Accident insurance premiums. Accident insurance premium rate year: reduced rates

Organizations with employees are required to pay social security contributions for insurance against injuries at work and occupational diseases. This type of insurance is regulated by Law No. 125-FZ dated July 24, 1998 (hereinafter referred to as the Law).

Injury contributions are mandatory regular payments calculated at a certain rate, taking into account possible discounts or surcharges that employers (insureds) must transfer to the FSS (insurer) (Article 3 of the Law).

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The insurers include all Russian legal entities, foreign companies operating in the Russian Federation, and individuals using in the course of their activities the labor of hired citizens subject to this type of insurance.

Injury insurance premiums in 2020 are still subordinate to the FSS. Benefits and rates have not been adjusted. In connection with the transfer of part of the powers of the FSS to the tax authorities, the reporting form has changed.

What it is

The object and base for contributions to injuries are determined in accordance with Art. 20.1 of the Law. The object of taxation of contributions for injuries are payments subject to contributions that the insured accrues to employees working for him under labor and civil law agreements. Remunerations from which contributions for injuries are not withheld are given in Art. 20.2 of the Law.

These include, in particular:

• state benefits (for unemployment, from the Social Insurance Fund and others);
• payments for the reduction or liquidation of the company;
• financial assistance in emergency situations;
• compensation for work in difficult and dangerous conditions;
• pay for advanced training.

The base includes payments in kind, they are accounted for at their value on the date of issue, determined based on the price specified in the contract. This also includes the amounts of VAT and excises, if the goods (work, service) provide for them.

Insurers are entitled to part of the injury premiums to prevent injuries and occupational diseases. This share is defined as the difference between contributions for the previous year and the amount of NC and PZ benefits from the FSS for the same period. It cannot exceed 20% of the resulting difference.

What has changed since January 1

In 2020, there were significant changes regarding insurance premiums. Some of their species are transferred under the control of the Federal Tax Service. At the same time, an urgent question arose: where to pay fees for injuries? Contributions from injuries at work and occupational diseases are still supervised by the FSS, respectively, it is the recipient of the funds.

The following factors affect the amount of the injury payment:

• the area of ​​activity of the insured;
• the existence of benefits for this type of contributions;
• current injury rates.

Since this year, social insurance has been endowed with a number of powers:

• control over the receipt of amounts;
• calculation of the amount of contributions payable;
• demand from insurers for explanations on contributions.

Law No. 125-FZ is supplemented by several articles that regulate the accrual of penalties, the provision of deferrals and the collection of arrears. The document contains the necessary norms on the conduct of desk audits and the execution of their results.

The legislation specifies the principle of calculation of contributions payable, the periods are defined: settlement and reporting.

Since 2020, companies have the right to compensate for the costs of workwear and PPE from injury contributions. This innovation is valid only for Russian-made goods. Expenses for imported products are not funded.

Quarterly calculations for injuries in 2020 are submitted to the fund on a new form. The form was introduced by FSS Order No. 381 dated 09/26/16.

Compared to the previous one, the new document has a smaller volume; it does not contain information about motherhood and being on sick leave.

Injury insurance premium rates in 2020

The contribution rate for NA and PZ can vary from 0.2% to 8.5%. The greater the risk of the organization's key activities, the higher the percentage. The ratios are approved at the legislative level. In total, there are 32 tariffs, which are developed taking into account various areas of activity. They are regulated by the Law on Tariffs for Injuries No. 179-FZ of December 22, 2005.

Selectively, risk classes from Article 1 of the document are reflected in the table:

Profiris class	Bid, %	Profiris class	Bid, %	Profiris class	Bid, %	Profiris class	Bid, %
1st	0,2%	9th	1,0%	17th	2,1%	25th	4,5%
3rd	0,4%	11th	1,2%	19th	2,5%	27th	5,5%
4th	0,5%	12th	1,3%	20th	2,8%	28th	6,1%
5th	0,6%	13th	1,4%	21st	3,1%	29th	6,7%
6th	0,7%	14th	1,5%	22nd	3,4%	30th	7,4%
8th	0,9%	16th	1,9%	24th	4,1%	32nd	8,5%

The employer can determine the risk class according to either a special classifier approved by Order of the Ministry of Labor No. 851n dated 12/30/16. This data is in the registration documents from the FSS.

The table below shows an example of determining the tariff according to OKVED:

In order to determine at what rate you need to calculate and pay insurance premiums for injuries in 2020, you need to confirm your OKVED for 2020.

• application for confirmation of a key activity;
• certificate-certificate;
• explanatory note for 2020 (except for small businesses).

If the above documents are not provided, the sanction fund will not charge, but the tariff will be set by the FSS specialists independently. This procedure is prescribed by the Ministry of Health and Social Development in Order No. 55 of January 31, 2006.

Of all the types of activities reflected in the Unified State Register of Legal Entities of the company, the one with the highest risk class is selected. This is often unprofitable for the insured, so you should confirm your main OKVED in a timely manner.

From the beginning of 2020, the company is not entitled to challenge the maximum designated contribution rate established by the FSS unilaterally (Resolution No. 551 of 06/17/16). This is one of the important innovations regarding injury charges in 2020.

