Additional tariff after the expiration of the certification. Is the employer obliged to provide guarantees and compensation to new employees if the certification of workplaces has ended and a special assessment of working conditions has not been carried out?

Certification of workplaces in a new way

So, as follows from Order No. 342n dated April 26, 2011 of the Ministry of Health and Social Development of Russia, a new Procedure for certification of workplaces based on working conditions is being introduced (hereinafter referred to as the Procedure). This document came into force on 09/01/2011. The new Procedure contains significant changes that affect both the employer and the employee. It describes in more detail the preparation for certification, the distribution of responsibilities for its organization and conduct, and the presentation of results. In addition, a number of innovations have appeared.

And what new things await us now:

Now the certification results, according to clause 3 of the Procedure, are used for new purposes:

• for the development and implementation of measures to bring working conditions into compliance with state regulatory requirements for labor protection;
• establishing benefits for employees engaged in heavy work and work with harmful factors - reduced working hours, annual additional paid leave, increased wages;
• bringing job titles into compliance with the All-Russian Classifier of Worker Occupations, Employee Positions and Tariff Grades (OKPDTR);
• collecting and processing information about the state of labor conditions and safety from employers.

The new Procedure applies not only to employers, but also to specialized organizations that will provide services for certification of workplaces. Thus, the employer and the certifying organization participate in this process together, and a civil law agreement must be concluded with the latter. An important condition: the certifying organization must be an unaffiliated person in relation to the employer, i.e. should not influence its activities. In addition, it requires accreditation. In accordance with clause 6 of the Procedure, the employer has the right to attract not one, but several such organizations. Now they can work independently of each other, certifying not only different departments, but also different types of work. But the duty and responsibility for conducting certification rests solely with the employer.

Please note: clause 6 of the Procedure introduces the definition of a certifying organization. This is a legal entity accredited in the prescribed manner as an organization that provides certification services and carries out, on the basis of a civil law agreement with the employer, measurements and assessments, as well as an assessment of the compliance of working conditions with state regulatory requirements for labor protection, carried out in accordance with the Procedure, registration and preparation of the certification report.

In accordance with paragraph 9 of Part 2 of Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to carry out certification of workplaces. Clause 7 of the Procedure contains a list of the relevant rights and obligations of both the employer and the certifying organization. From the latter, the employer has the right to demand documentary confirmation of accreditation - notification of inclusion in the register of organizations providing services in the field of labor protection or at least a copy thereof. When conducting certification, the employer must provide the necessary documentation, provide explanations and provide assistance to the certifying organization. She, in turn, independently determines the methods by which measurements and assessment will be carried out on the basis of the Procedure and regulations, determines the composition of specialists who will carry out measurements and assessment, and may refuse to carry out certification if the employer does not provide the necessary conditions . In addition, the certifying organization is obliged, at the request of the employer, to provide the basis for the conclusions obtained based on the results of the certification. The employer can now set the timing of the certification, taking into account that it must be carried out at least once every 5 years, as specified in clause 8 of the Procedure. To do this, he, in accordance with clause 11 of the Procedure, issues an order that approves the composition of the certification commission and the certification schedule (Appendices 1 and 2). But the certification of new workplaces must begin no later than 60 working days after their commissioning and will be unscheduled (clause 8 of the Procedure). Unscheduled certification is also carried out based on the results of a state examination of working conditions, when replacing production equipment, collective protective equipment or modifying a technological process.

The employer can establish all the features of certification in a local regulatory act developed on the basis of the Rules - this document must be agreed upon with the trade union organization.

The process of preparation for certification of workplaces has also been changed. If the previous Procedure (approved by Order of the Ministry of Health and Social Development of the Russian Federation dated August 31, 2007 No. 569 and was in force until September 1, 2011) recommended including representatives of trade union organizations in the certification commission, then according to clause 10 of the new Procedure, the commission must include representatives of the elected body of the trade union and occupational safety specialist, and it should be headed by a representative of the employer. An assessment of the compliance of working conditions with state regulatory requirements for labor protection has been determined, which should contain: an assessment of the compliance of working conditions with hygienic standards, an assessment of the injury hazard of workplaces, an assessment of the provision of workers with personal protective equipment (PPE), a comprehensive assessment of working conditions in the workplace.

The assessment of compliance of working conditions with hygienic standards is carried out by specialists of the certifying organization in accordance with clauses 14-19 of the Procedure. It should affect all factors of the production environment and the labor process. The list of factors is formed from state regulatory requirements for labor protection, characteristics of the technological process and production equipment, as well as suggestions from employees. The assessment should be carried out on the basis of instrumental measurements and determination of the levels of factors of the production environment during production processes typical for the organization. Measuring instruments should be checked in accordance with the established procedure. All measurements and assessments, as before, are documented in a protocol. However, the form of the protocol and the requirements for its execution have changed. The form of the protocol itself is given in Appendix No. 4 of the Procedure. Now in the protocol, according to clause 18 of the Procedure, it is necessary to indicate the full and abbreviated name of the organization, the actual address of the organization's location. In addition to the name of the workplace, it is necessary to provide the positions of workers employed at the certified workplaces in accordance with OKPDTR, as well as information about the accreditation of both the certifying organization itself and its testing laboratory. The protocol is completed with a conclusion on the actual level of the factor at all places where measurements were taken, and the final class of working conditions for this factor. Only two persons must sign the protocol - the responsible official and the specialist from the certifying organization who carried out the measurements. But if the measurements and assessment were carried out by several specialists, then the protocol must indicate everyone who took part in this. The protocol must be certified by the seal of the certifying organization (Appendix 3).

