Which bodies carry out state examination of working conditions? How the state examination of working conditions is carried out: goals

• full name of the enterprise;
• FULL NAME. and the applicant's address;

Since the beginning of 2014, the workplace certification procedure has been replaced by a special assessment of working conditions. Its quality and correctness of implementation are controlled by state supervisory authorities, which assess compliance with all requirements and the correctness of its implementation. Thus, to check the quality of the special assessment and compliance with the rights of working personnel, a state examination of working conditions is provided. Information about it is contained in article 216.1 Labor Code RF.

Why is state examination carried out?

Responsibility for the timely conduct of special assessments and organization safe work employees is entrusted to the head of the organization. He is obliged to promptly initiate such an assessment and make adjustments to the list of workplaces where employees are exposed to harmful and/or dangerous conditions.

The main goals of the state examination of working conditions are established by law:

It is clear that the state examination of working conditions is carried out by the federal supervisory authority, which has the authority to monitor compliance with the provisions labor law. This inspection is carried out by representatives of Rostrud. Including territorial labor inspectorates - GIT.

How is the state examination carried out?

According to the established rules, an examination of the quality of a special assessment of working conditions is organized at the initiative of the employer, employees, trade unions; it can also be requested by representatives of insurance organizations and various government agencies. If facts of violation of the law are revealed, the inspection is carried out on the basis of a court order; it must confirm non-compliance with safety rules at work or the lack of compensation for harmful and dangerous factors.

Regardless of the initiator, the examination of working conditions consists of a number of mandatory stages:

IN general case The entire procedure takes no more than 30 days. And in special situations, its period may be increased. The final period of the state examination is no more than 60 days.

Submitting an application for an examination

To begin the state examination procedure, the applicant must contact the authorized organization with an application that contains all the required information. Including the following:

• full name of the enterprise;
• FULL NAME. and the applicant's address;
• information about workplaces at the site;
• data on previous inspections.

A package of other documents may also be attached to the application. They are collected depending on the purpose of the inspection.

If the inspection is initiated at the request of the court or labor inspection, the application must be registered with the authorized body. From the moment the application is registered, the countdown begins for the time to receive a response and to carry out the procedure itself.

If the inspection is carried out to analyze the quality of the special assessment, then a receipt for payment for the state examination is attached to the application.

Drawing up a conclusion after the inspection

Based on the results of the inspection, a draft conclusion is prepared. It prescribes the conclusions of the examination. And they depend on the goals set.

If the inspection reveals violations, they are recorded in as much detail as possible. At the same time they indicate regulations, the provisions of which were violated.

The project must be approved by an expert commission. After which it is sent to the applicant within 3 days.

The results of the examination under consideration, if necessary, can be appealed to Rostrud or in court.

Remember that the state examination of working conditions and its functions are aimed at verifying compliance with the law and preventing violations of workers’ rights. It allows you to identify and confirm facts of violations, as well as prevent accidents and occupational diseases.

State examination of working conditions is prescribed in Article 21 of the Fundamentals and Article 216^ of the Labor Code of the Russian Federation.

State examination of working conditions is carried out by the federal executive body authorized to conduct state supervision and control over compliance labor legislation and executive authorities of the subjects Russian Federation.

State examination of working conditions is carried out in the manner determined by the Government of the Russian Federation.

State examination of working conditions is carried out in order to assess:

Quality of certification of workplaces based on working conditions;

The correctness of providing compensation to employees for hard work, work with harmful and (or) dangerous working conditions;

Compliance with construction projects, reconstruction, technical re-equipment of production facilities, production and implementation new technology state regulatory requirements for labor protection.

State examination of working conditions is carried out on the basis of determinations by judicial authorities, appeals from executive authorities, employers, employees, and trade union bodies.

15. Specially authorized supervisory and control bodies

. State supervision for safe work in industry is prescribed in Article 366 of the Labor Code of the Russian Federation.