Settlement procedure

Injury contributions are calculated by the insured every month after the salary is calculated.

The calculation is made in the following sequence:

Calculation of the injury base	To do this, all payments to employees are summed up: salary; premiums; vacations, including educational ones; travel allowances; remuneration under the GPA, if they stipulate the taxation of the amounts by these contributions. It is necessary to exclude from the base payments for which the injury fee is not charged. They are listed in Art. 20.2 of the Law. The limit is not established by law, therefore, the amount of payments received is taxed in full.
Tariff definitions	If the policyholder annually confirms the type of activity, then the percentage of the contribution is indicated in the notice from the FSS. Otherwise, it can be found according to OKVED, which is registered in the registration papers from social insurance. The policyholder has the right to receive a benefit under the tariff on the grounds specified in Art. 2 of Law No. 179-FZ of December 22, 2005. It is also provided to policyholders who do not have delays in paying contributions, cases of injury at work and occupational ailments. To apply for a privilege for 2020, the corresponding application had to be submitted before the end of October 2020. The maximum discount is 40%. The percentage is influenced by various factors: the number of accidents per 1 thousand workers, the duration of the sick leave for each incident, etc. Benefits for disabled workers of all groups reach 60%. In accordance with the law, the right to receive it does not require documentary evidence.
Calculation of the installment amount	Multiplying the base by the tariff will give the required amount for injuries, which the company must transfer to the fund.

Example. Firm "Polar Bear" produces ice cream.

• Base \u003d 2,542,120 + 125,470 + 3,520 - 284,250 + 617,800 - 58,730 \u003d 1,945,930 rubles, the expression shows that the contribution base consists of all types of taxable income minus non-taxable ones.
• Rate: OKVED code of the company is 10.52, it corresponds to the third risk class and has an injury rate of 0.4%;
• The amount of the contribution payable \u003d 1,945,930 * 0.4% \u003d 7,783.72 rubles.

Where to pay

The employer transfers contributions for injuries to the territorial branch of the FSS in which he is registered.

Payment is made in the same way as last year. Payment must be made before the 15th day of the month following the reporting month (clause 4, article 22 of the Law). If the deadline for payment coincides with a holiday or weekend, then it is transferred to the next weekday.

The contribution amount received in rubles and kopecks is not subject to rounding. If an overpayment occurs, the company may reduce the size of the next payment by this amount. You don't need to report this to social security.

General rules for calculating contributions

Calculate contributions for insurance against accidents and occupational diseases at the end of each month. You need to count according to the tariff that was established in the FSS of Russia specifically for your organization or for a separate division for the current year (clauses 1 and 4 of article 22 of the Law of July 24, 1998 No. 125-FZ).

The value of the tariff can be found in the notification received from the fund department. Such a document specialists of the FSS of Russia issued annually usually within the first decade.

Calculation of contributions subject to discount or surcharge

The FSS of Russia may set a tariff for the current year, taking into account discounts or surcharges .

If an organization (separate subdivision) has set a tariff taking into account the surcharge, then start using it from the beginning calendar year, following the one in which the allowances were set. Calculate contributions under the tariff taking into account the discount from the beginning of the calendar year following the year in which the discount was established. This is stated in paragraph 10 of the Rules, approved by Decree of the Government of the Russian Federation of May 30, 2012 No. 524.

Calculate the premiums for insurance against accidents and occupational diseases as follows:

Benefits for the payment of contributions

Privileges for the payment of contributions are established for two categories of insurers.

• public organizations of the disabled, among whose members the disabled and their legal representatives make up at least 80 percent;

• organizations whose authorized capital consists entirely of contributions from public organizations of the disabled. Wherein average headcount disabled persons must be at least 50 percent, and the share of their salary - at least 25 percent;

• institutions created to achieve educational, cultural, health-improving, physical culture and sports and other social goals. The benefit is granted if all the property of such institutions is owned by public organizations of the disabled;

• institutions established to provide legal and other assistance to persons with disabilities, children with disabilities and their parents. The benefit is provided on the condition that all the property of these institutions is owned by public organizations of the disabled.

In such organizations, contributions to insurance against accidents and occupational diseases for any payments are calculated based on 60 percent of the established tariff.

The second category of beneficiaries includes organizations and entrepreneurs that pay salaries and other benefits to disabled people of groups I, II and III. Calculate contributions from payments to these disabled people based on 60 percent of the established tariff.

Such benefits are defined by Article 2 of the Law of December 22, 2005 No. 179-FZ, Article 2 of the Law of December 14, 2015 No. 362-FZ. The validity of the Law of December 22, 2005 No. 179-FZ was extended for 2015-2017 (Article 1 of the Law of December 14, 2015 No. 362-FZ).

Contributions for insurance against accidents and occupational diseases, taking into account benefits, calculate according to the formula:

In June, the organization accrued salaries to its employees in the total amount of 500,000 rubles. In June, the accountant of the organization accrued contributions for insurance against accidents and occupational diseases in the amount of 2250 rubles. (500,000 rubles × 0.75% × 0.6).

Firms and private entrepreneurs using hired labor are required to make insurance contributions to personnel. The FSS rate in 2017 (table) remained unchanged compared to the previous period, but contributions, with the exception of expenses related to occupational diseases and injuries, were transferred to the administration of the Federal Tax Service. This means the emergence of important innovations for the accountant.