Specialists from the certifying organization also assess the risk of injury in workplaces and the provision of personal protective equipment to workers. First, you should determine the compliance of working conditions with hygienic standards and the degree of injury risk of the workplace, and only then check whether workers are provided with PPE. Now, according to clause 31 of the Procedure, procedures for assessing the provision of PPE must be carried out sequentially, and not simultaneously, as before. The procedure is as follows: the range of personal protective equipment actually issued to employees must be compared with the corresponding standard standards for free issuance, then make sure that there are certificates of compliance with personal protective equipment and, finally, check the procedure for providing employees with personal protective equipment and assess the actual condition of the funds issued. In addition, the effectiveness of funds already issued to employees can be additionally identified.

Instead of assessing the actual state of working conditions at workplaces, the new Procedure introduces a comprehensive assessment. In accordance with clause 36 of the Procedure, it includes the results of assessments of the class or subclass of working conditions established based on the results of assessing the compliance of working conditions with hygienic standards, the class of working conditions in terms of injury risk and the provision of workers with personal protective equipment.

According to clause 44 of the Procedure, after certification of workplaces for working conditions (scheduled or unscheduled), its results must be formalized, but not in the form of a package of documents, but in the form of a report

According to clause 44 of the Procedure, after certification of workplaces for working conditions (scheduled or unscheduled), its results must be formalized, but not in the form of a package of documents, but in the form of a report. Such a report should be accompanied by the same documents that were previously part of the package, but instead of an order to conduct certification there should be an order to create a certification commission and approve a schedule for certification work. Since the certifying organization is now necessarily involved in the certification, a new document is attached to the report - “Information about the certifying organization.” Its form is given in Appendix No. 10 of the Procedure. This document sets out in detail the data of the certifying organization: its full name, address, information about the manager, Taxpayer Identification Number, information about the accreditation of the testing laboratory and about its employees who participated in the certification, as well as information about the instruments used to carry out the measurements. If, at the end of the certification, a conclusion is issued based on the results of the state examination and an order regarding identified violations of the Procedure, then they must also be attached to the report. The new Procedure defines the period for consideration of the report by the certification commission. According to subclause 12 of clause 44 of the Procedure, it should not exceed 10 calendar days from the date of receipt of the document. At the same time, the certification commission signs the minutes of the meeting and submits it along with the report to the employer. And the employer, in turn, within the next 10 working days must sign an order to complete the certification and approve the report and must familiarize the employee with the results of the certification against signature.

The employer submits a summary statement of the certification results and information about the certifying organization to the state labor inspectorate within 10 calendar days from the date of issuance of the order to complete the certification - not only in paper form, but also on electronic media. These requirements are contained in clause 45 of the Procedure. The certifying organization must send the same documents to the federal system for collecting, processing and storing data. At the same time, the employer is responsible not only for conducting certification, but also for the accuracy and completeness of providing information to the state labor inspectorate, and responsibility for the accuracy of measurements and assessments rests with both the employer and the certifying organization.

The New Procedure also provides benefits to workers engaged in heavy work, as well as work with harmful and (or) dangerous working conditions. During the certification process, harmful factors affecting human health are recorded, and employees are required to familiarize themselves with the test results. This is an additional guarantee of the benefits provided to such employees by the Labor Code of the Russian Federation - reduced working hours, increased wages and annual additional paid leave.

Appendix 3

Example of a workplace injury hazard assessment protocol

Information provided based on materials from the magazine Kadrovik.ru

Until June 2016, we have employee certification. Therefore, we currently calculate insurance premiums to the Pension Fund of the Russian Federation at an additional rate for harmful conditions at a rate of 2%. In June, our certification in terms of timing will no longer be valid. We will not be able to conduct a special assessment this year. In this case, from the month when our certification is no longer valid, will we have to charge insurance premiums at an additional rate for harmful conditions at an increased rate? And what threatens the enterprise if we fail to carry out a special assessment in a timely manner?

If before January 1, 2014, the organization carried out certification of workplaces for working conditions, then, in general, a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the date of completion of this certification. The results of this certification can be used to calculate insurance premiums for additional tariffs for hazardous workers. Provided that the certification was carried out in accordance with the requirements of the law before 01/01/2014 and its validity period has not expired.

That. the company has the right to apply a differentiated tariff of additional contributions until the expiration date of workplace certification. If the organization does not conduct a special assessment before this moment, then from the date of expiration of the certification, contributions must be paid in accordance with Part 1-2 of Article 58.3 of the Law of July 24, 2009 No. 212-FZ.

If an organization does not conduct a special assessment within the time limits established by the Law, this will constitute a violation of labor protection requirements. For such a violation, administrative liability is provided in the form (Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

– a fine from 60,000 to 80,000 rubles. – for organizations.

Additional rates

How should you accrue?

Insurance premiums at additional rates must be charged to the Pension Fund of the Russian Federation for payments to employees who are employed:

• in underground work, in work with hazardous working conditions and in hot shops (subclause 1, clause 1, article 30 of Law No. 400-FZ of December 28, 2013, list No. 1, approved by resolution of the USSR Cabinet of Ministers of January 26, 1991 No. 10);
• on certain types of work specified in subparagraphs 2–18 of paragraph 1 of Article 30 of the Law of December 28, 2013 No. 400-FZ. If some of these jobs are included in the lists of professions, positions and organizations that give the right to early retirement, insurance premiums at additional rates need to be calculated only from the income of the employees indicated in them.

