In accordance with the legislation of the Russian Federation, Russian employers have an obligation to carry out special evaluations of jobs. What are the features of this procedure? In what terms is it carried out and what stages can it consist of?
Special assessment or certification?
Before studying what a special assessment of working conditions is, let us consider how this term differs from the concept of “certification”. The fact is that they are often regarded as synonyms. How legitimate is this?
In fact, a special assessment of working conditions is a procedure that was introduced by the legislation of the Russian Federation instead of the previous certification. What does it mean? The special appraisal is largely a former certification. From the point of view of the basic procedures, they are really very similar, but close in purpose.
Certification existed until 2014. After it was replaced by a special assessment. However, until 2014, the concept of special assessment was also present in the legislation of the Russian Federation. It corresponded to the procedure for assessing working conditions, which was to be carried out in order to exempt the organization from additional transfers to the FIU.
In 2014, the rules of law governing the certification and assessment of labor were actually combined and enshrined in a separate regulatory act. As a result, the term “special assessment of working conditions” is now used in the legal field of the Russian Federation, which largely combines the features of previously validated certification.
In this sense, in a number of contexts, the concepts in question can be considered as synonymous, but not completely identical. Among the legal aspects that bring them closer together is the provision of the law, according to which a company that has carried out certification before the entry into force of special valuation laws may not conduct a new procedure within 5 years from the moment the first one was implemented.
Consider the essence of the special assessment in the modern sense.
What is a special assessment of working conditions?
A special assessment of working conditions in modern regulatory acts refers to a set of measures by which production factors are identified that are classified as harmful or dangerous in terms of the impact on the body of an employee of the enterprise.
A special assessment of working conditions should be carried out on all types of workplaces - including those equipped with familiar computers and devices. It can be noted that earlier, when the certification was carried out, such positions were not subject to analysis for the presence of dangerous or harmful factors.
According to the results of the special assessment, the workplace receives a particular hazard or hazard class - in accordance with the criteria fixed at the level of federal standards. Depending on the corresponding indicator, the amount of the employer's additional contributions to the FIU is determined.
If the special assessment of working conditions has not revealed harmful or dangerous factors, then the employing company must notify the regulatory body - Rostrud. It can be noted that earlier, when certification was valid, such a declaration was not required to be sent to government departments.
The employer company is obliged to carry out a special assessment of working conditions in relation to all available jobs, except those that are classified as remote - that is, those located at home with employees working remotely. In addition, it is not necessary to carry out this procedure to individuals who are employers, but are not individual entrepreneurs.
Special Valuation Entities
The law on the special assessment of working conditions determines the list of its subjects as part of:
- the head of the employing company;
- commission for the implementation of special pricing;
- a partner organization that implements the basic procedures as part of the assessment of working conditions in the company that is the employer.
The greatest degree of responsibility for the quality of the special assessment based on the provisions of regulatory legal acts is assigned to the commission, which is formed by the employing company, as well as to representatives of the partner organization that carries out the main actions in the framework of the procedure under consideration.
Special stages
The legislation also defines a number of stages within the framework of a special assessment of working conditions:
- preparatory, in which the company enters into a contract with the organization performing the main work on the study of working conditions,
- identification, involving the performance by an external contractor with the appropriate status of their actions, which are the assessment and classification of working conditions at specific working positions,
- reporting, involving the formation of special documents based on the results of a special assessment of working conditions.
Let us consider in more detail how the procedure under consideration is carried out. Among its most important stages in the preparation is the establishment of legal relations with a company that is a provider of services to identify harmful and dangerous factors in the workplace.
Preparation for special assessment: contract with a specialized company
A special appraisal of working conditions implies, therefore, an appeal by the employing organization to a competent organization for help. It is necessary to conclude a contract with her. How much can a special assessment of working conditions cost in this case? The cost of the contract is determined on a contractual basis based on:
- the total number of jobs in the company;
- the number of categories of jobs in the company - if they are of the same type, then their assessment will cost less than a similar number of different types of positions.
For companies providing special pricing services for employers, the legislator establishes special requirements. So, the fact that the company identifies harmful working conditions, as well as various hazardous factors of production, should be reflected in the list of its main activities, which is recorded in state registers. The staff of this organization must employ at least 5 competent specialists. At the same time, one of them, or better - if more, has a diploma in education in such specialties as a hygiene doctor or sanitary-hygienic research. In addition, an organization that conducts a special assessment for employers should have at its disposal a laboratory in which harmful working conditions will be investigated at customers ' workplaces .
After the employing company has established legal relations with a competent company prepared to conduct a special assessment, a special order is issued - on the formation of a commission that will organize the event in question, approves its schedule. Let us consider in more detail the tasks that this internal corporate structure solves.
Preparation for special assessment: commission
The composition of the commission in question should include:
- the head of the employing company, his proxies - most often these are the heads of structural divisions of the company, lawyers;
- the person responsible for resolving labor protection issues;
- representative of the trade union - if the company employees are members of it;
- Representatives of a company that conducts special assessment.
The total number of participants in the commission providing the special assessment should be odd. It is worth noting that, according to some experts, representatives of the company, which carries out the main actions under the contract in the framework of a special assessment of working conditions, should not be considered as relevant to the commission in question.
One of the key tasks of the enterprise in the formation of the considered internal corporate structure is the selection of competent candidates from among full-time employees. The main document that defines the list of commission members is an order issued by the head of the company. A special assessment of working conditions is considered as an official procedure, the implementation of which must be correctly recorded in local regulations. The relevant order sets out the procedure for the commission in question. As a rule, this document gives a considered internal corporate structure a wide range of powers. Among them - the adoption of local standards related to the special assessment of working conditions.