Since 2017, the powers of extra-budgetary funds to accept payments, receive debts and verify the accounts of companies and individual entrepreneurs have been transferred to the Federal Tax Service. The reason for this decision is the poor collection of contributions and the need to tighten control. The provisions of 212-FZ came to replace the previous chapter 34 of the Tax Code of the Russian Federation.

The only exception is contributions for occupational diseases and injuries. They continue to be fully administered by the FSS. For steel deductions, the following will remain unchanged:

• a list of economic entities that must make mandatory contributions;

• billing period - 12 months;
• dates for which reporting on contributions is generated: 3, 6, 9 months of the year;
• the grounds on which the reduced FSS rate is applied;
• the procedure for determining the base for calculating the amount of deductions to the IFTS and the FSS.

In connection with the change of the administrative body, the forms of reports and the deadlines for their submission are changed. Legislators have added to the list of requirements that must be met by insurers applying for a reduced rate.

Important! In 2017, firms and individual entrepreneurs that no longer meet the criteria for a reduced rate lose the right to use it not from the current quarter, but from the beginning of the year.

FSS tariffs: in 2017: table

In 2017, as before, the rates used to calculate the amount of pension contributions depend on whether the marginal base is exceeded or not. It is set at the level of 796 thousand rubles. When a company exceeds the limit, it is obliged to use an additional tariff. This rule does not apply to contributions in case of temporary disability (VNiM) and CHI.

The rates are set out in Art. 426 of the Tax Code of the Russian Federation. In 2017, it remained unchanged compared to previous periods and is:

For certain categories of insurers, reduced FSS rates are provided for 2017. This category includes agricultural producers that meet the criteria prescribed in Art. 346.2 of the Tax Code of the Russian Federation, companies that create handicraft products, participants in free economic zones.

Individual entrepreneurs, lawyers and notaries registered in accordance with Russian law and not using hired labor are required to pay insurance premiums “for themselves”. Whether they actually do business is irrelevant.

In 2017, the amount of mandatory transfers of such economic entities is calculated on the basis of the minimum wage established at the beginning of the year. The tariffs are:

Contribution type	Bid (%)
Pension insurance	26
CHI	5,1

If the amount of the entrepreneur's annual income is more than 300,000 rubles, he is obliged, in addition to two contributions "for himself", to make a third transfer in the amount of 1% of the amount exceeding the limit.

FSS: percentage of deductions on contributions in case of occupational diseases and injuries

Contributions from injuries and illnesses at work are the only ones left in the administration of Social Insurance. In 2017, as before, their size depends on the level of risk typical for the main type of activity of enterprises.

The rates are prescribed in 419-FZ of December 19, 2016. The regulation divides risks into 32 levels. Each of them has its own rate. Values ​​range from 0.2 to 8.5%.

The insured will recognize the FSS interest 2017 from the official notification of the Fund, sent after the company has submitted documents confirming its main activity.

At its discretion, the FSS has the right to reduce or increase the rate, but not more than 40%. The relevant decision of the supervisory authority is based on the following facts:

• features of working conditions at the enterprise;
• results of medical examinations of company employees;
• the amount of insurance costs.

If the enterprise had at least one case with a fatal outcome, the tariff discount is not provided.

The maximum "discount" of 40% can be claimed by:

• organizations employing people with disabilities of all groups, in terms of the payroll allocated for payments to these employees;
• public organizations of the disabled;
• companies created for scientific, educational, cultural activities, etc.

Since 2017, organizations and individual entrepreneurs are required to annually confirm their main activity by April 15. If they ignore this need, they will be subject to a tariff based on the most “expensive” OKVED injury insurance specified in the registration documents. Previously, the FSS did the same, but firms had the opportunity to prove their case in court. Now the overstatement of rates has a legislative justification.

Chapter 1. General Provisions

Article 1 Subject of regulation of this Federal Law

1. The subject of regulation of this Federal Law are relations arising in connection with the conduct of a special assessment of working conditions, as well as with the implementation of the obligation of the employer to ensure the safety of employees in the course of their work and the rights of employees to jobs that comply with state regulatory requirements labor protection.

2. This Federal Law establishes the legal and organizational framework and procedure for conducting a special assessment of working conditions, determines the legal status, rights, duties and responsibilities of participants in a special assessment of working conditions.

Article 2 Regulation of the special assessment of working conditions

1. Regulation of a special assessment of working conditions is carried out by the Labor Code Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.

2. The norms governing the special assessment of working conditions and contained in federal laws and other regulatory legal acts of the Russian Federation must comply with the norms of the Labor Code of the Russian Federation and this Federal Law.

3. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.

Article 3 Special assessment of working conditions a

1. A special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) dangerous factors production environment and labor process(hereinafter also - harmful and (or) dangerous production factors) and assessing the level of their impact on the employee, taking into account the deviation of their actual values ​​from the standards (hygienic standards) of working conditions and the use of personal and collective protective equipment established by the federal executive body authorized by the Government of the Russian Federation workers.

2. Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions at workplaces are established.

