According to state requirements and a special assessment of standards, a declaration of compliance with working conditions was introduced. This abolished the previously used expensive certification. Now every employer has access to free declaration, which means that the declaration of conformity of working conditions will be approved if this workplace meets the standards already established by the state.
Certification
Previously, certification of the organization of any work in accordance with labor protection requirements was mandatory (Article 212 of the Labor Code). All jobs were certified by each employer without fail, and then certification followed. The latter was carried out by specialized organizations involved in this area. How is the declaration of conformity of working conditions different from the previous system?
First of all, material gain. Employers had to bear a huge financial burden in this regard, since independent organizations that independently determined their own pricing policy were engaged in AWP services and subsequent certification. Many employers ignored AWP research, and certification was generally carried out by units, despite the fact that this was always a mandatory legal requirement.
Of course, the declaration of conformity of working conditions is useful primarily because it placed employers on an equal footing. Certification was required as such only for those companies that planned to obtain certain types of licenses and permission to participate in tenders and competitions. And, of course, in the event that you have already received an order from the state labor inspector, that is, ignoring certification has become apparent to inspection bodies. And without accurate AWP results, certification is impossible, since it is from there that information comes, actually confirming the state of conditions at workplaces. If they contradicted the established requirements, the issuance of the certificate could not take place. The AWP document was evidence of compliance with legal requirements for labor protection (OT).
SOUTH
This abbreviation refers to a special assessment of working conditions. The newly introduced SOUT procedure differs from what was previously in the labor legislation. It cancels the AWP (certification of workplaces ) and introduces its own rules and a different procedure: each employer is charged with filling out a declaration of conformity with working conditions. This is precisely the basic rule of the new order. The procedure of the SCC was approved by Federal Law No. 426 in 2013. The process of declaring begins with certain organizational issues: a commission for the JUT should be created, a schedule for all work to be carried out, then an organization will be involved that will give a special assessment of working conditions.
Further, the declaration proceeds to the identification of potentially harmful and dangerous factors of the labor process and the working environment (HOPF). At this stage, research and in-depth analysis of the situation at the production sites is carried out. Assessment of working conditions is given by an expert of exactly the organization that should conduct the JUT. He uses previous research, inspects equipment, devices, interviews workers, and the results of these actions show whether the conditions at these workplaces are in compliance with state standards.
Expert opinion
If the expert determines the absence of danger in the surveyed workplaces, then it remains only to fill out a declaration of conformity of working conditions, which he must submit to his territorial body of the Ministry of Labor of the Russian Federation. And, of course, he is obliged to continue to maintain an appropriate state in production. A sample declaration of conformity of working conditions is presented in the illustrations to this article.
It must be remembered that the conclusion confirming compliance with the requirements, the employer can only get from an expert SUT. After receiving this document and on the basis of the studies described therein regarding a special assessment of production, where VOP is not identified, the commission created earlier should draw up a report, attach to it an expert opinion with a list of jobs and information about the organization that conducted the SUT. A special assessment of working conditions has been completed.
Actually declaration
Filing a declaration of compliance with working conditions is evidence that all articles of labor law are fully respected at the designated workplaces. Its form was approved by the Ministry of Labor, and the filing procedure was determined. A sample declaration of conformity of working conditions and examples of its filling can be found on the website of the Ministry. If trade union leaders were involved in a special assessment, a copy of the collective agreement must be attached to the documents. You can fill out a declaration and submit the entire package in electronic form, but you can also send it by mail.
If the declaration form of compliance with working conditions is followed and completed correctly, it will not be returned for correction. In principle, everything is simple there. The information contained in the assessment of working conditions already makes it possible to work calmly for five years until the submission of the next declaration. It contains the simplest information: the name and address of the organization that was checked for compliance, information about the manager (with last name, first name, patronymic and position), a list of all available workplaces that were evaluated as meeting the requirements of the OT, information about the special assessment of the organization, information about the expert on the SOUT who carried out the identification, the date of adoption and the deadline for the completion of this declaration (five years from this moment). Filling out a declaration of compliance with working conditions will not take much time, much more - preliminary work.
