special assessment of working conditions, including an unscheduled special assessment of working conditions, in cases established by Part 1 of Article 17 of this Federal Law. By virtue of the requirements of clause 1, part 1, part 2, article 17 Federal Law of December 28, 2013 N 426-FZ "On a special assessment ...
Decision No. 12-25/2019 12-636/2018 dated February 6, 2019 in case No. 12-25/2019
Levoberezhny District Court of Voronezh (Voronezh Region) - Administrative Offenses
However, the State Labor Inspectorate, after receiving the report of the director of Akcent LLC, issued a Resolution on the imposition of an administrative penalty No., which was subsequently canceled by a court decision dated 17 . 05.2018 In addition, there is evidence that the jobs indicated in the staff list of Accent LLC refer to the jobs indicated in Part 6 of Thursday. 10 FZ No. -FZ, ...
1. An unscheduled special assessment of working conditions should be carried out in the following cases:
1) commissioning of newly organized jobs;
2) the receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with violations of the requirements of this Federal Law or state regulatory requirements for protection identified in the course of federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms labor contained in federal laws and other regulatory legal acts of the Russian Federation;
3) change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4) change in the composition of the materials used and (or) raw materials that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
5) change in the applied means of individual and collective protection, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6) an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
7) availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.
2. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within twelve months from the date of the occurrence of the cases specified in clauses 1 and 3 of part 1 of this article, and within six months from the date of the occurrence of the events specified in clauses 2, 4 - 7 part 1 of this article.
3. In the event of a change in the name, surname or patronymic (if any) of the employer - an individual entrepreneur, reorganization of the employer - a legal entity or change in the name of the workplace, which did not entail the occurrence of grounds for an unscheduled special assessment of working conditions provided for in paragraphs 3 - 5 and 7 of part 1 of this article, an unscheduled special assessment of working conditions may not be carried out. The decision not to conduct an unscheduled special assessment of working conditions must be taken by the commission.
4. In the event of an unscheduled special assessment of working conditions, provided for in clause 2 of part 1 of this article, for the period before the approval of the report on its conduct, the situation of employees employed at workplaces in respect of which an unscheduled special assessment of working conditions is being carried out is not allowed, in part guarantees and compensations provided to them for work with harmful and (or) dangerous working conditions in comparison with their position before a special assessment of working conditions, the results of which were obtained with violations of the requirements of this Federal Law.
"On a special assessment of working conditions"
Chapter 1. General Provisions
Article 1 Subject of regulation of this Federal Law
1. The subject of regulation of this Federal Law are relations arising in connection with the conduct of a special assessment of working conditions, as well as with the implementation of the obligation of the employer to ensure the safety of employees in the course of their labor activity and the rights of workers to workplaces that comply with state regulatory requirements for labor protection.
2. This Federal Law establishes the legal and organizational framework and procedure for conducting a special assessment of working conditions, determines legal status, rights, duties and responsibilities of participants in a special assessment of working conditions.
Article 2 Regulation of the special assessment of working conditions
1. Regulation of the special assessment of working conditions is carried out by the Labor Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. The norms governing the special assessment of working conditions and contained in federal laws and other regulatory legal acts of the Russian Federation must comply with the norms of the Labor Code of the Russian Federation and this Federal Law.
3. If international treaty The Russian Federation has established rules other than those provided for by this Federal Law, the rules of an international treaty shall apply.
Article 3 Special assessment of working conditions a
1. A special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) dangerous factors of the working environment and the labor process (hereinafter also - harmful and (or) dangerous factors of production) and assessment of the level of their impact on the employee, taking into account the deviation of their actual values from the standards (hygienic standards) of working conditions and the use of personal and collective protection of workers established by the federal executive body authorized by the Government of the Russian Federation.
2. Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions at workplaces are established.
3. A special assessment of working conditions is not carried out in relation to the working conditions of homeworkers, remote workers and employees who have joined labor Relations with employers - individuals who are not individual entrepreneurs.
4. Conducting a special assessment of working conditions in relation to the working conditions of state civil servants and municipal employees is regulated by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on the state civil service and on municipal service.
Article 4 The rights and obligations of the employer in connection with the special assessment of working conditions
1. The employer has the right:
1) require the organization conducting a special assessment of working conditions to substantiate the results of its conduct;
2) conduct an unscheduled special assessment of working conditions in the manner prescribed by this Federal Law;
3) require from the organization conducting a special assessment of working conditions documents confirming its compliance with the requirements established by Article 19 of this Federal Law;
4) appeal, in accordance with the procedure established by Article 26 of this Federal Law, against the actions (inaction) of an organization conducting a special assessment of working conditions.
2. The employer is obliged:
1) ensure the conduct of a special assessment of working conditions, including an unscheduled special assessment of working conditions, in the cases established by Part 1 of Article 17 of this Federal Law;
2) provide the organization conducting a special assessment of working conditions with the necessary information, documents and information, which are provided for by the civil law contract specified in Part 2 of Article 8 of this Federal Law, and which characterize the working conditions at the workplace, as well as explanations on the issues of conducting special assessment of working conditions;
3) not take any deliberate actions aimed at narrowing the range of issues to be clarified during a special assessment of working conditions and affecting the results of its conduct;
4) familiarize the employee in writing with the results of a special assessment of working conditions at his workplace;
5) give the employee the necessary explanations on the issues of conducting a special assessment of working conditions at his workplace;
6) to implement measures aimed at improving the working conditions of employees, taking into account the results of a special assessment of working conditions.
Article 5 Rights and obligations of an employee in connection with a special assessment of working conditions
1. The employee has the right:
1) be present during a special assessment of working conditions at his workplace;
2) contact the employer, his representative, the organization conducting a special assessment of working conditions, an expert of the organization conducting a special assessment of working conditions (hereinafter also referred to as the expert) for clarification on the issues of conducting a special assessment of working conditions at his workplace;
3) appeal against the results of a special assessment of working conditions at his workplace in accordance with Article 26 of this Federal Law.
2. The employee is obliged to familiarize himself with the results of a special assessment of working conditions carried out at his workplace.
Article 6 Rights and obligations of an organization conducting a special assessment of working conditions
1. An organization conducting a special assessment of working conditions has the right to:
1) refuse, in accordance with the procedure established by this Federal Law, to conduct a special assessment of working conditions if during its conduct a threat to the life or health of employees of such an organization has arisen or may arise;
2) to appeal in accordance with the established procedure orders officials federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies.
2. An organization conducting a special assessment of working conditions is obliged to:
1) provide, at the request of the employer, a representative of the elected body of the primary trade union organization or another representative body of employees to substantiate the results of a special assessment of working conditions, as well as give explanations to employees on the issues of conducting a special assessment of working conditions at their workplaces;
2) provide at the request of the employer documents confirming the compliance of this organization with the requirements established by Article 19 of this Federal Law;
3) apply approved and certified in the manner prescribed by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (tests) and methods (methods) of measurements and the corresponding measuring instruments that have been verified and included in the Federal Information Fund for ensuring the uniformity of measurements;
4) not to start a special assessment of working conditions or suspend its conduct in the following cases:
a) failure by the employer to provide the necessary information, documents and information, which are provided for by the civil law contract specified in Part 2 of Article 8 of this Federal Law, and which characterize the working conditions at the workplace, as well as explanations on the issues of conducting a special assessment of working conditions;
b) the employer's refusal to provide the conditions necessary for conducting research (testing) and measuring identified harmful and (or) hazardous production factors, in accordance with the civil law contract specified in Part 2 of Article 8 of this Federal Law;
5) keep commercial and other legally protected secrets that have become known to this organization in connection with its activities in accordance with this Federal Law.
Article 7 Application of the results of a special assessment of working conditions
The results of a special assessment of working conditions can be used to:
1) development and implementation of measures aimed at improving the working conditions of employees;
2) informing employees about working conditions in the workplace, about the existing risk of damage to their health, about measures to protect against the effects of harmful and (or) dangerous production factors and rely on employees working in jobs with harmful and (or) dangerous working conditions, guarantees and compensations;
3) providing employees with funds personal protection, as well as equipping workplaces with collective protective equipment;
4) monitoring the state of working conditions in the workplace;
5) organizing, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon employment) and periodic (during employment) medical examinations of employees;
6) establishment of guarantees and compensations provided for by the Labor Code of the Russian Federation for employees;
7) establishing an additional rate of insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace;
8) calculation of discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases;
9) substantiation of financing of measures to improve working conditions and labor protection, including at the expense of funds for the implementation of mandatory social insurance from accidents at work and occupational diseases;
10) preparation of statistical reporting on working conditions;
11) resolving the issue of the relationship of diseases that have arisen among workers with the impact on workers at their workplaces of harmful and (or) dangerous production factors, as well as the investigation of accidents at work and occupational diseases;
12) consideration and settlement of disagreements related to the provision safe conditions labor, between employees and the employer and (or) their representatives;
13) determining, in the cases established by federal laws and other regulatory legal acts of the Russian Federation, and taking into account the state regulatory requirements for labor protection, the types of sanitary services and medical support for employees, their volume and conditions for their provision;
14) making a decision on the establishment of restrictions provided for by labor legislation for certain categories workers;
15) assessing the levels of professional risks;
16) other purposes provided for by federal laws and other regulatory legal acts of the Russian Federation.
Chapter 2. The procedure for conducting a special assessment of working conditions
Article 8 Organization of a special assessment of working conditions
1. Responsibilities for organizing and financing the conduct of a special assessment of working conditions are assigned to the employer.
2. A special assessment of working conditions is carried out jointly by the employer and the organization or organizations that meet the requirements of Article 19 of this Federal Law and are involved by the employer on the basis of a civil law contract.
3. A special assessment of working conditions is carried out in accordance with the methodology for its implementation, approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
4. A special assessment of working conditions at the workplace is carried out at least once every five years, unless otherwise provided by this Federal Law. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.