3. A special assessment of working conditions is not carried out in relation to the working conditions of homeworkers, remote workers and workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

4. Conducting a special assessment of working conditions in relation to the working conditions of state civil servants and municipal employees is regulated by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on the state civil service and on municipal service.

Article 4 The rights and obligations of the employer in connection with the special assessment of working conditions

1. The employer has the right:

1) require the organization conducting a special assessment of working conditions to substantiate the results of its conduct;

2) conduct an unscheduled special assessment of working conditions in the manner prescribed by this Federal Law;

3) require from the organization conducting a special assessment of working conditions documents confirming its compliance with the requirements established by Article 19 of this Federal Law;

4) appeal, in accordance with the procedure established by Article 26 of this Federal Law, against the actions (inaction) of an organization conducting a special assessment of working conditions.

2. The employer is obliged:

1) ensure the conduct of a special assessment of working conditions, including an unscheduled special assessment of working conditions, in the cases established by Part 1 of Article 17 of this Federal Law;

2) provide the organization conducting a special assessment of working conditions with the necessary information, documents and information that are provided for by the civil law contract specified in Part 2 of Article 8 of this Federal Law and that characterize the working conditions at the workplace, as well as explanations on the issues of conducting special assessment of working conditions;

3) not take any deliberate actions aimed at narrowing the range of issues to be clarified during a special assessment of working conditions and affecting the results of its conduct;

4) familiarize the employee in writing with the results of a special assessment of working conditions at his workplace;

5) give the employee the necessary explanations on the issues of conducting a special assessment of working conditions at his workplace;

6) to implement measures aimed at improving the working conditions of employees, taking into account the results of a special assessment of working conditions.

Article 5 Rights and obligations of an employee in connection with a special assessment of working conditions

1. The employee has the right:

1) be present during a special assessment of working conditions at his workplace;

2) contact the employer, his representative, the organization conducting a special assessment of working conditions, an expert of the organization conducting a special assessment of working conditions (hereinafter also referred to as the expert) for clarification on the issues of conducting a special assessment of working conditions at his workplace;

3) appeal against the results of a special assessment of working conditions at his workplace in accordance with Article 26 of this Federal Law.

2. The employee is obliged to familiarize himself with the results of a special assessment of working conditions carried out at his workplace.

Article 6 Rights and obligations of an organization conducting a special assessment of working conditions

1. An organization conducting a special assessment of working conditions has the right to:

1) refuse, in accordance with the procedure established by this Federal Law, to conduct a special assessment of working conditions, if during its conduct a threat to the life or health of employees of such an organization has arisen or may arise;

2) appeal in the established manner against the instructions of officials of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies.

2. An organization conducting a special assessment of working conditions is obliged to:

1) provide, at the request of the employer, a representative of the elected body of the primary trade union organization or other representative body of employees, with substantiation of the results of a special assessment of working conditions, as well as give explanations to employees on the issues of conducting a special assessment of working conditions at their workplaces;

2) provide, at the request of the employer, documents confirming the compliance of this organization with the requirements established by Article 19 of this Federal Law;

3) apply approved and certified in the manner prescribed by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (tests) and methods (methods) of measurements and the corresponding measuring instruments that have been verified and included in the Federal Information Fund for ensuring the uniformity of measurements;

4) not to start a special assessment of working conditions or suspend its conduct in the following cases:

a) failure by the employer to provide the necessary information, documents and information, which are provided for by the civil law contract specified in Part 2 of Article 8 of this Federal Law, and which characterize the working conditions at the workplace, as well as explanations on the issues of conducting a special assessment of working conditions;

b) the refusal of the employer to provide the conditions necessary for conducting research (testing) and measuring identified harmful and (or) hazardous production factors, in accordance with the civil law contract specified in Part 2 of Article 8 of this Federal Law;

5) keep commercial and other legally protected secrets that have become known to this organization in connection with its activities in accordance with this Federal Law.

Article 7 Application of the results of a special assessment of working conditions

The results of a special assessment of working conditions can be used to:

1) development and implementation of measures aimed at improving the working conditions of employees;

2) informing employees about working conditions in the workplace, about the existing risk of damage to their health, about measures to protect against the effects of harmful and (or) dangerous production factors and rely on employees working in jobs with harmful and (or) dangerous working conditions, guarantees and compensations;

3) providing employees with personal protective equipment, as well as equipping workplaces with collective protective equipment;

4) monitoring the state of working conditions in the workplace;

5) organizing, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon employment) and periodic (during employment) medical examinations of employees;

6) establishment of guarantees and compensations provided for by the Labor Code of the Russian Federation for employees;

7) establishing an additional rate of insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace;

8) calculation of discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases;

9) substantiating the financing of measures to improve working conditions and labor protection, including at the expense of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

10) preparation of statistical reporting on working conditions;

11) addressing the issue of the relationship of diseases that have arisen among workers with the impact on workers at their workplaces of harmful and (or) dangerous production factors, as well as the investigation of accidents at work and occupational diseases;

12) consideration and settlement of disagreements related to ensuring safe working conditions between employees and the employer and (or) their representatives;

13) determining, in the cases established by federal laws and other regulatory legal acts of the Russian Federation, and taking into account the state regulatory requirements for labor protection, the types of sanitary services and medical support for employees, their volume and conditions for their provision;

14) making a decision on the establishment of restrictions provided for by labor legislation for certain categories of employees;

15) assessing the levels of professional risks;

16) other purposes provided for by federal laws and other regulatory legal acts of the Russian Federation.