Extension of the declaration and its termination
If in the course of five years there is not a single accident at work, if not a single employee has an occupational disease due to exposure to HOPF, the employer can simply extend the declaration for the next five years without conducting research on the safety and health standards, and certification of working conditions is not necessary will be.
If similar circumstances happen during the period of relevance of the declaration, then its effect is terminated. The solution to this issue is undertaken by the federal executive body. An unscheduled inspection and an extraordinary special assessment are carried out. After that, representatives of the executive branch, who are authorized to carry out state supervision with regard to compliance with labor laws, make a note in the register of declarations of non-compliance with working conditions within 10 days. Thus, its effect is terminated. The declaration form for the conformity of working conditions can also be studied in the illustrations to this article or on the website of the Ministry.
The objectives of SOUT
Measures of the SOUT are carried out sequentially and are aimed at identifying negative factors in the process. They in the whole complex assess the level of impact of production conditions on workers. As already mentioned, this new procedure is designed to unify three identical procedures that exist in the law. This is an AWP, a special assessment and state examination, that is, everything related to working conditions.
The purpose of the safety management system is to reduce the burden on employers and improve the entire OS system. Experts of the relevant Ministry are confident that such an order is much more effective. On the one hand, employers are encouraged to improve the working conditions provided to employees, and on the other hand, the issues of assigning compensations and benefits for them are decided objectively.
Comparative characteristics
Of course, in the new order - declaring - much remains of AWP, since the Ministry should not build something from scratch out of nothing. Both the experience of previous years and the methods that are used to using were used, and therefore the approach to evaluation has not, in principle, changed. Fundamental changes affected only the requirements for the participants in this process, since the figures here are far from new - the employer and experts.
Employers with the introduction of new rules felt a tougher administrative responsibility. Organizations conducting the JTS, and their experts must obtain mandatory permission to provide such services and administrative responsibility has also been introduced for them. When they were AWP - certifying organizations, and those working in certifying organizations - AWP specialists, it was easier for them. Now, the JTS organizations are working in a new area of accreditation. Specialists undergo mandatory certification in order to obtain the right to carry out work on self-leveling equipment and receive expert status in the Ministry of Labor.
The experts
Not everyone can become an expert on a JUT. The candidate for this position is considered by the certification commission of the Ministry of Labor, and not just training centers, as it was before with specialists in AWP.
An expert needs a higher education, at least three years of specialized work experience and additional training - at least 72 hours, which are devoted solely to special assessment. Practical experience - work in the laboratory.
The importance of changing requirements
These changes in requirements in relation to experts are quite logical. In this way, formalities in training and, as a consequence, subsequent errors are excluded. This is a very big responsibility, because the expert’s incompetence is future accidents, occupational diseases, injuries among people whose workplaces are recognized as appropriate.
That is why not only certification was introduced, but also administrative responsibility for experts who made the wrong special assessment. Filing a declaration of conformity of working conditions should not be the result of a formal attitude or incompetence.
Administrative responsibility
If the expert violates the established procedure, fairly large fines may be imposed on him - from twenty to fifty thousand rubles - or he will be disqualified from one to three years.
What violations will result in punishment? Violations of the established order are: inappropriate identification in relation to the factors of the working environment, formally inferred results that contradict reality.
Professionalism
The community of experts for a long time was in a misunderstanding of such a factor as professionalism. They tried to find out in the appropriate authorities how accurately it is possible to assess working conditions without conducting detailed examinations, studies and measurements, and whether an objective assessment is possible without carrying out all these procedures.
However, they proved that a true professional will be able to assess the situation by eye thanks to the long work in the field of special assessments. Practical experience in this case is everything. That's why he is an expert. And not every specialist can be called that.