5. In the event of a special assessment of working conditions in relation to the working conditions of employees admitted to information classified as a state or other secret protected by law, it is carried out taking into account the requirements of the legislation of the Russian Federation on state and other secrets protected by law.
Article 9 Preparation for a special assessment of working conditions
1. In order to organize and conduct a special assessment of working conditions, the employer forms a commission for conducting a special assessment of working conditions (hereinafter referred to as the commission), the number of members of which must be odd, and the schedule for conducting a special assessment of working conditions is also approved.
2. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any). The composition and procedure for the activities of the commission are approved by the order (instruction) of the employer in accordance with the requirements of this Federal Law.
3. When an employer, classified in accordance with the legislation of the Russian Federation as a small business, conducts a special assessment of working conditions, the commission includes the employer - an individual entrepreneur (personally), the head of the organization, other authorized representatives of the employer, including a labor protection specialist or a representative of an organization or a specialist engaged by the employer under a civil law contract to perform the functions of the labor protection service (labor protection specialist), representatives of the elected body of the primary trade union organization or other representative body of employees (if any).
4. The commission is headed by the employer or his representative.
5. Prior to the commencement of work on the special assessment of working conditions, the commission approves a list of jobs where a special assessment of working conditions will be carried out, indicating similar jobs.
6. For the purposes of this Federal Law, similar jobs are jobs that are located in one or more similar industrial premises (production zones) equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, where employees work one at a time and of the same profession, position, specialty, perform the same labor functions in the same working hours while maintaining the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.
7. With regard to jobs in organizations that carry out certain types activity, as well as if the performance of work on the conduct of a special assessment of working conditions creates or may create a threat to the life or health of an employee, members of the commission, other persons, a special assessment of working conditions is carried out taking into account the specifics established by the federal executive body exercising the functions of development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body that performs the functions of developing state policy and legal regulation in the relevant field of activity, State Corporation on Atomic Energy "Rosatom" and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The list of jobs in organizations engaged in certain types of activities in respect of which a special assessment of working conditions is carried out taking into account the features established by the federal executive body authorized by the Government of the Russian Federation (including, if necessary, assessing the injury risk of jobs), is approved by the Government of the Russian Federation, taking into account the opinion Russian tripartite commission for the regulation of social and labor relations.
Article 10 Identification of potentially harmful and (or) hazardous production factors
1. The identification of potentially harmful and (or) hazardous production factors is understood as the comparison and establishment of the coincidence of the factors of the production environment and the labor process at the workplace with the factors of the production environment and the labor process provided for by the classifier of harmful and (or) hazardous production factors approved by the federal body executive power, which performs the functions of developing and implementing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The procedure for identifying potentially harmful and (or) hazardous production factors is established by the methodology for conducting a special assessment of working conditions, provided for by Part 3 of Article 8 of this Federal Law.
2. Identification of potentially harmful and (or) hazardous production factors in the workplace is carried out by an expert of the organization conducting a special assessment of working conditions. The results of the identification of potentially harmful and (or) dangerous production factors are approved by a commission formed in the manner prescribed by Article 9 of this Federal Law.
3. When carrying out the identification of potentially harmful and (or) hazardous production factors at workplaces, the following should be taken into account:
1) production equipment, materials and raw materials used by employees and being sources of harmful and (or) dangerous production factors that are identified and in the presence of which, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon employment) and periodic (in course of work) medical examinations workers;
2) the results of studies (tests) and measurements of harmful and (or) hazardous production factors previously carried out at these workplaces;
3) cases of industrial injuries and (or) the establishment of an occupational disease that arose in connection with the impact on the employee at his workplace of harmful and (or) dangerous production factors;
4) proposals of employees on the implementation of identification of potentially harmful and (or) hazardous production factors at their workplaces.
4. If harmful and (or) dangerous production factors at the workplace are not identified, the working conditions at this workplace are recognized by the commission as acceptable, and research (testing) and measurement of harmful and (or) dangerous production factors are not carried out.
5. If harmful and (or) dangerous production factors at the workplace are identified, the commission decides to conduct research (tests) and measurements of these harmful and (or) dangerous production factors in the manner established by Article 12 of this Federal Law.
6. Identification of potentially harmful and (or) hazardous production factors is not carried out in relation to:
1) workplaces of employees, professions, positions, specialties of which are included in the lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which early assignment of an old-age labor pension is carried out;
2) workplaces in connection with work at which employees are provided with guarantees and compensations for work with harmful and (or) dangerous working conditions in accordance with legislative and other regulatory legal acts;
3) workplaces where harmful and (or) dangerous working conditions were established based on the results of earlier certification of workplaces for working conditions or a special assessment of working conditions.
7. The list of harmful and (or) dangerous production factors subject to research (testing) and measurements at the workplaces specified in Part 6 of this Article is determined by an expert of the organization conducting a special assessment of working conditions, based on the list of harmful and (or) dangerous production factors specified in Parts 1 and 2 of Article 13 of this Federal Law.
Article 11 Declaration of compliance of working conditions with state regulatory requirements for labor protection
1. In relation to workplaces where harmful and (or) hazardous production factors are not identified as a result of identification, the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts, containing norms of labor law, at the place of its location, a declaration of compliance of working conditions with state regulatory requirements for labor protection.
2. The form and procedure for filing a declaration of compliance of working conditions with the state regulatory requirements for labor protection are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.
3. The federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms shall ensure the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory labor protection requirements in the manner established by the federal executive body executing the functions of developing and implementing state policy and legal regulation in the field of labor.
4. Declaration of conformity of working conditions with state regulatory requirements for labor protection is valid for five years. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.
5. In the event that during the period of validity of the declaration of compliance of working conditions with state regulatory requirements for labor protection, an employee employed at the workplace in respect of which this declaration was adopted, an accident occurred at work (with the exception of an accident at work that occurred through the fault of third parties). persons) or he has an occupational disease, the cause of which was the impact on the employee of harmful and (or) dangerous production factors, in relation to such a workplace, this declaration is terminated and an unscheduled special assessment of working conditions is carried out.
6. The decision to terminate the declaration of compliance of working conditions with state regulatory requirements for labor protection is taken by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, about which no later than for ten calendar days from the date of the occurrence of the circumstances specified in paragraph 5 of this article, an appropriate entry is made in the register of declarations of compliance of working conditions with state regulatory requirements for labor protection.
7. Upon the expiration of the validity of the declaration of compliance of working conditions with state regulatory requirements for labor protection and in the absence of the circumstances specified in paragraph 5 of this article during the period of its validity, the validity of this declaration is considered extended for the next five years.
Article 12 Research (testing) and measurement of harmful and (or) hazardous production factors
1. All harmful and (or) hazardous production factors that are identified in the manner established by this Federal Law are subject to research (testing) and measurement.
2. The list of harmful and (or) hazardous production factors subject to research (testing) and measurement is formed by the commission based on the state regulatory requirements for labor protection, the characteristics of the technological process and production equipment, the materials and raw materials used, the results of previous studies (tests) and measurements of harmful and (or) hazardous production factors, as well as based on the proposals of employees.
3. Research (testing) and measurement of the actual values of harmful and (or) hazardous production factors are carried out by the testing laboratory (center), experts and other employees of the organization conducting a special assessment of working conditions.
4. When conducting research (tests) and measurements of harmful and (or) hazardous production factors, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (tests) and methods (methods) of measurements and their corresponding means measurements that have been verified and entered into the Federal Information Fund for Ensuring the Uniformity of Measurements.
5. Methods of research (testing) and techniques, methods of measuring harmful and (or) dangerous production factors, the composition of experts and other employees conducting these studies (testing) and measurements are determined by the organization conducting a special assessment of working conditions independently.
6. The results of studies (tests) and measurements of harmful and (or) hazardous production factors are documented in protocols for each of these harmful and (or) hazardous production factors subjected to research (tests) and measurements.
7. As the results of studies (tests) and measurements of harmful and (or) dangerous production factors, the results of studies (tests) and measurements of harmful and (or) dangerous production factors carried out by a testing laboratory (center) accredited in accordance with the legislation of the Russian Federation ) in the implementation of organized in the prescribed manner at the workplace production control for working conditions, but not earlier than six months before a special assessment of working conditions. The decision on the possibility of using these results when conducting a special assessment of working conditions is made by the commission on the proposal of an expert of the organization conducting a special assessment of working conditions.
8. Based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, an expert of an organization conducting a special assessment of working conditions classifies working conditions at workplaces according to the degree of harmfulness and (or) danger to classes (subclasses) of working conditions .
9. The Commission has the right to decide on the impossibility of conducting research (tests) and measurements of harmful and (or) hazardous production factors if the conduct of these studies (tests) and measurements at workplaces can endanger the lives of workers, experts and (or) other employees of the organization conducting a special assessment of working conditions, as well as other persons. Working conditions at such workplaces belong to a dangerous class of working conditions without appropriate research (testing) and measurements.
10. The decision on the impossibility of conducting research (tests) and measurements on the grounds specified in part 9 of this article is drawn up in the protocol of the commission containing the rationale for making this decision and being an integral part of the report on the special assessment of working conditions.
11. The employer, within ten working days from the date of the decision referred to in paragraph 9 of this article, sends to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms, at the place of its location, a copy of the protocol of the commission containing this decision.
Article 13
1. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the working environment are subject to research (testing) and measurement:
1) physical factors - aerosols of predominantly fibrogenic action, noise, infrasound, air ultrasound, general and local vibration, non-ionizing radiation (electrostatic field, constant magnetic field, including hypogeomagnetic, electric and magnetic fields of industrial frequency (50 Hertz), variables electromagnetic fields, including the radio frequency range and the optical range (laser and ultraviolet), ionizing radiation, microclimate parameters (air temperature, relative humidity, air speed, infrared radiation), parameters of the light environment (artificial lighting (illuminance) of the working surface);
2) chemical factors - chemical substances and mixtures measured in the air of the working area and on the skin of workers, including some substances of a biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) for the content of which is controlled by methods of chemical analysis;
3) biological factors - microorganisms-producers, living cells and spores contained in bacterial preparations, pathogenic microorganisms - pathogens of infectious diseases.
2. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the labor process are subject to research (testing) and measurement:
1) the severity of the labor process - indicators of physical load on the musculoskeletal system and on the functional systems of the worker's body;
2) the intensity of the labor process - indicators of sensory load on the central nervous system and sensory organs of the worker.
3. The testing laboratory (center) conducts research (tests) and measurements of the following harmful and (or) dangerous factors of the production environment and the labor process:
1) air temperature;
2) relative air humidity;
3) air speed;
4) intensity and exposure dose of infrared radiation;
7) the intensity of the alternating electric field of electromagnetic radiation in the radio frequency range;
8) the intensity of the alternating magnetic field of electromagnetic radiation in the radio frequency range;
10) intensity of sources of ultraviolet radiation in the wavelength range of 200 - 400 nanometers;
12) energy exposure of laser radiation;
13) ambient dose equivalent rate of gamma radiation, X-ray and neutron radiation;
14) radioactive contamination of production premises, elements of production equipment, personal protective equipment and skin of workers;
15) sound level;
16) total sound pressure level of infrasound;
17) air ultrasound;
18) general and local vibration;
19) illumination of the working surface;
20) concentration of harmful chemical substances, including substances of biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) to control the content of which chemical analysis methods are used, as well as the concentration of mixtures of such substances in the air of the working area and on skin covers of workers (in accordance with the scope of accreditation of the testing laboratory (center);
21) mass concentration of aerosols in the air of the working area;
22) the severity of the labor process (the length of the path of movement of the load, muscle effort, the mass of the goods being moved, the angle of inclination of the body of the worker's body and the number of inclinations per working day (shift), the time the load is held, the number of stereotyped working movements);
a) is scheduling production processes, control vehicles(duration of focused observation, density of signals (light, sound) and messages per unit of time, number production facilities simultaneous monitoring, the load on the auditory analyzer, the time of active monitoring of the production process);
b) consists in servicing production processes of a conveyor type (the duration of a single operation, the number of elements (methods) required to implement a single operation);
c) associated with long-term work with optical devices;
24) biological factors (in accordance with the scope of accreditation of the testing laboratory (center).
4. For certain types of work, professions, positions, specialties, by the federal executive body in charge of the development and implementation of state policy and legal regulation in the field of labor, together with the federal executive body in charge of the development of state policy and regulatory legal regulation in the relevant field of activity, the State Atomic Energy Corporation "Rosatom" in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may establish an additional list of harmful and (or) dangerous factors of the working environment and the labor process, subject to research (testing) and measurement during a special assessment of working conditions.
Article 14. Classification of working conditions
1. Working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, permissible, harmful and dangerous working conditions.
2. Optimal working conditions (class 1) are working conditions under which the impact on the employee of harmful and (or) hazardous production factors is absent or the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions and accepted as safe for humans , and the prerequisites are created to maintain high level worker's performance.
3. Permissible conditions labor (class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions, and the altered functional state of the employee's body is restored during regulated rest or by the beginning of the next working day (shift).
4. Harmful working conditions (class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:
1) subclass 3.1 (harmful working conditions of the 1st degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after exposure to which the altered functional state of the employee's body is restored, as a rule, with a longer period than before the start of the next working day (shift), cessation of exposure to these factors, and the risk of damage to health increases;
2) subclass 3.2 (harmful working conditions of the 2nd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of professional ability to work) arising after prolonged exposure (fifteen or more years);
3) subclass 3.3 (harmful working conditions of the 3rd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of employment;
4) subclass 3.4 (harmful working conditions of the 4th degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) in the period labor activity.
5. Hazardous working conditions (class 4) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which during the whole working day (shift) or part of it can endanger the life of the employee, and the consequences of exposure These factors cause a high risk of developing an acute occupational disease during the period of employment.
6. In the case of application by employees 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, the class (subclass) of working conditions can be reduced by the commission based on the opinion of an expert of the organization conducting a special assessment of working conditions, by one degree in accordance with the methodology approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the sphere of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
7. By agreement with the territorial body of the federal executive body responsible for the organization and implementation of federal state sanitary and epidemiological supervision, at the location of the relevant workplaces, a reduction in the class (subclass) of working conditions by more than one degree is allowed in accordance with the methodology specified in part 6 of this article.
8. With regard to jobs in organizations engaged in certain types of activities, a reduction in the class (subclass) of working conditions may be carried out in accordance with industry specifics, approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological surveillance, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
9. The criteria for classifying working conditions at the workplace are established by the methodology for conducting a special assessment of working conditions provided for by Part 3 of Article 8 of this Federal Law.
Article 15 Results of a special assessment of working conditions
1. An organization conducting a special assessment of working conditions shall draw up a report on its conduct, which includes the following results of a special assessment of working conditions:
1) information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of this Federal Law;
2) a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;
3) cards of a special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by an expert of an organization conducting a special assessment of working conditions;
4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;
5) protocols for evaluating the effectiveness of personal protective equipment;
6) the protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements on the grounds specified in Part 9 of Article 12 of this Federal Law (if such a decision exists);
7) a summary sheet of a special assessment of working conditions;
8) a list of measures to improve the conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out;
9) conclusions of an expert of the organization conducting a special assessment of working conditions.
2. The report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to state in writing a reasoned dissenting opinion, which is attached to this report.
3. The form of a report on the conduct of a special assessment of working conditions and instructions for filling it out are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.
4. In relation to workplaces where harmful and (or) dangerous production factors are not identified, the report on the special assessment of working conditions shall contain the information provided for in paragraphs 1, 2 and 9 of part 1 of this article.
5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions. The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.
6. The employer, taking into account the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law, organizes the placement on its official website in the Internet information and telecommunication network (if such a website exists) of summary data on the results of a special assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than within thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.
Article 16 Features of conducting a special assessment of working conditions at individual workplaces
1. When similar jobs are identified, a special assessment of working conditions is carried out for 20 percent of jobs out of the total number of such jobs (but not less than two jobs) and its results are applied to all similar jobs.
2. For similar jobs, one card of a special assessment of working conditions is filled out.
3. For similar jobs, a single list measures to improve the conditions and labor protection of employees.
4. A special assessment of working conditions at workplaces with territorially changing working areas, where the working area is considered to be a part of the workplace equipped with the necessary means of production, in which one employee or several workers perform similar work or technological operations, is carried out by preliminary determining typical technological operations characterized by the presence of the same harmful and (or) dangerous production factors, and the subsequent assessment of the impact on workers of these factors when performing such work or operations. The execution time of each technological operation is determined by an expert of the organization conducting a special assessment of working conditions, based on local regulations, by interviewing employees and their immediate supervisors, as well as by timing.
5. If during a special assessment of working conditions at least one workplace is identified that does not meet the similarity criteria established by Article 9 of this Federal Law, from among the workplaces previously recognized as similar, a special assessment of working conditions is carried out at all workplaces recognized previously similar.
Article 17 Carrying out an unscheduled special assessment of working conditions
1. An unscheduled special assessment of working conditions should be carried out in the following cases:
1) commissioning of newly organized jobs;
2) the employer receives an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with violations of the requirements of this Federal Law identified in the course of federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms;
3) change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4) change in the composition of the materials used and (or) raw materials that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
5) change in the applied means of individual and collective protection, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6) an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
7) availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.
2. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within six months from the date of occurrence of the cases specified in paragraph 1 of this Article.
Article 18
1. The results of a special assessment of working conditions, including in relation to workplaces, the working conditions at which are recognized as acceptable and declared as complying with state regulatory requirements for labor protection, are subject to transfer to the Federal State Information System for Recording the Results of a Special Assessment of Working Conditions (hereinafter - accounting information system). The obligation to transfer the results of a special assessment of working conditions rests with the organization conducting a special assessment of working conditions.
2. In information system Accounting objects of accounting are the following information:
1) in relation to the employer:
a) full name;
b) location and place of activity;
e) code according to the All-Russian classifier of types of economic activity;
f) the number of jobs;
g) the number of workplaces where a special assessment of working conditions was carried out;
h) distribution of jobs by classes (subclasses) of working conditions;
2) in relation to the workplace:
a) individual number of the workplace;
b) the code of the profession of the employee or employees employed at this workplace, in accordance with All-Russian classifier professions of workers, positions of employees and wage categories;
c) the insurance number of the individual personal account of the employee or employees employed at this workplace;
d) the number of employees employed at this workplace;
e) the class (subclass) of working conditions at a given workplace, as well as the class (subclass) of working conditions in relation to each harmful and (or) dangerous production factor, indicating their name, units of measurement, measured values, relevant regulations(hygienic standards) working conditions, the duration of exposure to these harmful and (or) hazardous production factors on the employee;
f) the basis for the formation of rights to an early retirement old-age pension (if any);
g) information about industrial accidents that have occurred over the past five years and about occupational diseases detected in workers employed at this workplace;
h) information about the quality of the results of a special assessment of working conditions (compliance or non-compliance of the results of a special assessment of working conditions with the requirements of this Federal Law in the event of an examination of the quality of a special assessment of working conditions);
3) in relation to the organization that conducted a special assessment of working conditions:
a) full name;
b) the registration number of the entry in the register of organizations conducting a special assessment of working conditions;
in) an identification number taxpayer;
d) main state registration number;
e) information about the accreditation of the testing laboratory (center), including the number and validity period of the certificate of accreditation of the testing laboratory (center);
f) information about the experts of the organization that conducted the special assessment of working conditions and participated in its conduct, including the last name, first name, patronymic, position and registration number of the entry in the register of experts of organizations conducting a special assessment of working conditions;
g) information about the measuring instruments used by the testing laboratory (center), including the name of the measuring instrument and its number in the Federal Information Fund for Ensuring the Uniformity of Measurements, the serial number of the measuring instrument, the expiration date of its verification, the date of measurements, the name of the measured harmful and (or) hazardous production factors.