Chapter 2. The procedure for conducting a special assessment of working conditions

Article 8 Organization of a special assessment of working conditions

1. Responsibilities for organizing and financing the conduct of a special assessment of working conditions are assigned to the employer.

2. A special assessment of working conditions is carried out jointly by the employer and the organization or organizations that meet the requirements of Article 19 of this Federal Law and are involved by the employer on the basis of a civil law contract.

3. A special assessment of working conditions is carried out in accordance with the methodology for its implementation, approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

4. A special assessment of working conditions at the workplace is carried out at least once every five years, unless otherwise provided by this Federal Law. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

5. In the event of a special assessment of working conditions in relation to the working conditions of employees admitted to information classified as a state or other secret protected by law, it is carried out taking into account the requirements of the legislation of the Russian Federation on state and other secrets protected by law.

Article 9 Preparation for a special assessment of working conditions

1. In order to organize and conduct a special assessment of working conditions, the employer forms a commission for conducting a special assessment of working conditions (hereinafter referred to as the commission), the number of members of which must be odd, and the schedule for conducting a special assessment of working conditions is also approved.

2. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any). The composition and procedure for the activities of the commission are approved by the order (instruction) of the employer in accordance with the requirements of this Federal Law.

3. When an employer, classified in accordance with the legislation of the Russian Federation as a small business, conducts a special assessment of working conditions, the commission includes the employer - an individual entrepreneur (personally), the head of the organization, other authorized representatives of the employer, including a labor protection specialist or a representative of an organization or a specialist engaged by the employer under a civil law contract to perform the functions of the labor protection service (labor protection specialist), representatives of the elected body of the primary trade union organization or other representative body of employees (if any).

4. The commission is headed by the employer or his representative.

5. Prior to the commencement of work on the special assessment of working conditions, the commission approves the list of jobs where a special assessment of working conditions will be carried out, indicating similar jobs.

6. For the purposes of this Federal Law, similar jobs are jobs that are located in one or more similar production premises ( production areas) equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, in which employees work in the same profession, position, specialty, perform the same labor functions in the same working hours while maintaining the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.

7. With regard to jobs in organizations engaged in certain types of activities, as well as in the event that the performance of work on a special assessment of working conditions creates or may create a threat to the life or health of an employee, members of the commission, other persons, a special assessment of working conditions is carried out with taking into account the specifics established by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body that exercises the functions of developing state policy and legal regulation in the relevant field of activity, State Corporation for atomic energy"Rosatom" and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The list of jobs in organizations engaged in certain types of activities in respect of which a special assessment of working conditions is carried out taking into account the features established by the federal executive body authorized by the Government of the Russian Federation (including, if necessary, assessing the injury risk of jobs), is approved by the Government of the Russian Federation, taking into account the opinion Russian tripartite commission for the regulation of social and labor relations.

Article 10 Identification of potentially harmful and (or) hazardous production factors

1. Identification of potentially harmful and (or) hazardous production factors is understood as a comparison and establishment of the coincidence of the factors of the production environment and the labor process at the workplace with the factors of the production environment and the labor process provided for by the classifier of harmful and (or) hazardous production factors approved by the federal body executive power, which performs the functions of developing and implementing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The procedure for identifying potentially harmful and (or) hazardous production factors is established by the methodology for conducting a special assessment of working conditions, provided for by Part 3 of Article 8 of this Federal Law.

2. Identification of potentially harmful and (or) hazardous production factors in the workplace is carried out by an expert of the organization conducting a special assessment of working conditions. The results of the identification of potentially harmful and (or) hazardous production factors are approved by a commission formed in the manner prescribed by Article 9 of this Federal Law.

3. When carrying out the identification of potentially harmful and (or) hazardous production factors at workplaces, the following should be taken into account:

1) production equipment, materials and raw materials used by employees and being sources of harmful and (or) hazardous production factors that are identified and in the presence of which, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon employment) and periodic (in during labor activity) medical examinations of employees;

2) the results of studies (tests) and measurements of harmful and (or) hazardous production factors previously carried out at these workplaces;

3) cases of industrial injuries and (or) the establishment of an occupational disease that arose in connection with the impact on the employee at his workplace of harmful and (or) dangerous production factors;

4) proposals of employees on the implementation at their workplaces of identification of potentially harmful and (or) dangerous production factors.

4. If harmful and (or) dangerous production factors at the workplace are not identified, the working conditions at this workplace are recognized by the commission as acceptable, and research (testing) and measurement of harmful and (or) dangerous production factors are not carried out.

5. If harmful and (or) dangerous production factors at the workplace are identified, the commission decides to conduct research (tests) and measurements of these harmful and (or) dangerous production factors in the manner established by Article 12 of this Federal Law.