How much additional fees should I pay?

The amount of additional tariffs depends on whether the organization has carried out certification of workplaces. The methodology for conducting a special assessment of working conditions was approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

If the organization is obliged to accrue additional pension contributions for payments to some employees, then calculate such contributions without taking into account the maximum amount of payments. That is, from all payments accrued to these employees, which are subject to insurance premiums.

This order follows from the provisions of Part 3

If the organization has not carried out a special assessment of working conditions or certification of workplaces, apply additional tariffs for insurance premiums, which are established by parts and articles 58.3 of the Law of July 24, 2009 No. 212-FZ.

Has the organization carried out a special assessment of working conditions and, based on its results, certain classes (subclasses) of working conditions have been established? Then apply the differentiated scale of additional tariffs established by part 2.1 of article 58.3 of the Law of July 24, 2009 No. 212-FZ.

Contributions must be calculated on a differentiated scale from the date of approval of the report on the special assessment. For example, if the special assessment report was approved on June 15, the differentiated scale must also be applied from June 15. For payments accrued from June 1 to June 14 inclusive, accrue contributions on the same terms. This is stated in the letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3/B-113.

The results of a previously conducted workplace certification are equated to the results of a special assessment of working conditions. Until December 31, 2018, they can also be used by determining special additional rates. To do this, three conditions must be met:

• certification of workplaces was carried out, and its results were documented according to the rules approved by orders of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n or dated August 31, 2007 No. 569;
• certification results were issued no later than December 31, 2013 (letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3/B-113);
• based on the results of certification, working conditions at the workplace are recognized as harmful or dangerous;
• The validity period of workplace certification results has not expired.

This procedure is provided for by Part 5 of Article 15 of the Law of December 28, 2013 No. 421-FZ.

Attention: starting from January 1, 2014, the degree of workplace safety can be determined exclusively in the form of a special assessment of working conditions in accordance with. Documents that regulate the procedure for certification of workplaces when conducting a special assessment of working conditions are not used (letter of the Ministry of Labor of Russia dated April 8, 2014 No. 15-4/B-366).

It is allowed to use the results of previous workplace certifications when determining the amount of additional tariffs because the classification of working conditions itself did not change with the release of Law No. 426-FZ of December 28, 2013. That is, correctly executed workplace certification cards must indicate the same classes and subclasses of working conditions that are provided for in Part 2.1 of Article 58.3 of the Law of July 24, 2009 No. 212-FZ.

Consequently, pension contributions must be calculated at differentiated additional rates for payments to employees employed in these jobs. If working conditions are considered hazardous (class 4), payments are subject to additional pension contributions at a rate of 8 percent. If working conditions are recognized as harmful, then, depending on the subclass of working conditions (3.1–3.4), charge contributions at rates from 2 to 7 percent.

Attention: if working conditions are recognized as optimal or acceptable based on the results of certification of previous years, additional pension contributions are charged at fixed rates of 6 or 9 percent. It is impossible to apply zero tariffs for additional pension contributions in such a situation.

The benefit can be used only if optimal or acceptable working conditions are confirmed by the results of a special assessment carried out in accordance with Law of December 28, 2013 No. 426-FZ. This follows from the provisions of Part 5 of Article 15 of the Law of December 28, 2013 No. 421-FZ and is confirmed in the clarifications of the Ministry of Labor of Russia dated March 7, 2014 and in the letter of the Pension Fund of the Russian Federation dated February 12, 2014 No. NP-30-26/ 1707.

How to Conduct a Special Conditions Assessment labor

Situation: Is it necessary to conduct a special assessment of working conditions if, on January 1, 2014, the organization carried out workplace certification

In general, it is not necessary.

If before January 1, 2014, the organization carried out certification of workplaces for working conditions, then, in general, a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the date of completion of this certification. The results of this certification can be used for the purpose of special assessment of working conditions. That is, if an organization carried out scheduled certification, for example, in 2013, then working conditions will need to be assessed according to the new rules only in 2018. The exception is cases when the employer needs to conduct an unscheduled assessment (clause 1, article 17 of the Law of December 28, 2013 No. 426-FZ).

In addition, the employer has the right, on his own initiative, to conduct a special assessment of working conditions even before the expiration of the existing workplace certification results. For example, if he wants to review guarantees for employees with harmful and dangerous working conditions and provide them in accordance with the new procedure.

This is stated in paragraph 4 of Article 27 of the Law of December 28, 2013 No. 426-FZ.

Responsibility

Violation of the procedure for conducting a special assessment of working conditions at workplaces is a violation of labor protection requirements. If an organization does not conduct a mandatory special assessment of working conditions, this will constitute a violation of labor protection requirements.

For such a violation, administrative liability is provided in the form of:

– warning or fine in the amount of 5,000 to 10,000 rubles. – for officials;
– a fine from 5,000 to 10,000 rubles. – for entrepreneurs;
– a fine from 60,000 to 80,000 rubles. – for organizations.

Repeated violations are punishable by:

– a fine in the amount of 30,000 to 40,000 rubles. or disqualification for a period of one to three years – for officials;
– a fine from 30,000 to 40,000 rubles. or administrative suspension of activities for up to 90 days – for entrepreneurs;
– a fine from 100,000 to 200,000 rubles. or administrative suspension of activities for up to 90 days – for organizations.