3. The organization conducting a special assessment of working conditions, within ten working days from the date of approval of the report on its conduct, transfers it to the accounting information system in the form electronic document signed by a qualified electronic signature, information provided for by paragraph 2 of this article.
4. In the event that an organization conducting a special assessment of working conditions fails to fulfill the obligations provided for by Part 1 of this article, the employer has the right to transfer to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing norms labor law, including electronic form, the information he has in relation to the accounting objects specified in Part 2 of this Article.
5. In the case specified in paragraph 4 of this article, the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms shall transfer to the accounting information system in the form of an electronic document, signed with a qualified electronic signature, information regarding the accounting items specified in Part 2 of this Article.
6. The information contained in the information system of accounting is used by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of labor, subordinate to it federal service and state non-budgetary funds coordinated by it, as well as the federal executive body exercising the functions of organizing and implementing federal state sanitary and epidemiological supervision, the executive authorities of the constituent entities of the Russian Federation in the field of labor protection and insurers for the purposes specified in Article 7 of this Federal Law.
7. The procedure for the formation, storage and use of information contained in the accounting information system is established by the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of labor.
8. Participants information exchange are obliged to maintain the confidentiality of the information contained in the accounting information system, to ensure the protection of this information from unauthorized access in accordance with the legislation of the Russian Federation.
9. The operator of the accounting information system is the federal executive body, which performs the functions of developing and implementing state policy and legal regulation in the field of labor.
Chapter 3. Organizations conducting a special assessment of working conditions and experts of organizations conducting a special assessment of working conditions
Article 19 Organization conducting a special assessment of working conditions
1. An organization conducting a special assessment of working conditions must meet the following requirements:
1) an indication in the statutory documents of the organization as the main type of activity or one of its activities, a special assessment of working conditions;
2) the presence in the organization of at least five experts working on employment contract and having an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert with higher education in one of the specialties - a doctor in general hygiene, a doctor in occupational hygiene, a doctor in sanitary and hygienic laboratory research;
3) Availability as structural unit testing laboratory (center), which is accredited by the national body of the Russian Federation for accreditation in the manner prescribed by the legislation of the Russian Federation, and the scope of accreditation of which is the conduct of research (tests) and measurements of harmful and (or) hazardous factors of the working environment and the labor process, provided for in paragraphs 1 - 11 and 15 - 23 of Part 3 of Article 13 of this Federal Law.
2. An organization conducting a special assessment of working conditions is entitled to conduct research (tests) and measurements of harmful and (or) dangerous factors of the working environment and the labor process, provided for in clauses 12-14 and 24 of part 3 of Article 13 of this Federal Law, if conducting research (testing) and measuring these factors is the area of accreditation of its testing laboratory (center), independently or engage under a civil law contract for research (testing) and measuring these factors testing laboratories (centers) accredited by the national body of the Russian Federation for accreditation in the manner prescribed by the legislation of the Russian Federation.
3. The procedure for admission of organizations to the activities of conducting a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities for conducting a special assessment of working conditions is established by the Government of the Russian Federation.
Article 20 Experts of organizations conducting a special assessment of working conditions
1. Persons who have passed certification for the right to perform work on a special assessment of working conditions and who have an expert certificate for the right to perform work on a special assessment of working conditions (hereinafter referred to as the expert certificate) are allowed to work as an expert of an organization conducting a special assessment of working conditions.
2. Attestation for the right to perform work on a special assessment of working conditions, the issuance of an expert certificate as a result of it and its cancellation are carried out by the federal executive body that exercises the functions of developing and implementing state policy and legal regulation in the field of labor, in the manner established Government of the Russian Federation.
3. Persons applying for an expert certificate must meet the following requirements:
1) the presence of higher education;
2) the presence of an additional vocational education, additional content professional program which provides for the study of issues of assessment of working conditions in the amount of not less than seventy-two hours;
3) experience practical work in the field of assessment of working conditions, including in the field of certification of workplaces for working conditions, at least three years.
4. Form of expert certificate, technical requirements to it and the instructions for filling out the expert certificate form are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.
Article 21
1. The federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of labor, forms and maintains a register of organizations conducting a special assessment of working conditions (hereinafter referred to as the register of organizations), and a register of experts of organizations conducting a special assessment of working conditions (hereinafter referred to as the register of experts).
2. The procedure for the formation and maintenance of the register of organizations is established by the Government of the Russian Federation.
3. The procedure for the formation and maintenance of the register of experts is established by the federal executive body, which performs the functions of developing and implementing state policy and legal regulation in the field of labor.
4. The following information shall be entered in the register of organizations:
1) full name of the organization and its location;
2) taxpayer identification number;
3) main state registration number;
4) the registration number of the entry in the register of organizations;
5) the date of entering information about the organization in the register of organizations;
6) the date of the decision to suspend the activities of the organization as an organization conducting a special assessment of working conditions, and the basis for making such a decision;
7) the date of the decision to resume the activities of the organization as an organization conducting a special assessment of working conditions, and the basis for making such a decision;
8) the date of the decision to terminate the activities of the organization as an organization conducting a special assessment of working conditions, and the basis for making such a decision.
5. The following information shall be entered into the register of experts:
1) last name, first name, patronymic (if any) of the expert;
2) number, date of issue of the expert certificate (duplicate of the expert certificate) and expiration date of the expert certificate (duplicate of the expert certificate);
3) area or areas of activity within which the expert can perform work on conducting a special assessment of working conditions;
4) the date of cancellation of the expert's certificate.
6. The information specified in parts 4 and 5 of this article shall be posted on the official website of the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, on the information and telecommunications network "Internet" and must be available for everyone to see interested parties without charge.
Article 22
1. Organizations conducting a special assessment of working conditions and experts of organizations conducting a special assessment of working conditions are independent and are guided in their activities solely by the requirements of the Labor Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation regulating special assessment of working conditions.
2. A special assessment of working conditions cannot be carried out:
1) officials of executive authorities authorized to exercise state supervision (control) in the established field of activity, as well as to conduct state examination of working conditions;
2) organizations, heads and other officials of which are founders (participants) legal entities(employers) and at whose workplaces a special assessment of working conditions is carried out, by officials of such organizations, responsible for organizing and conducting a special assessment of working conditions;
3) organizations, heads and other officials of which are in close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with the founders (participants) of legal entities (employers ), at the workplaces of which a special assessment of working conditions is carried out, by officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions;
4) organizations in relation to legal entities (employers), at the workplaces of which a special assessment of working conditions is carried out and for which such organizations are founders (participants), in relation to subsidiaries, branches and representative offices of these legal entities (employers), as well as in relation to legal entities (employers) having founders (participants) in common with such an organization;
5) experts who are founders (participants) of legal entities (employers) at whose workplaces a special assessment of working conditions is carried out, heads of such organizations, officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions;
6) experts who are in close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with founders (participants) of legal entities (employers), at workplaces which a special assessment of working conditions is carried out, by the heads of such organizations, officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions.
3. The procedure and amount of payment for the performance of work, the provision of services by organizations conducting a special assessment of working conditions, are determined by civil law contracts and cannot depend on the fulfillment of any requirements of employers and (or) their representatives regarding the results of a special assessment of working conditions, not provided for by this Federal Law.
4. Organizations conducting a special assessment of working conditions and their experts are not entitled to take actions that entail the emergence of a conflict of interest or create a threat of such a conflict (situations in which the interest of an organization conducting a special assessment of working conditions, or its expert affects or may influence the results of a special assessment of working conditions).
5. Violation by an organization conducting a special assessment of working conditions, or by an expert of the procedure for conducting a special assessment of working conditions, entails administrative liability in accordance with the Code of Administrative Offenses of the Russian Federation.
Article 23 Ensuring the fulfillment of obligations of an organization conducting a special assessment of working conditions
An organization conducting a special assessment of working conditions, during its conduct, can ensure the fulfillment of its obligations related to the risk of property liability, for obligations arising from damage to employers - customers of a special assessment of working conditions, and (or) employees, in relation to workplaces which a special assessment of working conditions was carried out, and (or) to other persons, by concluding a contract of voluntary insurance of such liability.
Article 24 Examination of the quality of a special assessment of working conditions
1. Examination of the quality of a special assessment of working conditions is carried out by the executive authorities of the constituent entities of the Russian Federation in the field of labor protection within the framework of the state examination of working conditions provided for by the Labor Code of the Russian Federation.
2. Examination of the quality of a special assessment of working conditions is carried out:
1) on the proposals of the territorial bodies of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, in connection with the implementation of measures for state control (supervision) over compliance with the requirements of this Federal Law, including on the basis of applications from employees, trade unions, their associations, other representative bodies authorized by employees, as well as employers, their associations, insurers;
2) on the basis of applications submitted directly to the body authorized to conduct an examination of the quality of a special assessment of working conditions, in accordance with part 1 of this article, applications from employees, trade unions, their associations, other representative bodies authorized by employees, as well as employers, their associations, insurers.
3. Conducting an examination of the quality of a special assessment of working conditions on the grounds specified in clause 2 of part 2 of this article is carried out on a paid basis at the expense of the applicant. Guidelines for determining the amount of payment for conducting an examination of the quality of a special assessment of working conditions are approved by the federal executive body authorized by the Government of the Russian Federation.
4. Disagreements on the issues of conducting an expert examination of the quality of a special assessment of working conditions, disagreement of the applicants specified in Part 2 of this article with the results of an examination of the quality of a special assessment of working conditions are considered by the federal executive body responsible for the development and implementation of state policy and legal regulation in the sphere of labor, taking into account the requirements of the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services."
5. The procedure for conducting an examination of the quality of a special assessment of working conditions and the procedure for considering disagreements on the issues of conducting such an examination are established by the federal executive body authorized by the Government of the Russian Federation.