State supervision over compliance with the rules for the safe conduct of work in certain industries and at some facilities is carried out by the federal executive body exercising control and supervision functions in the field of industrial safety. State supervision has the right to monitor compliance with state regulatory requirements for labor protection at the sites of the coal, mining, mining and chemical, oil and gas production, chemical, metallurgical and oil and gas refining industries. And also during the installation and operation of lifting structures, boiler plants and pressure vessels, pipelines for steam and hot water, and during blasting operations in industry.

State energy supervision.

(The regulation on state energy supervision in the Russian Federation was approved by Decree of the Government of the Russian Federation of August 12, 1998 No. 938 and Article 367 of the Labor Code of the Russian Federation).

The main task of Gosenergonadzor in the Russian Federation is to monitor the technical condition and safe maintenance of electrical and heat-using installations of consumers of electrical and thermal energy at enterprises, organizations and institutions, regardless of their departmental affiliation and forms of ownership.

State sanitary and epidemiological supervision(Article 368 of the Labor Code of the Russian Federation) is carried out by the Department of Sanitary and Epidemiological Surveillance of the Ministry of Health of the Russian Federation. Its functions include supervision of employers’ compliance with sanitary-hygienic and sanitary-anti-epidemiological norms and rules, as well as supervision and control in the field of sanitary and epidemiological welfare of the population.

State supervision of nuclear and radiation safety(The Regulations on the Federal Supervision of Russia for Nuclear and Radiation Safety were approved by Decree of the President of the Russian Federation on June 5, 1992 No. 283-rp and Article 369 of the Labor Code of the Russian Federation).

Gosatomnadzor carries out control and supervision functions in the field of safety in the use of atomic energy. Persons supervising nuclear and radiation safety are obliged to bring to the attention of workers and employers information about violations of nuclear and radiation safety standards at the facilities being inspected.

Inspections of an enterprise can be carried out in various areas. One of them is the state examination of working conditions. The result of appropriate measures may be holding the company liable. The drawing up of protocols is often accompanied by the issuance of instructions that must be followed.

Let's figure out who carries out the examination of working conditions and how to prepare for it.

Objectives of the examination

The concept of state labor examination is given in Art. 211 Labor Code of the Russian Federation. It means a set of control measures during which compliance with current standards in the field of labor protection is established.

The reason for the checks is not purely formal. Main goals include:

• quality of action detection harmful factors at workplaces with previously carried out (it is carried out on the initiative of the enterprise with the involvement of a specialized organization);
• control over the benefits and compensation provided to employees entitled to them (including for checking a citizen who will be awarded an early or increased pension in the future);
• determining compliance with current standards for refurbishment, reconstruction or construction projects of enterprises;
• establishing the actual working conditions of employees.

Regulations for holding events

The basic rules for conducting an examination are established in Art. 216.1 Labor Code of the Russian Federation. They are specified by Order of the Ministry of Labor N 549n, adopted on August 12, 2014.

Activities can be carried out by several structures:

• the labor inspectorate, which is a federal regulatory body (read more about the powers of the labor inspectorate);
• state industrial supervision when inspecting enterprises extracting energy resources, as well as those related to the chemical and metallurgical industries (Article 366 of the Labor Code of the Russian Federation);
• Gosenergonadzor, in terms of control over relevant facilities;
• Gosatomnadzor (it controls enterprises handling nuclear materials);
• Sanitary and Epidemiological Supervision, within its competence;
• regional department in charge of labor protection issues (their names differ in different constituent entities of the Russian Federation).

The examination is carried out within a limited time frame. Installs them executive, who decided to carry out appropriate activities. In this case, a restriction is established: the inspection cannot be carried out more than 30 working days from the date of receipt of the request for its conduct. According to paragraph 18 of the order, the examination period can be extended if it is necessary to obtain a number of documents or conduct additional research. The duration of events can be extended by no more than 60 working days by decision of the head of the agency conducting them.