Such liability is provided for in the Code of the Russian Federation on Administrative Offences.

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  Decision of the Supreme Court of the Russian Federation dated June 4, 2013 N AKPI13-411 4 193

• 09.07.13

  According to Art. 209 of the Labor Code of the Russian Federation, a harmful production factor is a production factor, the impact of which on an employee can lead to illness. 3 757



• 04.06.13

  In a letter dated 04/08/13 No. 15-1-859, the Ministry of Labor cited a chain of reasoning from which the conclusion followed: the order to abolish the mandatory certification of office workplaces, issued by the department in December last year, did not change anything. The Ministry of Labor began with a quote from the Procedure for certifying workplaces based on working conditions. In workplaces with the presence of production factors and work, during the performance of which preliminary and... 1 5 967

• 03.06.13

  The state no longer wants to be responsible for the pensions of citizens working in hazardous industries - construction sites, painting and glass shops, mines and other places hazardous to health. They will only be paid disability benefits from the budget; the employer or the Social Insurance Fund will take care of the pension. 1 029

• 31.05.13

  Letter of the Ministry of Labor of the Russian Federation dated 04/08/2013 No. 15-1-859 9 22 404



• 23.05.13

  If your employees spend more than 50 percent of their time in front of a computer, then their workplace still needs to be certified. Such explanations were given by the Russian Ministry of Labor in response to a request from the editors of Glavbukh. Details - in letter dated 04/08/2013 No. 15-1-859. Officials explained their conclusion as follows. From February 26, 2013, it is not necessary to check office workstations. But this general rule cannot be applied if, based on the results of the previous... 11 8 384

• 19.04.13

  Several employees work on computers in a windowless room lit by fluorescent lamps throughout the workday. Are they entitled to shorter working hours or a shorter week? 3 22 659

• 17.04.13

  According to Article 147 of the Labor Code, wages for persons employed in these jobs must be set at increased rates. The minimum salary increase and other benefits for the mentioned employees are determined by a decree of the Government of the Russian Federation. 27 433

• 11.04.13

  The Ministry of Labor has made changes to the Procedure for certifying workplaces based on working conditions (hereinafter referred to as the Procedure), aimed at reducing the “certification” burden. Let's look at the main stories. 8 223

• 11.02.13

  Order of the Ministry of Labor dated December 12, 2012 N 590n 11 194

• 25.12.12

  Letter of the Ministry of Finance dated December 11, 2012 No. 03-03-06/1/645 1 838

• 25.12.12

  Certification of workplaces for working conditions must be carried out by all employers, regardless of their form of ownership. Only employers - individuals who are not individual entrepreneurs - are exempt from the certification procedure. Certification is a strictly formalized procedure and is carried out in the manner prescribed by law. 5 30 113

• 23.11.12

  Is it possible to recognize one-time costs of an organization for the purchase of workwear issued to employees in accordance with legal requirements in accounting and tax accounting? 1 6 755

• 15.10.12

  Order of Intrud dated October 2, 2012 N 216 2 326

• 04.10.12

  Letter from the Social Insurance Fund dated October 2, 2012 N 15-03-11/07-12612 8 843

• 03.10.12

  Information from the Ministry of Labor dated 01.10.2012 "Explanations on the procedure for providing employees engaged in work with harmful and (or) dangerous working conditions with reduced working hours, annual additional paid leave, increased wages, in accordance with clause 1 of the Decree of the Government of the Russian Federation dated November 20, 2008 N 870" 3 937

• 14.09.12

  In what cases should workers working with PCs be sent for medical examinations? What liability is provided for the employer for failure to ensure that such employees undergo medical examinations and lack of workplace certification? 18 43 308

• 06.09.12

  Order of the Ministry of Labor of Russia dated 01.08.2012 N 39n "On approval of the Methodology for calculating discounts and allowances to insurance rates for compulsory social insurance against industrial accidents and occupational diseases" 2 874

• 14.06.12

  Every day, courts make a large number of decisions on tax issues regarding the economic activities of organizations and entrepreneurs. It is quite difficult to track them all, but in order to make the right decision, you need to know the trends in resolving controversial situations. 1 321

• 24.05.12

  Here is additional material for the report on the seminar “Optimizing taxes: how not to” (lecturer A.I. Dybov - deputy editor-in-chief of the publication “General Book. Conference Hall”). Published in the publication "General Book. Conference Hall" 2012, No. 05. 2 934

• 18.05.12

  Conclusion on the examination of the order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n “On approval of the Procedure for certification of workplaces for working conditions” 2 465

• 11.05.12

  Two important documents related to labor protection have been released. In accordance with the order of the Ministry of Health and Social Development of Russia dated March 1, 2012 No. 181n, all companies must approve a list of occupational safety measures. These include training, purchasing personal protective equipment, and certification of workplaces. And how to carry out certification at the expense of the Federal Social Insurance Fund of the Russian Federation, says the order of the Ministry of Health and Social Development of Russia dated February 10, 2012 No. 113n. 6 335

• 24.04.12

  If there are harmful production factors, enterprises can provide milk to employees. These expenses can be taken into account when calculating the single tax under “simplified taxation”. This was confirmed by the judges (resolution of the Federal Antimonopoly Service of the Ural District dated March 13, 2012 No. F09-1132/12). 2 566