6. The results of the expert examination of the quality of a special assessment of working conditions are subject to transfer to the accounting information system in the manner established by Part 3 of Article 18 of this Federal Law. The obligation to transfer the results of the examination of the quality of a special assessment of working conditions is assigned to the body authorized to conduct an examination of the quality of a special assessment of working conditions.
Chapter 4. Final Provisions
Article 25
1. State control (supervision) over compliance with the requirements of this Federal Law is carried out by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies in accordance with the Labor Code of the Russian Federation. Federation, other federal laws and other regulatory legal acts of the Russian Federation.
2. Union control compliance with the requirements of this Federal Law is carried out by labor inspectorates of the relevant trade unions in the manner established by labor legislation and the legislation of the Russian Federation on trade unions, their rights and guarantees of activity.
Article 26 Consideration of disagreements on issues of conducting a special assessment of working conditions
1. Disagreements on the issues of conducting a special assessment of working conditions, disagreement of an employee with the results of a special assessment of working conditions at his workplace, as well as employer complaints about the actions (inaction) of an organization conducting a special assessment of working conditions, are considered by the federal executive body authorized to conducting federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies, the decisions of which can be appealed in court.
2. An employer, an employee, an elected body of a primary trade union organization or another representative body of employees has the right to appeal against the results of a special assessment of working conditions in court.
Article 27 Transitional provisions
1. Organizations accredited in the manner that were in force before the date of entry into force of this Federal Law, as organizations providing services for attestation of workplaces in terms of working conditions, have the right to conduct a special assessment of working conditions before the expiration of the existing ones on the day of entry into force of this Federal Law. of the law of accreditation certificates of testing laboratories (centers) of these organizations, but no later than December 31, 2018 inclusive. Until the date of entry into force of the federal law on accreditation in national system accreditation accreditation of testing laboratories (centers) is carried out in accordance with the legislation of the Russian Federation on technical regulation.
2. Organizations that are accredited in the manner that was in force before the date of entry into force of this Federal Law, as organizations providing services for attestation of workplaces in terms of working conditions, and have testing laboratories (centers) whose accreditation certificates expire in 2014, is entitled to conduct a special assessment of working conditions without taking into account the requirements established by Clause 2 of Part 1 of Article 19 of this Federal Law, until December 31, 2014 inclusive.
3. The duties of the experts of the organizations specified in parts 1 and 2 of this article may be performed by persons working in these organizations under an employment contract and admitted, in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, to work in testing laboratories (centers), as on the date of entry into force of this Federal Law, but no later than the deadlines established by Parts 1 and 2 of this Article.
4. If before the date of entry into force of this Federal Law in relation to workplaces certification of workplaces was carried out in terms of working conditions, a special assessment of working conditions in relation to such workplaces may not be carried out within five years from the date of completion of this certification, for except for the occurrence of the circumstances specified in Part 1 of Article 17 of this Federal Law. At the same time, for the purposes specified in Article 7 of this Federal Law, the results of this attestation carried out in accordance with the procedure that was in force before the date of entry into force of this Federal Law are used. The employer has the right to conduct a special assessment of working conditions in the manner prescribed by this Federal Law, before the expiration of the existing results of attestation of workplaces for working conditions.
5. With regard to jobs specified in Part 7 of Article 9 of this Federal Law, a special assessment of working conditions is carried out in general order provided for by this Federal Law, until the federal executive body authorized by the Government of the Russian Federation establishes the specifics of conducting a special assessment of working conditions at such workplaces.
6. For jobs not specified in Part 6 of Article 10 of this Federal Law, a special assessment of working conditions may be carried out in stages and must be completed no later than December 31, 2018.
Article 28 The procedure for the entry into force of this Federal Law
1. This Federal Law shall enter into force on January 1, 2014, with the exception of Article 18 of this Federal Law.
3. Until January 1, 2016, the information specified in Article 18 of this Federal Law shall be transferred to the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, in the manner established by the federal an executive authority that performs the functions of developing and implementing state policy and legal regulation in the field of labor.
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT SPECIAL ASSESSMENT OF WORKING CONDITIONS
State Duma
Federation Council
Chapter 1. GENERAL PROVISIONS
Article 1. Subject of regulation of this Federal Law
1. The subject of regulation of this Federal Law are relations arising in connection with the conduct of a special assessment of working conditions, as well as with the implementation of the obligation of the employer to ensure the safety of employees in the course of their work and the rights of employees to workplaces that comply with state regulatory requirements for labor protection.
2. This Federal Law establishes the legal and organizational framework and procedure for conducting a special assessment of working conditions, determines the legal status, rights, duties and responsibilities of participants in a special assessment of working conditions.
Article 2. Regulation of the special assessment of working conditions
1. Regulation of the special assessment of working conditions is carried out by the Labor Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. The norms governing the special assessment of working conditions and contained in federal laws and other regulatory legal acts of the Russian Federation must comply with the norms of the Labor Code of the Russian Federation and
3. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.
Article 3. Special assessment of working conditions
1. A special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) dangerous factors of the production environment and the labor process (hereinafter also referred to as harmful and (or) hazardous production factors) and assess the level of their impact on the employee, taking into account their deviation actual values from the standards (hygienic standards) established by the federal executive body authorized by the Government of the Russian Federation for working conditions and the use of personal and collective protective equipment for workers.
2. Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions at workplaces are established.
3. A special assessment of working conditions is not carried out in relation to the working conditions of homeworkers, remote workers and workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs, or with employers - religious organizations registered under federal law.
4. Conducting a special assessment of working conditions in relation to the working conditions of state civil servants and municipal employees is regulated by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on the state civil service and on municipal service.
Article 4. The rights and obligations of the employer in connection with the conduct of a special assessment of working conditions
1. The employer has the right:
1) require the organization conducting a special assessment of working conditions to substantiate the results of its conduct;
2) conduct an unscheduled special assessment of working conditions in the manner prescribed by this Federal Law;
3) require from the organization conducting a special assessment of working conditions documents confirming its compliance with the requirements established by Article 19
4) appeal, in accordance with the procedure established by Article 26 of this Federal Law, against the actions (inaction) of an organization conducting a special assessment of working conditions.
2. The employer is obliged:
1) ensure the conduct of a special assessment of working conditions, including an unscheduled special assessment of working conditions, in the cases established by Part 1 of Article 17 of this Federal Law;
2) provide the organization conducting a special assessment of working conditions with the necessary information, documents and information that are provided for by the civil law contract specified in Part 2 of Article 8 of this Federal Law and that characterize the working conditions at the workplace, as well as explanations on the issues of conducting a special assessment of working conditions and proposals of employees to identify potentially harmful and (or) hazardous production factors at their workplaces (if such proposals exist);
3) not take any deliberate actions aimed at narrowing the range of issues to be clarified during a special assessment of working conditions and affecting the results of its conduct;
4) familiarize the employee in writing with the results of a special assessment of working conditions at his workplace;
5) give the employee the necessary explanations on the issues of conducting a special assessment of working conditions at his workplace;
6) to implement measures aimed at improving the working conditions of employees, taking into account the results of a special assessment of working conditions.
Article 5. Rights and obligations of an employee in connection with a special assessment of working conditions
1. The employee has the right:
1) be present during a special assessment of working conditions at his workplace;
2) contact the employer, his representative, the organization conducting a special assessment of working conditions, the expert of the organization conducting a special assessment of working conditions (hereinafter also referred to as the expert), with proposals for the identification of potentially harmful and (or) hazardous production factors at his workplace and for obtaining clarifications on the issues of conducting a special assessment of working conditions at his workplace;
3) appeal against the results of a special assessment of working conditions at his workplace in accordance with Article 26 of this Federal Law.
2. The employee is obliged to familiarize himself with the results of a special assessment of working conditions carried out at his workplace.
Article 6. Rights and obligations of an organization conducting a special assessment of working conditions
1. An organization conducting a special assessment of working conditions has the right to:
1) refuse, in accordance with the procedure established by this Federal Law, to conduct a special assessment of working conditions if during its conduct a threat to the life or health of employees of such an organization has arisen or may arise;
2) appeal in the established manner against the instructions of officials of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies.
2. An organization conducting a special assessment of working conditions is obliged to:
1) provide, at the request of the employer, a representative of the elected body of the primary trade union organization or other representative body of employees, with substantiation of the results of a special assessment of working conditions, as well as give explanations to employees on the issues of conducting a special assessment of working conditions at their workplaces;
2) provide at the request of the employer documents confirming the compliance of this organization with the requirements established by Article 19 of this Federal Law;
3) apply approved and certified in the manner prescribed by the legislation of the Russian Federation on ensuring the uniformity of measurements, measurement procedures (methods) and corresponding measuring instruments that have been verified and included in the Federal Information Fund for ensuring the uniformity of measurements;
4) not to start a special assessment of working conditions or suspend its conduct in the following cases:
A) failure by the employer to provide the necessary information, documents and information, which are provided for by the civil law contract specified in Part 2 of Article 8 of this Federal Law, and which characterize the working conditions at the workplace, as well as explanations on the issues of conducting a special assessment of working conditions;
B) the refusal of the employer to provide the conditions necessary for conducting research (testing) and measuring identified harmful and (or) hazardous production factors, in accordance with the civil law contract specified in Part 2 of Article 8 of this Federal Law;
5) keep commercial and other legally protected secrets that have become known to this organization in connection with its activities in accordance with this Federal Law.