Initiation of state examination by the employer

It is important to know

If, based on the results of the state examination of working conditions, violations of the procedure for conducting a special assessment of working conditions were identified, then the employer has the right to judicial procedure demand reimbursement of costs from the expert company that conducted the special assessment.

In some cases, the enterprise itself may become the initiator of control measures. This has several practical purposes:

1. Examination of workplaces will reduce the costs of providing various benefits and compensation to employees (additional payments, additional leave and other). This will help achieve greater economic efficiency for the company.
2. If the employer has doubts regarding the correctness of the conclusions during the conduct and, then he can avoid administrative responsibility. The company that initiated the inspection will not be considered a violator.

Other grounds for conducting an examination

Control measures can be carried out for a number of other reasons:

1. Inconsistency of working conditions with the requirements imposed by law (you can learn about the classification of working conditions established by the legislator from the article). The inspection can be initiated by executive bodies (for example, Rospotrebnadzor, which established violations), employees of the enterprise and professional associations.
2. Doubts about the correctness of the application of additional tariffs when studying materials based on the results of an independent examination of working conditions. The initiator in this case is the Social Insurance Fund or another insurer.
3. Violation by the administration of the procedure for calculating and providing guarantees and compensation in connection with working conditions (clause 2 of the order) at a specific workplace. Most often, the employee himself initiates the measures, but this can be done by a trade union or labor inspectorate.

Submission of documents for verification

The procedure for conducting state examination establishes the obligation of the enterprise to provide experts with a number of documents. These include:

• agreements between the administration and employees, as well as job descriptions;
• list of all positions related to heavy labor conditions or exposure to harmful factors;
• documents on medical examinations;
• confirmation of the availability of protective equipment and their recording on personal cards of personnel;
• logs with evidence of briefings;
• a diagram of the placement of workers during production;
• confirmation of qualifications, training and permission of employees to work (information about employees passing industrial safety certification -);
• orders or other acts on the appointment of persons responsible for conducting briefings.

It is worth noting: within 7 days after the management of the enterprise provides documents for conducting a state examination of working conditions, the executive body considers the issue of conducting a state technical assessment. If the documentation is insufficient or does not meet the established requirements, the customer is informed. If the deficiencies are not eliminated, the executive authority returns all materials and notifies the customer that it is impossible to conduct an examination. Insufficient documentary information about the object of assessment is the only reason why a state examination may be refused.

Expenses for the examination

The cost of the examination includes the fee for the event itself and the cost of research into the effects of harmful factors. According to methodological recommendations dated October 9, 2014 (approved by Order of the Ministry of Labor N 682n), the price is set by the responsible regional departments.

By general rule, the costs of carrying out control measures are borne by the enterprise itself. The only exceptions are some cases when the examination is initiated by other entities:

1. If one or another department insists on carrying out quality control of working conditions.
2. When checking the correctness of the calculation of compensation and benefits is carried out on the basis of an application from the Social Insurance Fund or another insurer (clause 6 of the order).
3. If the examination concerns the determination of actual working conditions at the enterprise and is initiated by a government department (clause 7 of the order).

To learn about the state examination of working conditions, watch this video.

Registration of examination results and its consequences

The results of the event are presented in the form of a conclusion. It will contain conclusions about the validity or inconsistency of the guarantees and compensation provided to employees, the quality of the independent labor assessment, as well as the compliance of workplaces with current requirements. Orders to eliminate violations may also be issued.

A positive consequence for the company could be a revision of the guarantees provided to employees in the form of:

• decrease;
• complete cancellation.

This will reduce labor protection costs in the long term. The employer will have to conduct a second special assessment. If the state examination recognizes the complete safety of the workplace, then new studies will not be required.

Reduction or cancellation of guarantees and compensation must be reflected in the texts employment contracts. This is done by mutual agreement of the parties, or due to changes in working conditions (organizational or technological) under Art. 74 Labor Code of the Russian Federation.