6. Identification of potentially harmful and (or) hazardous production factors is not carried out in relation to:

1) workplaces of employees, professions, positions, specialties of which are included in the lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which early assignment of an old-age labor pension is carried out;

2) workplaces in connection with work at which employees are provided with guarantees and compensations for work with harmful and (or) dangerous working conditions in accordance with legislative and other regulatory legal acts;

3) workplaces where harmful and (or) dangerous working conditions were established based on the results of earlier certification of workplaces for working conditions or a special assessment of working conditions.

7. The list of harmful and (or) dangerous production factors subject to research (testing) and measurement at the workplaces specified in Part 6 of this Article is determined by an expert of the organization conducting a special assessment of working conditions, based on the list of harmful and (or) dangerous production factors specified in Parts 1 and 2 of Article 13 of this Federal Law.

Article 11 Declaration of compliance of working conditions with state regulatory requirements for labor protection

1. In relation to workplaces where harmful and (or) dangerous production factors are not identified as a result of identification, the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts, containing norms of labor law, at the location of its location, a declaration of compliance of working conditions with state regulatory requirements for labor protection.

2. The form and procedure for filing a declaration of compliance of working conditions with the state regulatory requirements for labor protection are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.

3. The federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms shall ensure the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory labor protection requirements in the manner established by the federal executive body executing the functions of developing and implementing state policy and legal regulation in the field of labor.

4. Declaration of compliance of working conditions with state regulatory requirements for labor protection is valid for five years. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

5. In the event that during the period of validity of the declaration of compliance of working conditions with state regulatory requirements for labor protection, an employee employed at the workplace in respect of which this declaration was adopted, an accident occurred at work (with the exception of an accident at work that occurred through the fault of third parties). persons) or he has an occupational disease, the cause of which was the impact on the employee of harmful and (or) dangerous production factors, in relation to such a workplace, this declaration is terminated and an unscheduled special assessment of working conditions is carried out.

6. The decision to terminate the declaration of compliance of working conditions with state regulatory requirements for labor protection is taken by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, about which no later than within ten calendar days from the date of occurrence of the circumstances specified in paragraph 5 of this article, an appropriate entry is made in the register of declarations of compliance of working conditions with state regulatory requirements for labor protection.

7. After the expiration of the declaration of compliance of working conditions with state regulatory requirements for labor protection and in the absence of the circumstances specified in paragraph 5 of this article during the period of its validity, the validity of this declaration is considered extended for the next five years.

Article 12 Research (testing) and measurement of harmful and (or) hazardous production factors

1. All harmful and (or) dangerous production factors that are identified in the manner established by this Federal Law are subject to research (testing) and measurement.

2. The list of harmful and (or) hazardous production factors subject to research (testing) and measurement is formed by the commission based on the state regulatory requirements for labor protection, the characteristics of the technological process and production equipment, the materials and raw materials used, the results of previous studies (tests) and measurements of harmful and (or) hazardous production factors, as well as based on the proposals of employees.

3. Research (testing) and measurement of the actual values ​​of harmful and (or) hazardous production factors are carried out by the testing laboratory (center), experts and other employees of the organization conducting a special assessment of working conditions.

4. When conducting research (tests) and measurements of harmful and (or) hazardous production factors, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (tests) and methods (methods) of measurements and their corresponding means measurements that have been verified and entered into the Federal Information Fund for Ensuring the Uniformity of Measurements.

5. Methods of research (testing) and techniques, methods of measuring harmful and (or) dangerous production factors, the composition of experts and other employees conducting these studies (testing) and measurements are determined by the organization conducting a special assessment of working conditions independently.

6. The results of studies (tests) and measurements of harmful and (or) hazardous production factors are documented in protocols for each of these harmful and (or) dangerous production factors subjected to research (tests) and measurements.

7. As the results of studies (tests) and measurements of harmful and (or) hazardous production factors, the results of studies (tests) and measurements of harmful and (or) hazardous production factors conducted by a testing laboratory (center) accredited in accordance with the legislation of the Russian Federation ) when carrying out production control over working conditions organized in accordance with the established procedure at the workplace, but not earlier than six months before a special assessment of working conditions. The decision on the possibility of using these results when conducting a special assessment of working conditions is taken by the commission on the proposal of an expert of the organization conducting a special assessment of working conditions.

8. Based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, an expert of an organization conducting a special assessment of working conditions classifies working conditions at workplaces according to the degree of harmfulness and (or) danger to classes (subclasses) of working conditions .

9. The Commission has the right to decide on the impossibility of conducting research (tests) and measurements of harmful and (or) hazardous production factors if the conduct of these studies (tests) and measurements at workplaces can endanger the lives of workers, experts and (or) other employees of the organization conducting a special assessment of working conditions, as well as other persons. The working conditions at such workplaces belong to a dangerous class of working conditions without appropriate research (testing) and measurements.

10. The decision on the impossibility of conducting research (tests) and measurements on the grounds specified in part 9 of this article is drawn up in the protocol of the commission containing the rationale for making this decision and being an integral part of the report on the special assessment of working conditions.

11. The employer, within ten working days from the date of the adoption of the decision specified in paragraph 9 of this article, sends to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms, at the place of its location, a copy of the protocol of the commission containing this decision.