The first major task of the special assessment commission is to create a list of internal corporate jobs where harmful or dangerous factors should be identified. This list is subsequently transferred to the organization with which the contract for the provision of special pricing services has been concluded. The next key step in this procedure is identification. We study its features.
Identification phase of special assessment
At this stage, a special assessment of working conditions implies, therefore, the identification of harmful or dangerous factors within the workplace. This procedure involves comparing the conditions of the production environment in the company, as well as the characteristics of the labor process with those factors that are reflected at the level of federal standards. The way in which the identification of factors is carried out is also enshrined in separate sources of law, and participants in the special assessment are obliged to follow the provisions that are reflected in them.
The main role in the procedure under consideration is played by the representative of the organization with which the employer has concluded a contract for a special assessment of jobs. How competently he will conduct his work determines the efficiency and reliability of the results of the special assessment.
It is worth noting that identification with respect to a number of jobs is not carried out - their list is determined by certain provisions of the law. For example, those include those jobs in which employees receive compensation for harmful or dangerous working conditions.
The representative of the organization that conducts the special assessment may request from the employing company various information from among those related to the data on production control. Based on the results of the identification phase of the special assessment, the conclusion of the company with which the contract for the implementation of the procedure in question is signed is formed.
Special Evaluation Results
Let us consider in more detail how the results of the procedure in question are recorded. After the experts of the competent organization carry out their work as part of the identification phase, working conditions in the company can be classified as harmful or dangerous with the appropriate category. If such factors are not identified, then the employer must draw up a declaration that the working conditions in the company comply with the standards enshrined in law. She will act 5 years. It can be noted that a mechanism for extending this period is provided - if no incidents have occurred at the workplaces where the special assessment was carried out.
A declaration indicating that the special assessment of the organization’s working conditions did not reveal harmful or dangerous factors should be sent to the territorial division of Rostrud, in whose jurisdiction is the territory in which the employing company operates. To do this, use the established form.
Based on the results of the special assessment, other reporting documents are formed - both the partner organization and the commission can be responsible for this. The main task of the participants of the special assessment is to fix its results in all available completeness and indicating reliable indicators.
Event Dates
How often should a special assessment of working conditions be carried out? The timing of this procedure is determined at the level of federal law. In general, it should be carried out at least once every 5 years for a specific group of jobs. If the company has valid certification, but no special assessment has been carried out, the second procedure should be initiated immediately after the expiration of the document confirming the certification.
If new jobs appear in the company, then an assessment of the working conditions for them must be carried out immediately after their introduction into production processes. Such jobs include, as we noted above, even those that generally do not imply the presence of harmful or dangerous actors. So, a special assessment of the working conditions of office workers is carried out on the same grounds as in the case of the study of production factors at industrial enterprises.
Special assessment and insurance premiums
As we noted above, depending on the results of the procedure under consideration, the amount of insurance premiums of the enterprise in the FIU is determined. In total, the definition of 4 hazard classes at workplaces is provided. The higher it is, the more noticeable will be the payment burden on the company. Specific rates for contributions to the FIU are set at the level of federal regulations.
In particular, if a special assessment of working conditions showed that jobs were identified as dangerous, then the employer would need to pay an additional contribution of 8% to the FIU. If the relevant factors are classified as harmful, their subclass matters. There is a minimum, and it involves the payment of additional contributions to the FIU in the amount of 2%. There is a maximum - in accordance with it, the payment burden is 2%.
If the special assessment made it possible to classify jobs as those at which the level of danger or hazard is permissible or optimal, then the company does not pay additional contributions to the FIU.
Sanctions for the failure to carry out a special assessment
What will happen if the company forgets to conduct a special assessment of working conditions or consciously avoids it? In this case, the legislation of Russia defines a series of sanctions measures, which are enshrined in Art. 5.27.1 Administrative Code of the Russian Federation. In accordance with the provisions of this source of law, the company may be warned in case of failure to carry out a special assessment or fined.
So, if a person runs a business in the status of an individual entrepreneur, then he can be fined for ignoring the procedure in question in the amount of 5-10 thousand rubles. The organization may receive a penalty in the amount of 60-80 thousand rubles.
Summary
So, we investigated the essence of such a procedure as a special assessment of working conditions, the timing of this event. In accordance with the legislation of the Russian Federation, this special assessment should be carried out by all employing companies with office or industrial workplaces. The main thing is to determine the class of danger or harmfulness to them, which will affect the additional contributions to the FIU.
To do this, you need to seek help from an external provider of job evaluation services in the company. The relevant organization should have the necessary competence. Its specialists should use an effective technique. A special assessment of working conditions is a responsible procedure, and should be carried out by experienced experts.
A special assessment of jobs is close to certification. In a number of legal status relations, it replaces it: for example, if certification was carried out in the company until 2014, then no special assessment is required in the company within 5 years from the date of its implementation. An exception is the appearance in the company of new jobs.
According to the legislator, the special assessment replaces certification, and also supplements it with legal features that characterized the assessment of working conditions, which was previously used as a separate procedure.
If the special assessment is not carried out, then penalties may be imposed on the employing company. They may be higher than the cost of carrying out a procedure such as a special assessment of working conditions. Prices for it, of course, can be very significant for the budget of the company. But the possible savings due to the absence of fines, as well as a reduction in contributions to the FIU, may turn out to be a more important argument.
In principle, the management of the company may well find a profitable contract for such a procedure as a special assessment of working conditions. Moscow and other large cities are fairly competitive markets in those segments in which the services in question are provided, so many firms are ready to become partners with employers at reasonable prices for both parties to the legal relationship.