Article 7. Application of the results of a special assessment of working conditions
The results of a special assessment of working conditions can be used to:
1) development and implementation of measures aimed at improving the working conditions of employees;
2) informing employees about working conditions in the workplace, about the existing risk of damage to their health, about measures to protect against the effects of harmful and (or) dangerous production factors and rely on employees working in jobs with harmful and (or) dangerous working conditions, guarantees and compensations;
3) providing employees with personal protective equipment, as well as equipping workplaces with collective protective equipment;
4) monitoring the state of working conditions in the workplace;
5) organizing, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon employment) and periodic (during employment) medical examinations of employees;
6) establishment of guarantees and compensations provided for by the Labor Code of the Russian Federation for employees;
7) establishing an additional rate of insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace;
8) calculation of discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases;
9) substantiating the financing of measures to improve working conditions and labor protection, including at the expense of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;
10) preparation of statistical reporting on working conditions;
11) resolving the issue of the relationship of diseases that have arisen among workers with the impact on workers at their workplaces of harmful and (or) dangerous production factors, as well as the investigation of accidents at work and occupational diseases;
12) consideration and settlement of disagreements related to ensuring safe working conditions between employees and the employer and (or) their representatives;
13) determining, in the cases established by federal laws and other regulatory legal acts of the Russian Federation, and taking into account the state regulatory requirements for labor protection, the types of sanitary services and medical support for employees, their volume and conditions for their provision;
14) making a decision on the establishment of restrictions provided for by labor legislation for certain categories of employees;
15) assessing the levels of professional risks;
16) other purposes provided for by federal laws and other regulatory legal acts of the Russian Federation.
Chapter 2. PROCEDURE FOR CONDUCTING A SPECIAL ASSESSMENT
WORKING CONDITIONS
Article 8. Organization of a special assessment of working conditions
1. Responsibilities for organizing and financing the conduct of a special assessment of working conditions are assigned to the employer.
2. A special assessment of working conditions is carried out jointly by the employer and the organization or organizations that meet the requirements of Article 19 of this Federal Law and are involved by the employer on the basis of a civil law contract.
3. A special assessment of working conditions is carried out in accordance with the methodology for its implementation, approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
4. A special assessment of working conditions at the workplace is carried out at least once every five years, unless otherwise provided by this Federal Law. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.
5. In the event of a special assessment of working conditions in relation to the working conditions of employees admitted to information classified as a state or other secret protected by law, it is carried out taking into account the requirements of the legislation of the Russian Federation on state and other secrets protected by law.
Article 9. Preparation for conducting a special assessment of working conditions
1. In order to organize and conduct a special assessment of working conditions, the employer forms a commission for conducting a special assessment of working conditions (hereinafter referred to as the commission), the number of members of which must be odd, and the schedule for conducting a special assessment of working conditions is also approved.
2. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any). The composition and procedure for the activities of the commission are approved by the order (instruction) of the employer in accordance with the requirements of this Federal Law.
3. When an employer, classified in accordance with the legislation of the Russian Federation as a small business, conducts a special assessment of working conditions, the commission includes the employer - an individual entrepreneur (personally), the head of the organization, other authorized representatives of the employer, including a labor protection specialist or a representative of an organization or a specialist engaged by the employer under a civil law contract to perform the functions of the labor protection service (labor protection specialist), representatives of the elected body of the primary trade union organization or other representative body of employees (if any).
4. The commission is headed by the employer or his representative.
5. Prior to the commencement of work on the special assessment of working conditions, the commission approves a list of jobs where a special assessment of working conditions will be carried out, indicating similar jobs.
6. For the purposes of this Federal Law, similar jobs are jobs that are located in one or more similar industrial premises (production zones) equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, where employees work one at a time and of the same profession, position, specialty, perform the same labor functions in the same working hours while maintaining the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.
7. With regard to jobs in organizations engaged in certain types of activities, as well as in the event that the performance of work on a special assessment of working conditions creates or may create a threat to the life or health of an employee, members of the commission, other persons, a special assessment of working conditions is carried out with taking into account the specifics established by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body that exercises the functions of developing state policy and legal regulation in the relevant field of activity, State Corporation for Atomic Energy "Rosatom", State Corporation for Space Activities "Roskosmos" and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The list of jobs in organizations engaged in certain types of activities in respect of which a special assessment of working conditions is carried out taking into account the features established by the federal executive body authorized by the Government of the Russian Federation (including, if necessary, assessing the injury risk of jobs), is approved by the Government of the Russian Federation, taking into account the opinion Russian tripartite commission for the regulation of social and labor relations.
Article 10. Identification of potentially harmful and (or) hazardous production factors
1. The identification of potentially harmful and (or) hazardous production factors is understood as the comparison and establishment of the coincidence of the factors of the production environment and the labor process at the workplace with the factors of the production environment and the labor process provided for by the classifier of harmful and (or) hazardous production factors approved by the federal body executive power, which performs the functions of developing and implementing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The procedure for identifying potentially harmful and (or) hazardous production factors is established by the methodology for conducting a special assessment of working conditions, provided for by Part 3 of Article 8 of this Federal Law.
2. Identification of potentially harmful and (or) hazardous production factors in the workplace is carried out by an expert of the organization conducting a special assessment of working conditions. The results of the identification of potentially harmful and (or) dangerous production factors are approved by a commission formed in the manner prescribed by Article 9 of this Federal Law.
3. When carrying out the identification of potentially harmful and (or) hazardous production factors at workplaces, the following should be taken into account:
1) production equipment, materials and raw materials used by employees and being sources of harmful and (or) dangerous production factors that are identified and in the presence of which, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon employment) and periodic (in during labor activity) medical examinations of employees;
2) the results of studies (tests) and measurements of harmful and (or) hazardous production factors previously carried out at these workplaces;
3) cases of industrial injuries and (or) the establishment of an occupational disease that arose in connection with the impact on the employee at his workplace of harmful and (or) dangerous production factors;
4) proposals of employees on the implementation of identification of potentially harmful and (or) hazardous production factors at their workplaces.
4. If harmful and (or) dangerous production factors at the workplace are not identified, the working conditions at this workplace are recognized by the commission as acceptable, and research (testing) and measurement of harmful and (or) dangerous production factors are not carried out.
5. If harmful and (or) dangerous production factors at the workplace are identified, the commission decides to conduct research (tests) and measurements of these harmful and (or) dangerous production factors in the manner established by Article 12 of this Federal Law.
6. Identification of potentially harmful and (or) hazardous production factors is not carried out in relation to:
1) workplaces of employees, professions, positions, specialties of which are included in the lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which early assignment of an old-age insurance pension is carried out;
2) workplaces in connection with work at which employees are provided with guarantees and compensations for work with harmful and (or) dangerous working conditions in accordance with legislative and other regulatory legal acts;
3) workplaces where harmful and (or) dangerous working conditions were established based on the results of earlier certification of workplaces for working conditions or a special assessment of working conditions.
7. The list of harmful and (or) dangerous production factors subject to research (testing) and measurements at the workplaces specified in Part 6 of this Article is determined by an expert of the organization conducting a special assessment of working conditions, based on the list of harmful and (or) dangerous production factors specified in Parts 1 and 2 of Article 13 of this Federal Law.
8. An expert of an organization conducting a special assessment of working conditions, in order to determine the list specified in paragraph 7 of this article, may carry out:
1) study of the documentation characterizing the technological process, production equipment, materials and raw materials used at the workplace, and documents regulating the duties of the employee employed at this workplace;
2) examination of the workplace;
3) familiarization with the work actually performed by the employee at the workplace;
4) other measures provided for by the procedure for identifying potentially harmful and (or) hazardous production factors, in accordance with the methodology for conducting a special assessment of working conditions.
Article 11. Declaration of compliance of working conditions with state regulatory requirements for labor protection
1. In relation to workplaces where harmful and (or) hazardous production factors have not been identified as a result of identification, as well as working conditions in which, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, are recognized as optimal or acceptable , with the exception of jobs specified in Part 6 of Article 10 of this Federal Law, the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision of compliance with labor laws and other regulatory legal acts containing labor law norms, at the place of its finding a declaration of compliance of working conditions with state regulatory requirements for labor protection.
2. The form and procedure for filing a declaration of compliance of working conditions with the state regulatory requirements for labor protection are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.
3. The federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms shall ensure the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory labor protection requirements in the manner established by the federal executive body executing the functions of developing and implementing state policy and legal regulation in the field of labor.
4. Declaration of conformity of working conditions with state regulatory requirements for labor protection is valid for five years. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.
5. In the event that during the period of validity of the declaration of compliance of working conditions with state regulatory requirements for labor protection, an employee employed at the workplace in respect of which this declaration was adopted, an accident occurred at work (with the exception of an accident at work that occurred due to the fault of third parties). persons) or he has an occupational disease, the cause of which was the impact on the employee of harmful and (or) dangerous production factors, or in relation to the employee and (or) at his workplace, were revealed in the course of federal state supervision over compliance with labor laws and other regulatory of legal acts containing labor law norms, violations of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation, in relation to such a workplace, this declaration is terminated and an unscheduled special assessment is carried out working conditions.
6. The decision to terminate the declaration of compliance of working conditions with state regulatory requirements for labor protection is taken by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, about which no later than within ten calendar days from the date of occurrence of the circumstances specified in paragraph 5 of this article, an appropriate entry is made in the register of declarations of compliance of working conditions with state regulatory requirements for labor protection.
7. Upon the expiration of the validity of the declaration of compliance of working conditions with state regulatory requirements for labor protection and in the absence of the circumstances specified in paragraph 5 of this article during the period of its validity, the validity of this declaration is considered extended for the next five years.
Article 12. Research (testing) and measurement of harmful and (or) hazardous production factors
1. All harmful and (or) hazardous production factors that are identified in the manner established by this Federal Law are subject to research (testing) and measurement.
2. The list of harmful and (or) hazardous production factors subject to research (testing) and measurement is formed by the commission based on the state regulatory requirements for labor protection, the characteristics of the technological process and production equipment, the materials and raw materials used, the results of previous studies (tests) and measurements of harmful and (or) hazardous production factors, as well as based on the proposals of employees.
3. Research (testing) and measurement of the actual values of harmful and (or) dangerous production factors are carried out by the testing laboratory (center), experts and (or) other employees of the organization conducting a special assessment of working conditions.