Article 13

1. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the working environment are subject to research (testing) and measurement:

1) physical factors - aerosols of predominantly fibrogenic action, noise, infrasound, air ultrasound, general and local vibration, non-ionizing radiation (electrostatic field, constant magnetic field, including hypogeomagnetic, electric and magnetic fields of industrial frequency (50 Hertz), alternating electromagnetic fields, including radio frequency range and optical range (laser and ultraviolet), ionizing radiation, microclimate parameters (air temperature, relative humidity air, air speed, infrared radiation), parameters of the light environment (artificial lighting (illuminance) of the working surface);

2) chemical factors - chemicals and mixtures measured in the air of the working area and on skin workers, including certain substances of biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) for the control of the content of which methods of chemical analysis are used;

3) biological factors - producing microorganisms, living cells and spores contained in bacterial preparations, pathogenic microorganisms - pathogens of infectious diseases.

2. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the labor process are subject to research (testing) and measurement:

1) the severity of the labor process - indicators of physical activity on musculoskeletal system and on the functional systems of the worker's body;

2) the intensity of the labor process - indicators of sensory load on the central nervous system and sensory organs of the worker.

3. The testing laboratory (center) conducts research (tests) and measurements of the following harmful and (or) dangerous factors of the production environment and the labor process:

1) air temperature;

2) relative air humidity;

3) air speed;

4) intensity and exposure dose of infrared radiation;

7) the intensity of the alternating electric field of electromagnetic radiation in the radio frequency range;

8) AC tension magnetic field electromagnetic radiation of the radio frequency range;

10) intensity of sources of ultraviolet radiation in the wavelength range of 200 - 400 nanometers;

12) energy exposure of laser radiation;

13) ambient dose equivalent rate of gamma radiation, X-ray and neutron radiation;

14) radioactive contamination industrial premises, elements of production equipment, personal protective equipment and skin integuments of workers;

15) sound level;

16) total sound pressure level of infrasound;

17) air ultrasound;

18) general and local vibration;

19) illumination of the working surface;

20) the concentration of harmful chemicals, including substances of biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) to control the content of which chemical analysis methods are used, as well as the concentration of mixtures of such substances in the air of the working area and on the skin of workers (in accordance with the scope of accreditation of the testing laboratory (center);

21) mass concentration of aerosols in the air of the working area;

22) the severity of the labor process (the length of the path of movement of the load, muscle effort, the mass of the transported goods, the angle of inclination of the body of the worker's body and the number of inclinations per working day (shift), the time the load is held, the number of stereotyped working movements);

a) consists in the dispatching of production processes, vehicle control (duration of concentrated observation, density of signals (light, sound) and messages per unit of time, the number of production objects of simultaneous observation, the load on the auditory analyzer, the time of active observation of the production process);

b) consists in servicing production processes of a conveyor type (the duration of a single operation, the number of elements (methods) required to implement a single operation);

c) associated with long-term work with optical devices;

24) biological factors (in accordance with the scope of accreditation of the testing laboratory (center).

4. For certain types of work, professions, positions, specialties, the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, together with the federal executive body responsible for the development of state policy and regulatory legal regulation in the relevant field of activity, the State Atomic Energy Corporation Rosatom, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may establish an additional list of harmful and (or) dangerous factors of the working environment and the labor process, subject to research (testing) and measurement during a special assessment of working conditions.

Article 14. Classification of working conditions

1. Working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, permissible, harmful and dangerous working conditions.

2. Optimal conditions labor (class 1) are working conditions under which the impact on the employee of harmful and (or) hazardous production factors is absent or the levels of impact of which do not exceed the levels established by the standards (hygienic standards) of working conditions and accepted as safe for humans, and prerequisites are created to maintain a high level of employee performance.

3. Permissible working conditions (class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions, and the altered functional state of the employee's body is restored during a regulated rest or by the beginning of the next working day (shift).

4. Harmful working conditions (class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:

1) subclass 3.1 (harmful working conditions of the 1st degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after exposure to which the altered functional state of the employee's body is restored, as a rule, with a longer period than before the start of the next working day (shift), cessation of exposure to these factors, and the risk of damage to health increases;

2) subclass 3.2 (harmful working conditions of the 2nd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and development of initial forms of occupational diseases or occupational diseases mild degree severity (without loss of professional ability to work) arising after prolonged exposure (fifteen or more years);

3) subclass 3.3 (harmful working conditions of the 3rd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the body of the employee, leading to the emergence and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of employment;

4) subclass 3.4 (harmful working conditions of the 4th degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) in the period labor activity.

5. Hazardous working conditions (class 4) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which during the whole working day (shift) or part of it can endanger the life of the employee, and the consequences of exposure These factors cause a high risk of developing an acute occupational disease during the period of employment.

6. In case of application by employees employed in workplaces with harmful working conditions, effective means personal protection, who have passed mandatory certification in the manner established by the relevant technical regulations, the class (subclass) of working conditions may be reduced by the commission based on the conclusion of an expert of the organization conducting a special assessment of working conditions, by one degree in accordance with the methodology approved by the federal executive body, performing the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

7. By agreement with the territorial body of the federal executive body responsible for the organization and implementation of federal state sanitary and epidemiological supervision, at the location of the relevant workplaces, a reduction in the class (subclass) of working conditions by more than one degree is allowed in accordance with the methodology specified in part 6 of this article.