Additionally

If the applicant expresses disagreement with the conclusion made by the state examination, he has the right to contact the Russian Ministry of Labor to consider the disagreement. Order of the Ministry of Labor of the Russian Federation dated September 22, 2014 No. 652n established the procedure for consideration, as well as the package of documents required for this procedure.

List of possible negative consequences much broader:

• The most serious risk is the liquidation of the enterprise. The inspector may submit such a requirement to the court if violations related to labor protection are discovered.
• Any violation may be grounds for administrative fine. According to Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, a company can pay 80 thousand rubles. More about labor inspection fines in 2019 for legal entities can be read at the link.
• The employer may be forced to provide additional guarantees and compensation to employees. This concerns not only the provision additional payments, furloughs and reductions in working hours in the future. Employees will receive grounds to go to court and recover moral damages and compensation under Art. 236 Labor Code of the Russian Federation.
• The establishment of poor-quality results of the special assessment will force the enterprise to conduct it again within six months from the date of delivery of the order.

To minimize these risks, a preliminary assessment of the prospects for conducting the examination is necessary.

A lawyer will advise you on the issues of conducting a state examination of working conditions in the comments to the article

The need and importance of conducting a special assessment of working conditions in an organization is no longer a secret to anyone. However, we should not forget about the quality of the special assessment. The state examination of working conditions (Article 216.1 of the Labor Code of the Russian Federation) will help ensure the proper quality and objectivity of the results of a special assessment of working conditions in an organization.

What is an examination of the quality of working conditions?

The procedure for conducting a state examination of working conditions has been approved. The main idea of ​​examining the quality of working conditions is a consistent analysis of the results of the special assessment. The state expert is obliged to ensure that the special assessment was carried out in accordance with the requirements Federal Law No. 426-FZ dated December 28, 2013 “On the special assessment of working conditions” and with the requirements of the “Methodology for conducting a special assessment of working conditions”, approved by the Order of the Ministry of Labor and social protection RF dated January 24, 2014 N 33n.

The main objects of analysis are:

1. correct identification of harmful and (or) dangerous factors production environment and the labor process. In this case, the state expert must make sure that the identified factors of the working environment comply with the Classification of harmful and (or) dangerous production factors(Appendix No. 2 of the Order of the Ministry of Labor and Social Protection of the Russian Federation dated January 24, 2014 N 33n), and also that the identification results are properly documented.
2. the correctness of the studies (tests) and measurements of the identified factors. All measuring instruments, research methods and measurement techniques with the help of which studies (tests) and measurements of identified factors were carried out, as well as the contents of the completed measurement protocols, are subject to verification.
3. correct definition of the class (subclass) of working conditions. The expert must make sure that the class (subclass) of working conditions is established taking into account the complex impact of harmful and (or) dangerous factors and the labor process in accordance with the Methodology. He also takes into account the assessment of the effectiveness of personal protective equipment, in accordance with Order of the Ministry of Labor of Russia dated December 5, 2014 No. 976n “On approval of the methodology for reducing the class (subclass) of working conditions when used by workers employed in workplaces with harmful conditions labor, effective means personal protection products that have undergone mandatory certification in the manner established by the relevant technical regulations.”

Who initiates the examination of working conditions?

In case of disagreement, employees, trade unions, other representative bodies authorized by employees or the employer, insurers may submit an application for a state examination of working conditions to the executive authorities of the constituent entities of the Russian Federation in the field of labor protection. It should be noted that this examination is paid and is carried out at the expense of the applicant.

Also, a state examination of working conditions can be carried out at the initiative of executive authorities, territorial bodies of Rostrud, and judicial authorities. In this case, the examination will be carried out free of charge.

Results of the state examination of working conditions

Based on the results of the state examination of working conditions, a state examination conclusion is drawn up:

The conclusion is issued to the applicant no later than three working days from the date of its approval. Copies of the conclusion are sent to the employer (if the employer was not the applicant) and the organization that conducted the special assessment of working conditions.