4. When conducting research (tests) and measurements of harmful and (or) dangerous production factors, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods (methods) of measurements and the corresponding measuring instruments that have been verified and made to the Federal Information Fund for Ensuring the Uniformity of Measurements.
5. Methods (methods) for measuring harmful and (or) hazardous production factors, the composition of experts and other employees conducting research (testing) and measuring harmful and (or) hazardous production factors are determined by the organization conducting a special assessment of working conditions independently.
6. The results of studies (tests) and measurements of harmful and (or) hazardous production factors are documented in protocols for each of these harmful and (or) hazardous production factors subjected to research (tests) and measurements.
7. As the results of studies (tests) and measurements of harmful and (or) hazardous production factors, the results of studies (tests) and measurements of harmful and (or) hazardous production factors conducted by an accredited in accordance with the legislation of the Russian Federation on accreditation in the national system can be used. accreditation by a testing laboratory (center) when carrying out production control over working conditions organized in the prescribed manner at workplaces, but not earlier than six months before a special assessment of working conditions. The decision on the possibility of using these results when conducting a special assessment of working conditions is made by the commission on the proposal of an expert of the organization conducting a special assessment of working conditions.
8. Based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, an expert of an organization conducting a special assessment of working conditions classifies working conditions at workplaces according to the degree of harmfulness and (or) danger to classes (subclasses) of working conditions .
9. The Commission has the right to decide on the impossibility of conducting research (tests) and measurements of harmful and (or) hazardous production factors if the conduct of these studies (tests) and measurements at workplaces can endanger the lives of workers, experts and (or) other employees of the organization conducting a special assessment of working conditions, as well as other persons. Working conditions at such workplaces belong to a dangerous class of working conditions without appropriate research (testing) and measurements.
10. The decision on the impossibility of conducting research (tests) and measurements on the grounds specified in part 9 of this article is drawn up in the protocol of the commission containing the rationale for making this decision and being an integral part of the report on the special assessment of working conditions.
11. The employer, within ten working days from the date of the decision referred to in paragraph 9 of this article, sends to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms, at the place of its location, a copy of the protocol of the commission containing this decision.
Article 13
1. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the working environment are subject to research (testing) and measurement:
1) physical factors - aerosols of predominantly fibrogenic action, noise, infrasound, air ultrasound, general and local vibration, non-ionizing radiation (electrostatic field, constant magnetic field, including hypogeomagnetic, electric and magnetic fields of industrial frequency (50 Hertz), alternating electromagnetic fields, including radio frequency and optical range (laser and ultraviolet), ionizing radiation, microclimate parameters (air temperature, relative humidity, air speed, infrared radiation), parameters of the light environment (artificial lighting (illuminance) of the working surface);
2) chemical factors - chemical substances and mixtures measured in the air of the working area and on the skin of workers, including some substances of a biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) for the content of which is controlled by methods of chemical analysis;
3) biological factors - microorganisms-producers, living cells and spores contained in bacterial preparations, pathogenic microorganisms - pathogens of infectious diseases.
2. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the labor process are subject to research (testing) and measurement:
1) the severity of the labor process - indicators of physical load on the musculoskeletal system and on the functional systems of the worker's body;
2) the intensity of the labor process - indicators of sensory load on the central nervous system and sensory organs of the worker.
3. The testing laboratory (center) conducts research (tests) and measurements of the following harmful and (or) dangerous factors of the production environment and the labor process:
1) air temperature;
2) relative air humidity;
3) air speed;
4) intensity and exposure dose of infrared radiation;
7) the intensity of the alternating electric field of electromagnetic radiation in the radio frequency range;
8) the intensity of the alternating magnetic field of electromagnetic radiation in the radio frequency range;
10) intensity of sources of ultraviolet radiation in the wavelength range of 200 - 400 nanometers;
11) energy illumination in the wavelength ranges UV-A (= 400 - 315 nanometers), UV-B (= 315 - 280 nanometers), UV-C ( = 280 - 200 nanometers);
12) energy exposure of laser radiation;
13) ambient dose equivalent rate of gamma radiation, X-ray and neutron radiation;
14) radioactive contamination of production premises, elements of production equipment, personal protective equipment and skin of workers;
15) sound level;
16) total sound pressure level of infrasound;
17) air ultrasound;
18) general and local vibration;
19) illumination of the working surface;
20) the concentration of harmful chemicals, including substances of biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) to control the content of which chemical analysis methods are used, as well as the concentration of mixtures of such substances in the air of the working area and on the skin of workers (in accordance with the scope of accreditation of the testing laboratory (center);
21) mass concentration of aerosols in the air of the working area;
22) the severity of the labor process (the length of the path of movement of the load, muscle effort, the mass of the goods being moved, the angle of inclination of the body of the worker's body and the number of inclinations per working day (shift), the time the load is held, the number of stereotyped working movements);
A) consists in the dispatching of production processes, vehicle control (duration of concentrated observation, density of signals (light, sound) and messages per unit of time, the number of production facilities for simultaneous observation, the load on the auditory analyzer, the time of active observation of the production process);
B) consists in servicing conveyor-type production processes (the duration of a single operation, the number of elements (methods) required to implement a single operation);
C) associated with long-term work with optical devices;
24) biological factors (in accordance with the scope of accreditation of the testing laboratory (center).
4. For certain types of work, professions, positions, specialties, by the federal executive body in charge of the development and implementation of state policy and legal regulation in the field of labor, together with the federal executive body in charge of the development of state policy and regulatory legal regulation in the relevant field of activity, the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roskosmos" in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian the tripartite commission for the regulation of social and labor relations may establish an additional list of harmful and (or) dangerous factors of the working environment and the labor process, subject to research (testing) and change erenyu when conducting a special assessment of working conditions.
Article 14. Classification of working conditions
1. Working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, permissible, harmful and dangerous working conditions.
2. Optimal working conditions (class 1) are working conditions under which the impact on the employee of harmful and (or) hazardous production factors is absent or the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions and accepted as safe for humans , and prerequisites are created to maintain a high level of employee performance.
3. Permissible working conditions (class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions, and the altered functional state of the employee's body is restored during a regulated rest or by the beginning of the next working day (shift).
4. Harmful working conditions (class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:
1) subclass 3.1 (harmful working conditions of the 1st degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after exposure to which the altered functional state of the employee's body is restored, as a rule, with a longer period than before the start of the next working day (shift), cessation of exposure to these factors, and the risk of damage to health increases;
2) subclass 3.2 (harmful working conditions of the 2nd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of professional ability to work) arising after prolonged exposure (fifteen or more years);
3) subclass 3.3 (harmful working conditions of the 3rd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of employment;
4) subclass 3.4 (harmful working conditions of the 4th degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) in the period labor activity.
5. Hazardous working conditions (class 4) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which during the whole working day (shift) or part of it can endanger the life of the employee, and the consequences of exposure These factors cause a high risk of developing an acute occupational disease during the period of employment.
6. In the event that employees employed in workplaces with harmful working conditions use effective personal protective equipment that has passed mandatory certification in the manner prescribed by the relevant technical regulation, the class (subclass) of working conditions may be reduced by the commission based on the conclusion of an expert of an organization conducting a special assessment of working conditions, one degree in accordance with the methodology approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
7. By agreement with the federal executive body exercising the functions of organizing and exercising federal state sanitary and epidemiological supervision, it is allowed to reduce the class (subclass) of working conditions by more than one degree in accordance with the methodology specified in part 6 of this article.
8. With regard to jobs in organizations engaged in certain types of activities, a reduction in the class (subclass) of working conditions may be carried out in accordance with industry-specific features approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
9. The criteria for classifying working conditions at the workplace are established by the methodology for conducting a special assessment of working conditions provided for by Part 3 of Article 8 of this Federal Law.
Article 15. Results of a special assessment of working conditions
1. An organization conducting a special assessment of working conditions shall draw up a report on its conduct, which includes the following results of a special assessment of working conditions:
1) information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of this Federal Law;
2) a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;
3) cards of a special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by an expert of an organization conducting a special assessment of working conditions;
4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;
5) a protocol for evaluating the effectiveness of personal protective equipment used by workers employed in workplaces with harmful working conditions that have passed mandatory certification in the manner prescribed by the technical regulations, carried out in order to reduce the class (subclass) of working conditions (in the event of such an assessment);
6) the protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements on the grounds specified in Part 9 of Article 12 of this Federal Law (if such a decision exists);
7) a summary sheet of a special assessment of working conditions;
8) a list of measures to improve the conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out;
9) conclusions of an expert of the organization conducting a special assessment of working conditions.
2. The report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to state in writing a reasoned dissenting opinion, which is attached to this report.
3. The form of a report on the conduct of a special assessment of working conditions and instructions for filling it out are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.
4. In relation to workplaces where harmful and (or) dangerous production factors are not identified, the report on the special assessment of working conditions shall contain the information provided for in paragraphs 1 - and 9 of part 1 of this article.
5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions. The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.
5.1. The employer, within three working days from the date of approval of the report on the special assessment of working conditions, is obliged to notify the organization that conducted the special assessment of working conditions about this by any available means that makes it possible to confirm the fact of such a notification, and also send a copy of the approved report on the conduct special assessment of working conditions by order by mail with a return receipt or in the form of an electronic document signed with a qualified electronic signature. If the report on the special assessment of working conditions contains information constituting a state or other secret protected by law, a copy of the said report is sent subject to the requirements of the legislation of the Russian Federation on state and other secrets protected by law.
6. The employer, taking into account the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law, organizes the placement on its official website in the Internet information and telecommunication network (if such a website exists) of summary data on the results of a special assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than within thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.
Article 16. Features of conducting a special assessment of working conditions at individual workplaces
1. When similar jobs are identified, a special assessment of working conditions is carried out for 20 percent of jobs out of the total number of such jobs (but not less than two jobs) and its results are applied to all similar jobs.