• 28.03.12

  What are the responsibilities of the employer if the company has workplaces in which, based on the results of appropriate certification, work is recognized as harmful or dangerous? What guarantees and benefits should be provided to employees in this case? 39 725

• 27.02.12

  In what case can an employer come under inspection by the FSS? - For example, if he often adjusts calculations for insurance premiums. Will the GIT check the certification of each workplace? - Yes, it will. Will the Pension Fund pay attention to personnel documents when checking the fact of payment of insurance premiums? - Yes, it will (for example, to an employee’s employment contract, an order to pay a bonus, etc.). 7 482

• 30.12.11

  The amounts of insurance premiums for injuries for 2012 remained the same. However, the procedure for receiving discounts (additions) to them has changed. Now it directly depends on the results of workplace certification in a travel agency and mandatory medical examinations of workers. 6 001

• 19.12.11

  From January 1, 2012, companies are required to report the results of workplace certification and mandatory medical examinations of employees to the Federal Social Insurance Fund of the Russian Federation. This information will affect the calculation of discounts and surcharges to insurance premium rates for injuries. Discounts and allowances will be calculated based on the results of work over the last three years, not just one. Innovations are introduced by Federal Law No. 300-FZ of November 6, 2011. He amended articles 17 and 22 of the Federal Law of July 24, 1998 No. 125-FZ. 1 11 692

• 16.12.11

  In 2012, new rules for conducting mandatory preliminary and periodic medical examinations for workers engaged in heavy work and work with harmful and (or) dangerous working conditions should be applied. 61 87 899

• 16.12.11

  Legislators have adjusted the procedure for obtaining discounts (additions) to insurance premiums for injuries. Now it directly depends on the results of workplace certification in the company and mandatory medical examinations of workers. Officials of the FSS of Russia, in turn, have complicated the procedure for branches to obtain an individual insurance tariff. 1 11 049

• 25.11.11

  It is necessary to report on the income of employees for 2011 according to new rules... From 2012, it will become more difficult to reduce contributions for injuries... Expenses in tax accounting cannot be confirmed with invoices... 6 079

• 26.09.11

  4 570

• 16.09.11

  Letter of the Federal Tax Service dated September 6, 2011 N ED-4-3/14453@ "On the procedure for accounting for tax purposes of costs for certification of workplaces and compensation payments" 2 597

• 25.08.11

  I would like to make a couple of clarifications on our topic so that listeners clearly understand what we will talk about. Most importantly, I want to clarify what exactly during the seminar I will understand by mistakes that it is advisable to avoid. There may be different approaches to this: some consider something to be an error, others do not. In the context of our conversation today, we will understand an error as something that causes disputes with the tax inspectors. The initial criterion for determining an error for us will be the position of the tax authorities, regardless of whether they are right. You and I understand that in the field of taxation the question of what is correct, although important, is of a subordinate nature. The main task is to avoid financial risks for the company and minimize losses associated with inspection claims. 1 5 821

• 22.08.11

  From September 1, 2011, companies will conduct certification of workplaces, that is, assessment of hygienic working conditions and injury safety, in accordance with the new Procedure. It was approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n. The old order, approved by order of the Ministry of Health and Social Development of Russia dated August 31, 2007 No. 569, is valid until the end of summer. 4 967

• 17.08.11

  The employer is required to conduct workplace certification for working conditions every five years. From September 1, 2011, you will have to follow new rules. Why is certification needed? Who should be entrusted with carrying it out? What is the liability for failure to comply with legal requirements? 14 695

• 16.08.11

  Our reader went through three levels to prove the company’s right to pay the chief accountant and other managers compensation for harmful activities, which is not subject to personal income tax. Moreover, there was no costly certification of workplaces. 4 376

• 12.08.11

  On September 1, 2011, a new Procedure for certifying workplaces based on working conditions comes into force. Let's look at the innovations in the article... 32 951

• 03.08.11

  The article substantiates the feasibility of developing and implementing production productivity standards at enterprises, the practical application of which will sooner or later lead to a significant improvement in the use of their production and productive potential and a corresponding increase in the economic efficiency of the economic activities of these objects. The circle of legal entities and individuals interested in carrying out such work and persons, to the best of their ability, hindering its implementation is indicated. The priority measures are listed, the implementation of which will contribute to solving pressing problems of strategic and tactical development of enterprises and improving the quality of the business plans they develop. 6 007

• 01.08.11

  This article discusses the basics of construction, the most important tasks, the essence of the procedure and prospects for the development of an audit of the effectiveness of enterprise management, the main goal of which is to identify existing reserves of production capacity, increase the commodity, income and profit productivity of enterprises by external independent and sometimes internal management auditors and, as a consequence of such work, increasing efficiency and economic efficiency, as well as the current market value of business objects. 7 027

• 27.07.11

  The Russian Ministry of Health and Social Development has approved a new Procedure for certification of workplaces. It comes into force on September 1. 2 22 692

• 19.07.11

  From September 1, all companies without exception will conduct workplace certification according to the new Procedure. But it’s better to take preparatory measures now, as they may allow you to save money. The algorithm of actions is as follows. 1 4 947

• 06.07.11

  It has become clear how to clarify personalized reporting on pension contributions... From September 1, workplace certification must be carried out in a new way... Off-balance sheet items in the financial statements must be disclosed only at the end of the year... The company has the right to entrust the receipt of goods to anyone... If the license is refused, the state duty will not be returned... Retail sale of goods from raw materials supplied by customer is not always subject to UTII... Experts from the financial department believe that in the event of transfer to third parties of property received free of charge from the founder, the company must take its value into account in income. This requirement applies to all types of transfer of property to third parties, regardless of the transfer of ownership rights to it. However, in our opinion, there is an exception. 2 608