Disagreement with the results of the state examination of working conditions

It is worth noting that there is a possibility that the applicant will disagree with the results of the state examination. In this case, the applicant has the right to submit an application to the Ministry of Labor and Social Protection of the Russian Federation to consider disagreements on the issues of conducting an examination of the quality of a special assessment of working conditions. If the application satisfies everyone necessary requirements, then a conclusion is drawn up on the consideration of disagreements and a re-examination of the quality of the special assessment is scheduled, in this case on a free basis. The procedure for considering disagreements on the issues of conducting an examination of the quality of a special assessment of working conditions has been approved

In conclusion of this topic, I would like to draw the attention of all employers who are preparing to conduct a special assessment in their organization to the fact that in order to avoid a poorly conducted special assessment at their enterprise, it is necessary to take a very responsible approach to choosing the organization conducting the special assessment. These organizations must be included in the Register of accredited organizations providing services in the field of labor protection, and also comply with all the requirements of Federal Law No. 426-FZ of December 28, 2013.

Due to the main objective modern labor protection in the Russian Federation is the life and health of each individual worker - the state closely monitors that each employer provides the necessary level of workplace safety. And the state examination of working conditions is an assessment of how attentive the head of the enterprise is to the conditions that are set by law in regulations.

What is state examination of working conditions?

In its general sense, state examination of working conditions is a procedure during which the government makes sure that the employer takes seriously the standards established in legal acts. Or he is not convinced, and then the head of the enterprise will be punished.

State examination of working conditions is carried out only by responsible employees of the relevant federal executive authorities. They are authorized to carry out similar procedures to supervise employers' compliance with government regulations. And the examination of working conditions can be carried out only in the order established by the Government of the Russian Federation. This is stated in Art. 216.1 Labor Code of the Russian Federation.

State examination of working conditions is carried out in order to establish:

• The quality with which it was carried out special assessment working conditions;
• Has the employer correctly calculated and provided employees with guarantees and special compensation if they work in a harmful or dangerous place of work;
• Actual working conditions for employees at the enterprise;

State examination of working conditions is carried out during the design of a new enterprise, its construction, and restoration of production. But also, based on Part 3 of Art. 216.1 of the Labor Code of the Russian Federation, the legal basis for conducting a state examination of working conditions in a company is a special appeal from representatives of the executive branch, if there is a decree issued on this judicial authorities, if there is an appeal from a certain association of employers. Also, a state examination of working conditions may begin due to an appeal from company employees or trade unions.

A representative of federal executive bodies also has certain rights and powers. Their list includes:

• Unobstructed access to any production premises. But this is only possible if the employee responsible for the examination has the appropriate certificate. And at the same time, the entire procedure must take place in the order established in the legislative acts of the Russian Federation.
• Freely request any documents that relate to labor activity enterprises in general and workers individually. Also, the entrepreneur does not have the right to charge the responsible person any money for providing the relevant documentation.
• Freely carry out any research, measurements, measurements and other procedures necessary for the state examination of working conditions.

A responsible employee of federal executive bodies has the right to involve research and measurement centers and laboratories in research work. But any such organization that agrees to cooperate in such a matter must have official accreditation. She must receive it in the order established in the legislation of the Russian Federation.

But, in addition to rights, the employee conducting the examination also has corresponding obligations.

The procedure for conducting state examination of working conditions

The procedure for conducting state examination of working conditions is stipulated and regulated by Order of the Ministry of Labor of the Russian Federation dated August 12, 2014 No. 549.

It is worth noting that if an inspection of working conditions at an enterprise is carried out in connection with the application of one employee, then the responsible specialist must not subject the entire enterprise to examination. It only checks one thing workplace– the employee from whom the corresponding application was received.

One responsible specialist cannot conduct a state labor examination at every enterprise. He cannot conduct inspections in those organizations where his activities may entail a certain conflict of interest. Or even simply create the threat of one. This is due to the responsibilities of the said specialist, namely, the fact that the employee conducting the inspection must ensure complete objectivity and impartiality.

