Conducting a special assessment of working conditions is the most important principle for the functioning of any enterprise. This article will talk about the procedure for conducting control and evaluation work at industrial facilities.
Special assessment of working conditions: what is it?
Assessment of working conditions refers to a set of special measures aimed at the qualitative identification of dangerous and harmful factors of production and the labor process. As a result of the audit, it may turn out that the working conditions available at the production facility do not comply with the standards established by the government. In this case, representatives of the audited organization will have to implement a certain number of measures aimed at eliminating harmful production factors.
Based on the audit results, enterprises are assigned special classes or subclasses, thanks to which it is possible to determine the degree of non-compliance of working conditions with established standards.
Legal basis
The presented process should be regulated by law. The most important normative act, which would be worth highlighting here, is 426- "On a special assessment of working conditions." The subject of regulation of this bill is the relationship that arises between the representatives of the audited organization and directly the experts themselves engaged in control and evaluation activities. The presented federal law defines the organizational basis of the rights, responsibilities and obligations of participants in the assessment.
It is worth noting that the Federal Law No. 426 "On the special assessment of working conditions" is far from the only normative act that enshrines the conditions and principles of the functioning of valuation work in a particular enterprise. There is also the Russian Labor Code, as well as certain regulatory acts at the local level.
Separately, it is necessary to highlight an important norm, enshrined in article No. 2 of the Federal law "On a special assessment of working conditions." The principle of priority of international law over national law is indicated here. The normative act under consideration, therefore, must also comply with international standards.
On the powers and responsibilities of employers and workers
The bill under consideration sets out the rules of conduct for employers and workers in cases where their organization is subject to appraisal. Here are the rights employers have:
- the ability to conduct unscheduled procedures for assessing working conditions;
- the right to demand from the authority that carries out the verification the justification of the assessment results;
- the right to demand documents confirming the status of the control and evaluation organization;
- opportunity to appeal the results of the audit.
What responsibilities does the employer have? The law states that it is necessary to warn employees about the assessment of working conditions, as well as about the implementation of measures aimed at improving existing conditions.
The employee himself also has certain rights. It is worth highlighting the opportunity to be present during inspections, the right to appeal to the employer or the expert conducting the assessment, as well as the opportunity to appeal the results of control and evaluation activities. The employee has, among other things, one very important duty. It is about the need to get acquainted with the results of the assessment of labor conditions.
On the powers and responsibilities of appraisal organizations
What rights and obligations are vested with the authority performing a special assessment of working conditions? The answer to this question is provided by article 6 of the normative act in question. So, the organization has the right:
- to refuse to carry out their professional activities, if during their implementation there is a threat to life and health;
- to appeal the orders of executive authorities authorized in the field of state supervision.
And what responsibilities does the organization have? It is worth noting here:
- providing, at the request of the employer, the results of the appraisal work;
- high-quality use of special measuring instruments;
- providing the employer with a refusal to conduct an inspection if the latter has not transferred all the necessary documentation.
And yet, what is it - a special assessment of working conditions? It is easy to guess that this is the aggregate of a large number of duties both of some participants in the legal relationship under consideration, and of others.
On preparations for a special assessment of working conditions
Evaluation of working conditions is, in fact, a very complex and very lengthy process. That is why a large amount of time and energy can be spent on its preparation. But how to plan everything in such a way that the control and evaluation work went quickly and efficiently? The answer to this question is provided by Article 9 No. 426-FZ "On a Special Assessment of Working Conditions".
The employer must form a commission. The schedule of her work, the cost of the work - all these and many other points are fixed in the contract. The commission is led either by the employer himself or by his representative. A list of jobs to be checked and evaluated. As soon as such a list is ready, it will be possible to get started.
About conducting a special assessment
What else can be said about the special assessment of working conditions? What is it and how does this process work? Article 8 of the normative act in question states that all responsibilities for financing and organizing the assessment are assigned to the employer. The whole process must strictly comply with the norms established in the laws and at least once every five years. Why is there a corresponding order to conduct a special assessment of working conditions (see the sample below in the photo).