• 03.12.10

  What usually becomes the reason for an on-site unscheduled inspection of GIT? – Employee complaint. Is it possible to appoint a person responsible for labor protection without prior training? - No. Is it necessary for a personnel officer to study occupational safety and health? – Yes, if he trains the staff. 48 070

• 11.11.10

  Every day, courts make a large number of decisions on tax issues regarding the economic activities of organizations and entrepreneurs. It is quite difficult to track them all, but in order to make the right decision, you need to know the trends in resolving controversial situations. 1 153

• 07.10.10

  Who has the right to therapeutic and preventive nutrition? – Workers with particularly hazardous working conditions, whose positions are indicated in a special list. How to distribute therapeutic and preventive food? – In the dining room, in the form of hot breakfasts or lunches. Is it possible to replace milk distribution with monetary compensation? – Yes, according to the employee. 14 224

• 21.09.10

  Recently, it has become risky to conduct activities without certification of workplaces, since labor inspectors began to pay special attention to it and even through the courts oblige companies to carry it out. You need to start by issuing an order appointing such certification. There are special requirements for it (clause 9 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia dated August 31, 2007 No. 569). 8 16 124

• 06.08.10

  The organization has reduced working hours due to the air temperature exceeding the maximum permissible. How should employees be paid: in proportion to the time worked or should wages be paid based on the average earnings for the entire shift, even if the employee worked part-time? Or some other way? 2 223

• 06.12.07

  Order of the Ministry of Health and Social Development of the Russian Federation dated August 31, 2007 N 569 “On approval of the Procedure for certification of workplaces according to working conditions” (document in rtf format). Registered with the Ministry of Justice of the Russian Federation on November 29, 2007 Registration No. 10577 1 7 383

Having considered the issue, we came to the following conclusion:
The expiration of the certification period for workplaces, the working conditions in which, based on the results of such certification, were recognized as harmful and (or) dangerous, does not in itself relieve the employer from the obligation to provide employees, including newly hired ones, with guarantees and compensation provided for by labor legislation. in connection with employment at work in such conditions.

Rationale for the conclusion:
Until January 1, 2014, the presence of harmful and (or) dangerous working conditions in workplaces was determined based on the results of certification of workplaces. From January 1, 2014, certification of workplaces based on working conditions was replaced by a special assessment of working conditions (Federal Law of December 28, 2013 N 426-FZ “On Special Assessment of Working Conditions”, hereinafter referred to as Law N 426-FZ).
Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions in the workplace are established (Part 2, Article 3 of Law No. 426-FZ). The results of a special assessment of working conditions are used to establish guarantees and compensation for employees provided for by the Labor Code of the Russian Federation (Article 7 of Law No. 426-FZ).
In accordance with part one of Art. 212 of the Labor Code of the Russian Federation, the responsibility for ensuring safe conditions and labor protection rests with the employer. As part of the performance of these duties, the employer must ensure, among other things, a special assessment of working conditions (part two of Article 212 of the Labor Code of the Russian Federation).
Part one of Art. 219 of the Labor Code of the Russian Federation enshrines the right of an employee to receive reliable information about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against the effects of harmful and (or) hazardous production factors. The same norm provides that every employee has the right to guarantees and compensation established in accordance with the Labor Code of the Russian Federation, a collective agreement, an agreement, a local regulatory act, an employment contract, if he is employed in work with harmful and (or) dangerous working conditions.
According to part two of Art. 219 of the Labor Code of the Russian Federation, the size, procedure and conditions for providing guarantees and compensation to employees engaged in work with harmful and (or) dangerous working conditions are established in the manner prescribed by Art. 92, and the Labor Code of the Russian Federation.
Part four of the same article determines that if safe working conditions are provided in the workplace, confirmed by the results of a special assessment of working conditions or the conclusion of a state examination of working conditions, guarantees and compensation for workers are not established.
Thus, labor legislation provides for the provision of guarantees and compensation to employees in connection with their employment in jobs with harmful and (or) dangerous working conditions. Such guarantees and compensation are not established if, based on the results of a special assessment of working conditions at workplaces, the presence of safe working conditions is confirmed.
Article 27 of Law N 426-FZ provides for transitional provisions in connection with the introduction of a special assessment of working conditions as a legal mechanism for determining working conditions in the workplace. According to Part 4 of this article, if before the entry into force of Law N 426-FZ, certification of workplaces for working conditions was carried out in relation to workplaces, a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the day of completion of this certification, except in cases of circumstances specified in Part 1 of Art. 17 of the same federal law. Moreover, for the purposes specified in Art. 7 of Law N 426-FZ, the results of this certification are used, carried out in accordance with the procedure in force before the date of entry into force of this federal law.
In our opinion, within the meaning of this norm, it prescribes a special assessment of working conditions no later than five years from the date of completion of certification of workplaces for working conditions, but does not indicate that after this period the results of such certification cannot be used for purposes defined in Art. 7 of Law N 426-FZ, including for establishing guarantees and compensations for employees provided for by the Labor Code of the Russian Federation (clause 6 of the mentioned article). Note that the previously in force Procedure for certification of workplaces according to working conditions (approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n) also did not contain provisions from which it would follow that the qualification of working conditions in workplaces as harmful or dangerous loses force after five years from the date of completion of the previous certification.
The above regulatory legal acts link the provision of guarantees and compensation to employees due to work in harmful or dangerous conditions, not directly with the validity of the results of certification of workplaces for working conditions, but with the recognition of working conditions in workplaces as harmful and (or) dangerous. As we have already noted, such guarantees and compensation are not provided only if the safety of working conditions in the workplace is confirmed based on the results of a special assessment of working conditions.
As follows from the foregoing, the qualification of working conditions in workplaces as harmful and (or) dangerous equally leads to the need to provide employees with appropriate guarantees and compensation and to the emergence of other responsibilities for the employer provided for by law in connection with the employment of its employees in work with hazardous conditions. and/or hazardous conditions. The expiration of the results of certification of workplaces in which working conditions are recognized as harmful and (or) dangerous cannot lead, for example, to the release of the employer from the obligation to provide workers with the necessary personal protective equipment (part one of Article 221 of the Labor Code of the Russian Federation) or to comply with regulatory restrictions to attract certain categories of workers to perform work with harmful and (or) dangerous working conditions (Article 224, part one of Article 265, part five of Article 282 of the Labor Code of the Russian Federation), if the workers actually work in such workplaces and in relation to these workers places have not confirmed the presence of safe working conditions.
The letter of the Ministry of Labor of Russia dated December 26, 2014 N 15-0/10/B-9074 also states that in order to determine the scope and actual provision of guarantees and compensation to employees for work in harmful and (or) dangerous working conditions, it is necessary to use the current ones available to employers the results of a previously conducted certification of workplaces for working conditions in accordance with the established procedure before the date of completion of the procedure for a special assessment of working conditions, regardless of when the five-year validity period of the cards of the previously conducted certification of workplaces for working conditions expired.
The conclusion that the expiration of the results of certification of workplaces for working conditions does not in itself lead to the cessation of providing employees with guarantees and compensation related to work in harmful and (or) dangerous conditions is also contained in the explanations of Rostrud specialists (see the answer to question 1, answer to question 2, posted on the information portal of Rostrud "Online inspection. RF").
In the decision of the Supreme Court of the Russian Federation dated October 14, 2014 N AKPI14-918 in relation, in particular, to the provisions of Art. 27 of Law N 426-FZ states that a review of the compensation provided to employees engaged in work with harmful and (or) dangerous working conditions is possible only based on the results of a special assessment of working conditions if these conditions improve.
In the case under consideration, as we understood from the question, in relation to workplaces for which the presence of harmful and (or) dangerous working conditions was previously established, the safety of working conditions based on the results of a special assessment of working conditions has not been confirmed. Consequently, until such an assessment is carried out, employees who work in these workplaces, including newly hired ones, must be provided with the guarantees and compensation provided for by labor legislation in connection with work in harmful and (or) dangerous working conditions, despite the expiration validity period of the results of previously conducted workplace certification.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Erin Pavel