In order for the state examination of working conditions to begin, it is necessary that a corresponding application be received by the federal executive body. After this, the procedure for conducting a federal audit begins.

First, the executive body requests from the employer Required documents. This list will include all papers relating to working conditions at the enterprise, information about workplaces that will undergo examination and materials about the technical production process. Once the employer receives a request for this documentation from executive body, he is obliged to provide everything that is needed within ten days. If this is not possible, then the entrepreneur must write a written statement about this, which will indicate the reasons that prevented the sending of information.

The executive bodies of federal control, as well as their structural divisions, have the right to request documents not only from the employer. If the examination requires this, then they can request documentation from local governments, other executive organizations, and subordinate structures.

After all documents have been received, the territorial division of the executive body begins to select a specialist. This can be either one person or a separate expert commission formed. Whether it will be formed depends on the size of the enterprise that is being examined. If one specialist can carry out an inspection of one workplace, then in a large enterprise it will be necessary to process too much documentation, and if this is done by one expert, then such an event may be delayed.

After the expert has been appointed and the commission has been formed, the direct examination procedure begins. In order for its results to be legitimate, the verification must go through the following stages:

• First, experts must consider and weigh the grounds that led to the initiation of the state examination. They assess whether the available facts are sufficient to carry out this procedure, analyze the information received from the employer and come to a conclusion about how complete this information is.
• Conducting a direct examination of the enterprise and working conditions there. This includes both inspection of workplaces, and carrying out measurements, research, and collecting all the necessary information. During this process, experts can involve third-party organizations, scientific and measurement laboratories in the work.
• If such a need arises, the expert commission can expand the measurement area, carry out additional research and analyses. This is possible if experts consider that the information collected is not enough to write a final decision.
• After all measurements have been carried out and there is enough information, the experts are engaged in summing up the results and drawing up a final decision based on the results of the examination.

Also, the state examination of working conditions has certain deadlines. The entire audit, starting from the moment the application was registered with the federal executive body and ending with registration and summing up, must be completed within seven working days.

During the examination, the commission checks the following factors affecting working conditions:

• General technical condition the building in which the enterprise is located. And, besides this, all equipment that in any way relates to the work process is tested - this can be either ventilation devices or direct working devices.
• Raw materials and materials used during production are also tested. In addition, experts will check the condition of those individual and collective protective equipment that the enterprise has.
• What is the condition of the treatment and medical premises, sanitary and household rooms?
• Work and rest schedules established at the enterprise.
• Other factors that may harm or pose any danger to the health and life of employees.

Features of the state examination of working conditions

After a state inspection of working conditions at an enterprise has begun, experts from the commission have the right to visit workplaces. But before that, they are obliged to agree with the employer about where and at what time they will carry out the examination and inspection. This is necessary in order not to disrupt the workflow of the entire enterprise.

After the state examination is over, the commission begins to summarize and finalize the results. Each of their conclusions must be substantiated, provided with commentary and reason.

All decisions that will be included in the final draft and conclusions must be confirmed by voting. For each issue considered by the commission, the decision is analyzed by each expert and approved by an overwhelming majority.

The conclusions and design decisions drawn up by the commission must be approved and signed in duplicate. The signatures of both the experts who conducted the inspection and the employer are recorded on the papers. But an entrepreneur whose organization has been audited may not agree with the conclusions made by the commission. If agreement is not reached between him and the experts, then the employer has the right to form his own opinion, put it in writing and attach it to the project.

The employer's opinion will be considered in structural unit executive body that conducted the inspection, and if the facts stated there are confirmed, then the final decision of the expert commission will be changed in favor of the manager.

If a commission member has special opinion, which does not fit into the conclusions drawn up, then he has the right to express it at a special meeting. It is carried out under the leadership of the chairman of the expert commission and if the opinion of the speaker receives the support of the majority, then it must be included in the final draft.