As already mentioned, the main purpose of the process under consideration is the identification of dangerous and harmful factors of a production nature. In achieving this goal, it is important to consider:
- results of previous inspections;
- quality of equipment in production;
- proposals, complaints and wishes of the employees of the organization in respect of which control and evaluation activities are carried out;
- incidence of injuries in the auditee;
The Federal Law "On the special assessment of working conditions" states that a special document with the results of the assessment should be drawn up based on the results of the audit. What should be done with this document?
On the application of assessment results
Article 7 of the normative act under consideration states that the results of a special assessment of working conditions should be applied to the following types of activities:
- exercise of control functions over the state of working conditions;
- informing workers about possible risks;
- planning and high-quality implementation of measures aimed at improving working conditions;
- calculation of additional insurance rates;
- production of statistics;
- the involvement of medical workers to solve problems in patients with working conditions;
- analysis and resolution of disagreements related to the safety of working conditions, etc.
The assessment of working conditions may also result in a special classification. This is what will be discussed later.
On the classification of working conditions
Article 14 of the Federal Law "On the special assessment of working conditions" enshrines the main types of classes and subclasses that may be assigned to enterprises based on the results of control and evaluation work. There are four classes in total.
The fourth class includes working conditions with a very high level of danger. A feature of this group is the presence of factors that can threaten the life of the employee.
The third class is assigned to enterprises in which harmful working conditions can threaten the body and, accordingly, the health of the employee. There are 4 degrees, they are also subclasses of the third class. The first degree concerns enterprises with working people who cannot recover after a shift for more than a day. The second degree is awarded to organizations if people working there have mild occupational diseases. The third and fourth degrees relate, respectively, to occupational diseases that are hazardous to working capacity.
The second class is the most common among industrial enterprises. It characterizes working conditions under which a person can recover in less than a day. The first class is assigned to enterprises with a complete absence of harmful working conditions, or with an insignificant number of them.
State Information Assessment System
A special assessment of the organization’s working conditions does not go unchecked. According to article 18 of the normative act under consideration, there is a special system of information accounting of information about participants in control and evaluation activities.
So, in relation to the employer and his organization, the following information should be indicated in the system:
- name of person;
- location, TIN, state number. registration, a code according to the classifier of types of economic activity;
- number of workplaces;
- distribution of classes and subclasses of working conditions;
- information on changes in the special assessment of labor conditions if repeated control measures were carried out.
Information about the workplace should also be indicated. So, in the infobase data is stored:
- the number of working people;
- about the distribution of classes;
- about the code of employees and their TIN;
- on the grounds for the formation of the rights of workers, etc.
The operator of the information system is the Russian government.
Who does the assessment?
Organizations that have a special certificate for conducting valuation activities of an enterprise must be entered in the state register of relevant authorities, and information about them must be transferred to the information system, which was described above.
No matter how hard it is to guess, the appraisal functions are carried out by specially authorized experts. These are individuals who have passed certification and have a certificate for the right to perform work. The requirements for experts are quite simple:
- higher education;
- practical experience.
All experts are independent. I must say, this is the most important principle of all control and evaluation activities. It is about him that will be described later.
On the principle of independence
What is a special assessment of working conditions? This is, first of all, an independent and very complex process, which only the state can control. What is the independence of the control and evaluation authorities? The law states that the procedures for assessing working conditions cannot be carried out by the following persons and bodies:
- executive officials;
- founders and employers of the organization being audited;
- experts who are close relatives of the founders and employers of the organization being audited.
It is easy to guess that the principle of independence is formed by law to prevent possible corruption crimes.
As you know, any manifestations of corruption, especially during the implementation of such important processes, can lead to a deterioration in working conditions. The deterioration of working conditions is highly likely to result in human casualties.
On state control and examination of appraisal work
The federal executive authority must monitor compliance with the requirements of the bill in question. Special labor inspections created by state authorities should periodically check organizations that carry out appraisal work.
Separately, it is worth highlighting the conduct of a special examination, which is carried out by executive authorities. Control and appraisal organizations that do not meet the requirements of expertise may lose their special license to work.