2. For similar jobs, one card of a special assessment of working conditions is filled out.
3. In relation to similar workplaces, a unified list of measures to improve the conditions and labor protection of workers is being developed.
4. A special assessment of working conditions at workplaces with territorially changing working areas, where the working area is considered to be a part of the workplace equipped with the necessary means of production, in which one employee or several workers perform similar work or technological operations, is carried out by preliminary determining typical technological operations characterized by the presence of the same harmful and (or) dangerous production factors, and the subsequent assessment of the impact on workers of these factors when performing such work or operations. The execution time of each technological operation is determined by an expert of the organization conducting a special assessment of working conditions, based on local regulations, by interviewing employees and their immediate supervisors, as well as by timing.
5. If during a special assessment of working conditions at least one workplace is identified that does not meet the similarity criteria established by Article 9 of this Federal Law, from among the workplaces previously recognized as similar, a special assessment of working conditions is carried out at all workplaces recognized previously similar.
Article 17. Carrying out an unscheduled special assessment of working conditions
1. An unscheduled special assessment of working conditions should be carried out in the following cases:
1) commissioning of newly organized jobs;
2) the receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with violations of the requirements of this Federal Law or state regulatory requirements for protection identified in the course of federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms labor contained in federal laws and other regulatory legal acts of the Russian Federation;
3) change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4) change in the composition of the materials used and (or) raw materials that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
5) change in the applied means of individual and collective protection, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6) an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
7) availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.
2. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within twelve months from the date of occurrence of the cases specified in clauses 1 and 3 of part 1 of this article, and within six months from the date of occurrence of the cases specified in clauses 2, - 7 of part 1 of this article.
3. In the event of a change in the name, surname or patronymic (if any) of the employer - an individual entrepreneur, the reorganization of the employer - a legal entity or a change in the name of the workplace, which did not entail the occurrence of grounds for an unscheduled special assessment of working conditions provided for in paragraphs 3 - and 7 part 1 of this article, an unscheduled special assessment of working conditions may not be carried out. The decision not to conduct an unscheduled special assessment of working conditions must be taken by the commission.
4. In the event of an unscheduled special assessment of working conditions, provided for in clause 2 of part 1 of this article, for the period before the approval of the report on its conduct, the situation of employees employed at workplaces in respect of which an unscheduled special assessment of working conditions is being carried out is not allowed, in part guarantees and compensations provided to them for work with harmful and (or) dangerous working conditions in comparison with their position before a special assessment of working conditions, the results of which were obtained with violations of the requirements of this Federal Law.
Article 18
1. The results of a special assessment of working conditions, including in relation to workplaces, the working conditions at which are declared as complying with the state regulatory requirements for labor protection, are subject to transfer to the Federal State Information System for recording the results of a special assessment of working conditions (hereinafter referred to as the accounting information system ), with the exception of information constituting a state or other secret protected by law, subject to the requirements of the legislation of the Russian Federation on personal data. The obligation to transfer the results of a special assessment of working conditions rests with the organization conducting a special assessment of working conditions.
2. In the accounting information system, the objects of accounting are the following information:
1) in relation to the employer:
A) full name;
B) location and place of activity;
C) taxpayer identification number;
D) main state registration number;
6.2.6. To conduct a special assessment of working conditions, form a commission to conduct a special assessment of working conditions in accordance with the requirements of Article 9 of the Federal Law of December 29, 2013 N 426-FZ "On a special assessment of working conditions";
The amount, procedure and conditions of compensation cannot be worsened or reduced in comparison with the procedure, conditions and amount of compensation measures actually implemented in relation to these employees as of the day the changes were made based on the results of the SATS (Article 15 of the Federal Law "On a special assessment of working conditions".
5.5.2. timely carry out SOUT in accordance with the Federal Law of December 28, 2013 N 426-FZ "On a special assessment of working conditions" with the participation of representatives of the elected body of the trade union organization as part of the special assessment commission.
1.23. The head of the depot is obliged to ensure the conduct of a special assessment of working conditions, the development and implementation of measures aimed at improving the working conditions of employees in accordance with the requirements of the Federal Law of the Russian Federation "On a special assessment of working conditions" and other regulations on labor protection.
Federal Law No. 426-FZ of December 28, 2013 "On Special Assessment of Working Conditions" (Official Internet portal of legal information http://www.pravo.gov.ru, December 30, 2013).
Clause 3 of Article 27 "Retention of the right to early appointment of a labor pension" of Federal Law No. 173-FZ of December 17, 2001 "On labor pensions in the Russian Federation";
"On the special assessment of working conditions". In accordance with the new law, a complete replacement of the procedure for attestation of workplaces with a special assessment of working conditions is envisaged. Conducting a special assessment is the responsibility of all employers.
Let's see what this means for businesses? What should I do if I need to conduct a special assessment of working conditions? And what can be beneficial for an enterprise to conduct a special assessment of labor?
Initially, it should be noted that the special assessment replaced the attestation of workplaces, which was enshrined in Article 212 of the Labor Code. The new federal law No. 426-FZ amended a number of other legislative acts, including labor Code, and in the administrative code. According to Federal Law 426: "a special assessment is a single set of consistently implemented measures to identify harmful and (or) dangerous production factors and assess the level of their impact on an employee. Based on the results of a special assessment, classes and subclasses of working conditions at workplaces are established."
The legislators provided for who and how should conduct a special assessment, how it is necessary to determine the list of jobs subject to special assessment, the frequency of the assessment, and determined the results of a special assessment of jobs.
In the future, the current sanctions will be replaced by other sanctions provided by the draft Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation, which will come into force in 2015. The amount of the fine will be from 5,000 to 10,000 rubles for officials and individual entrepreneurs, and from 60,000 to 80,000 rubles for legal entities. But there can also be financial benefits from conducting a special assessment! So, based on the results of a special assessment, a discount on FSS contributions is calculated. In addition, when conducting a special assessment, it is possible to avoid the maximum additional contribution to Pension Fund in the amount of 6%. In the absence of an assessment, you will have to pay the maximum.
Let's look at how the requirements of Federal Law No. 426 can be implemented using the example of using the Labor Protection program for 1C Enterprise.
At the first stage, it is necessary to complete the formation of a list of jobs subject to special assessment. Article 4, paragraph 2 § 2 obliges the employer to provide the necessary information, documents and information that characterize the working conditions at the workplace, as well as explanations on the issues of conducting a special assessment of working conditions.
When preparing information on workplaces, it should be taken into account that several employees can work at one workplace at one machine, or one employee can use several pieces of equipment in the work.
To compile a list of jobs in the Occupational Safety program, you must use one of 3 methods: create a list of jobs by staffing, according to the list of main equipment or enter the list of jobs in the list.
The program will automatically assign a workplace number, link equipment and a staff unit to the workplace, and at the same time immediately establish for this workplace a list of harmful factors inherent in the equipment used at the workplace.
The created list of jobs can be adjusted to meet the requirements of the law and it is possible to both add and exclude jobs from the list that should not be included in the special assessment.
In accordance with the position of legislators, office jobs are also subject to a special assessment, and accordingly, all such places must be included in the list. Additionally, for each workplace, it is necessary to indicate the applicable technological process equipment, materials used, form a description of the workplace.
Article 9, paragraph 6 of 426-FZ, to simplify work with the same jobs, provides for the concept of similar jobs. "Jobs that are located in one or more similar industrial premises, equipped with the same ventilation, air conditioning, heating and lighting systems, where employees work in the same profession, position, specialty, perform the same labor functions in the same mode of working hours while maintaining the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.
It is necessary to fix the list of similar jobs on the "Analogues" tab in the "Jobs" directory. At the same time, one list of harmful factors, the same set of instructions and personal protective equipment will be used for similar workplaces.
Preliminary preparation of a list of jobs allows you to collect all the necessary information for a special assessment, transfer information to experts to identify harmful factors. All information about the workplace is entered in the workplace passport.
In the second chapter, the federal law on special assessment determines the procedure for conducting a special assessment. To begin with, the manager needs to make an administrative document in which to create a commission to conduct a special assessment. The commission is created with the participation of a representative of the employer, a manager, a labor protection specialist and a representative of the trade union body. It is advisable to include representatives of the established commission in the directory responsible persons. The chairman of the commission, who is also the head of the organization, will be used to substitute in printed forms programs.
To create the necessary instructions, the program provides a special document "Start of a special assessment." Which allows you to determine the members of the commission, the list of jobs for the next or extraordinary special assessment and the work plan of the commission.
Much attention in the text of the law is determined by the procedure for conducting a special assessment. It is provided that the commission carries out the identification of potentially harmful and (or) dangerous production factors, Article 10.
If harmful or dangerous production factors at the workplace are not identified, the working conditions at this workplace are recognized by the commission as acceptable, and studies and measurements of harmful and dangerous production factors are not carried out.
If harmful or dangerous production factors at the workplace are identified, the commission decides to conduct research and measurements of these harmful or dangerous production factors. Measurements should be carried out by the organization conducting the special assessment. Chapter 3 of the law gives great attention requirements for such organizations.
The list of harmful substances that may be present in the technological process was previously provided for in the Decree of April 30, 2003 N 76 GN 2.2.5.1313-03 and in the Decree of March 6, 2007 N 10 Hygienic standards GN 2.2.6.2178-07. In the program, this list is already present in the directory, which facilitates the work.
In accordance with Order 426-FZ, a hazard class is established in the Labor Protection program.
The measurement results must be reflected in the special assessment report. The form of the report has not yet been determined, but this is not fundamental. It is important to familiarize the employee with the results of a special assessment. And if there is a website, then publication of the results on the website is provided.
The frequency of the special assessment is 1 time in 5 years. However, it may also be necessary to conduct an unscheduled special assessment if there have been changes in the equipment of the workplace, the results of the special assessment have been challenged, injuries or accidents have occurred at work, and in a number of other cases. In any of these cases, you will again need to use the help of the Occupational Safety and Health program and seek the services of a specialized organization.
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