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Voronova Elena

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Many already know that workplace certification has changed dramatically. The reason for this was the adoption of a new federal law and amendments to the Labor Code of the Russian Federation. It is worth paying attention to the fact that the name of the procedure itself has changed. Now, instead of certification, a special assessment of working conditions is carried out. The new rules have entered into legal force since January 2014.

Let's take a closer look at the special assessment of working conditions and the main points affected by the changes. In our article you will learn how this assessment is carried out, whether it is mandatory, who conducts it and the sanctions applied to violators. So, let's begin.

Latest changes in the law

The main change was not only a change in the name of the process, but the procedure itself also radically changed. An important point was the significant tightening of penalties for violating the requirements established by law.

As experts note, the introduction of a completely new mechanism is due to the fact that the certification of workplaces, carried out earlier, did not give the desired effect and could not protect workers. The innovation should give an incentive to entrepreneurs to pay due attention to the special assessment, and sanctions are designed to ensure enforced compliance with the established rules.

According to statistics, 35% of all violations are the admission of those employees to workplaces who have not undergone occupational safety training.

Some simply signed up without paying attention to studying the safety rules. Slightly less percentage was gained by the lack of personal or collective protective equipment among workers. The top three “leaders” are closed by failure to conduct certification.

It would not be amiss to remind managers and accounting employees that When submitting reports to the Social Insurance Fund, you will need to indicate the presence of a special assessment. This requirement has been made from January 1, 2015. Based on the assessment results, each workplace is assigned a hazard class. This will determine the amount of insurance contributions made to the Pension Fund. There is a directly proportional relationship - the greater the harmfulness (class), the greater the pension contribution.

If you think that this is nothing, then please note that the absence of a special assessment of working conditions automatically prevents the submission of a quarterly report to the Social Insurance Fund, as well as the calculation of pension contributions. Thus, a “snowball” of violations of the current legislation begins to grow, and, consequently, sanctions for their non-compliance.

What should you do now?

A special assessment is a comprehensive set of measures that are aimed at identifying dangerous, harmful production factors, as well as assessing the level of their impact on employees, taking into account fluctuations in the actual value and the established standard. The main task of a special assessment is to determine whether the conditions of the workplace comply with the requirements established by law, and to identify workplaces in which working conditions are harmful or dangerous. Workers working in such conditions must receive appropriate compensation and additional guarantees.

Special assessment is carried out all employers without exception: both in various types of enterprises and individual entrepreneurs. Workplaces of the following categories are not subject to inspection:

• belonging to workers who are engaged in home work;
• employees working remotely;
• employees of employers - individuals who are not individual entrepreneurs.

Previously, certification was required only at those workplaces in which equipment, hand tools, machines, mechanisms, installations, devices, vehicles, apparatus were used, or where sources of danger were located. Nowadays, inspection applies to any workplace, regardless of the factors and criteria applied in the past. This means that a special assessment of office staff jobs is also necessary. Before the law was passed, the issue of office workspaces was controversial.

To carry out this special assessment, a special organization is involved, whose experts professionally assess working conditions.

The legislator was also concerned about the transition period. An employer who has certified a workplace under the old legislation (before January 1, 2014) is exempt from the obligation to conduct a special assessment until the expiration of the results of this certification. But no more than until December 31, 2018. The results of certification are also used for special assessment tasks - for organizing medical examinations, for informing employees about working conditions, for providing workers with personal protective equipment, calculating compensation, etc.

For companies that have workplaces with dangerous or hazardous working conditions, they must conduct an assessment immediately. The same as with jobs that allow an employee to take an early retirement pension in old age. Other organizations conduct a special assessment until December 31, 2018. The certification of workplaces, which was carried out in 2014, is considered illegal, and its results cannot be used. This is discussed in a specially published Letter from the Ministry of Labor of the Russian Federation.

Detailed information about conducting a special assessment is in the following video:

Who conducts the special assessment and how?

Let's start with who is doing the special assessment. The law places the responsibility to conduct and finance the assessment squarely on the employer. It is he, regardless of whether it is a legal entity or an individual entrepreneur, who organizes the assessment of the employees’ workplace.

Now let's take a closer look at the timing of the special assessment, which is of no small importance. The timing directly depends on the type of assessment - planned or unscheduled. The planned one is carried out at least once every five years. Five years must be counted from the day on which the report on the previous special assessment was approved. At the request of the employer, a special assessment can be carried out even before the previous one expires. This is possible if workplace conditions are improved. The question arises, why carry out a premature assessment, and not wait for the next one? The improvement will result in savings on insurance premiums, employee compensation and personal protective equipment.

The need for an unscheduled assessment arises in the event of a change of office and the introduction of new workplaces. It must be carried out within 6 months from the date of their commissioning.

The law also provides for other cases of unscheduled assessment:

• when the technological process changes;
• replacement of equipment;
• when the composition of the raw materials or materials used changes;
• after an accident at work or the establishment of an occupational disease due to the influence of dangerous or harmful factors;
• at the request of the trade union;
• when changing personal or collective protective equipment, etc.

Moreover, during an unscheduled assessment, only jobs affected by the changes are subject to it. The procedure is similar to the procedure for planned certification and is contained in the order of the Ministry of Labor of the Russian Federation.

A few more words about the special assessment of similar jobs. Very often you can see that several employees work in the same conditions, performing the same functions, which means their jobs are identical. In this case, the assessment is carried out in relation to 20% of workplaces, but not less than two.

Similar means that the places are located in the same type of premises, their ventilation, air conditioning, heating and light systems are the same. It is also important that the equipment, materials and raw materials used by employees in similar places must be of the same type, and personal protective equipment must be the same.

To start the special assessment an appropriate commission is created and an organization specializing in its implementation is attracted. Usually a civil law contract is concluded with such an organization. The head of the commission is the employer himself or his representative. It necessarily includes trade unionists, if there are any at the enterprise, and a labor protection specialist serving this organization.

Then experts begin to study workplaces and identify those that are exposed to dangerous or harmful factors. Those places where such factors are absent are included in the declaration, which is subsequently submitted to the labor inspectorate. Where these factors exist, they must be carefully measured. Each location is assigned a working conditions class.

The last stage is the commission’s report, which contains the following data:

• list of workplaces indicating dangerous and harmful factors;
• protocols of all measurements and tests;
• expert opinions;
• and etc.

The employer familiarizes its employees with the report against signature. The review period is one month. If there is a website, information from the report is published on it.

Possible fines and other sanctions

As with any other offense, failure by an employer to fulfill its obligation to conduct a special assessment of working conditions is subject to administrative liability in the form of a fine or suspension of activities:

• The amount of an administrative fine for an individual entrepreneur will be from five to ten thousand rubles or the suspension of his activities for up to 90 days.
• Legal entities that committed violations will pay much more - from sixty to eighty thousand rubles. Suspension of activities is also relevant for them; the duration is similar.

For comparison, here are the previous amounts of sanctions:

• individual entrepreneurs paid from one to five thousand rubles;
• For legal entities, the violation cost a pretty penny - from thirty to fifty thousand rubles.

The body that holds employers accountable for this category of offenses is Rostrud.

Repeated violation threatens individual entrepreneurs with a fine of thirty to forty thousand rubles, and legal entities - from one hundred to two hundred thousand rubles.

So it’s worth thinking about what is better - to take care of the correct assessment of the workplace or pay a fine, or even lose profit that will not be received due to the suspension of the company or individual entrepreneur.

An accident at an enterprise in the absence of a special assessment is direct evidence of the employer’s guilt for the court. In this case, this act is no longer subject to administrative sanctions, but to criminal ones. The punishment is: a fine of up to 400,000 rubles, correctional labor for 2 years, forced labor for up to a year, or imprisonment for up to a year.