8. With regard to jobs in organizations engaged in certain types of activities, a reduction in the class (subclass) of working conditions may be carried out in accordance with industry specifics approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

9. The criteria for classifying working conditions at the workplace are established by the methodology for conducting a special assessment of working conditions provided for by Part 3 of Article 8 of this Federal Law.

Article 15 Results of a special assessment of working conditions

1. An organization conducting a special assessment of working conditions shall draw up a report on its conduct, which includes the following results of a special assessment of working conditions:

1) information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of this Federal Law;

2) a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;

3) cards of a special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by an expert of an organization conducting a special assessment of working conditions;

4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;

5) protocols for evaluating the effectiveness of personal protective equipment;

6) the protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements on the grounds specified in Part 9 of Article 12 of this Federal Law (if such a decision exists);

7) a summary sheet of a special assessment of working conditions;

8) a list of measures to improve the conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out;

9) conclusions of an expert of the organization conducting a special assessment of working conditions.

2. The report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to state in writing a reasoned dissenting opinion, which is attached to this report.

3. The form of a report on the conduct of a special assessment of working conditions and instructions for filling it out are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.

4. In relation to workplaces where harmful and (or) hazardous production factors are not identified, the report on the special assessment of working conditions shall contain the information provided for in paragraphs 1, 2 and 9 of part 1 of this article.

5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions. The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.

6. The employer, taking into account the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law, organizes the placement on its official website in the Internet information and telecommunication network (if such a website exists) of summary data on the results of the special assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than within thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.

Article 16 Features of conducting a special assessment of working conditions at individual workplaces

1. When similar jobs are identified, a special assessment of working conditions is carried out in relation to 20 percent of jobs from total number such jobs (but not less than two jobs) and its results apply to all similar jobs.

2. For similar jobs, one card of a special assessment of working conditions is filled out.

3. In relation to similar workplaces, a unified list of measures to improve the conditions and labor protection of workers is being developed.

4. A special assessment of working conditions at workplaces with territorially changing working areas, where the working area is considered to be a part of the workplace equipped with the necessary means of production, in which one employee or several workers perform similar work or technological operations, is carried out by preliminary determining typical technological operations characterized by the presence of the same harmful and (or) dangerous production factors, and the subsequent assessment of the impact on workers of these factors when performing such work or operations. The execution time of each technological operation is determined by an expert of the organization conducting a special assessment of working conditions, based on local regulations, by interviewing employees and their immediate supervisors, as well as by timing.

5. If during the course of a special assessment of working conditions at least one workplace is identified that does not meet the similarity criteria established by Article 9 of this Federal Law, from among the workplaces previously recognized as similar, a special assessment of working conditions is carried out at all workplaces recognized previously similar.

Article 17 Carrying out an unscheduled special assessment of working conditions

1. An unscheduled special assessment of working conditions should be carried out in the following cases:

1) commissioning of newly organized jobs;

2) receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with violations of the requirements of this Federal Law revealed in the course of federal state supervision of compliance with labor laws and other regulatory legal acts containing labor law norms;

3) change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;

4) change in the composition of the materials used and (or) raw materials that can affect the level of exposure to harmful and (or) hazardous production factors on workers;

5) change in the means of individual and collective protection used, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;

6) an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;

7) availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.

2. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within six months from the date of occurrence of the cases specified in paragraph 1 of this article.

Article 18

1. The results of a special assessment of working conditions, including in relation to workplaces, the working conditions at which are recognized as acceptable and declared as complying with state regulatory requirements for labor protection, are subject to transfer to the Federal State Information System for Recording the Results of a Special Assessment of Working Conditions (hereinafter - accounting information system). The obligation to transfer the results of a special assessment of working conditions rests with the organization conducting a special assessment of working conditions.

2. In the accounting information system, the objects of accounting are the following information:

1) in relation to the employer:

a) full name;

b) location and place of activity;

e) code according to the All-Russian classifier of types of economic activity;

f) the number of jobs;

g) the number of workplaces where a special assessment of working conditions was carried out;

h) distribution of jobs by classes (subclasses) of working conditions;

2) in relation to the workplace:

a) individual number of the workplace;

b) the code of the profession of the employee or employees employed at this workplace, in accordance with the All-Russian Classifier of Occupations of Workers, Positions of Employees and Wage Categories;

c) the insurance number of the individual personal account of the employee or employees employed at this workplace;

d) the number of employees employed at this workplace;

e) the class (subclass) of working conditions at a given workplace, as well as the class (subclass) of working conditions in relation to each harmful and (or) dangerous production factors, indicating their name, units of their measurement, measured values, relevant standards (hygienic standards) working conditions, the duration of the impact of these harmful and (or) hazardous production factors on the employee;

f) the basis for the formation of rights to an early retirement retirement pension (if any);

g) information about industrial accidents that have occurred over the past five years and about occupational diseases detected in workers employed at this workplace;

h) information on the quality of the results of a special assessment of working conditions (compliance or non-compliance of the results of a special assessment of working conditions with the requirements of this Federal Law in the event of an examination of the quality of a special assessment of working conditions);

3) in relation to the organization that conducted a special assessment of working conditions:

a) full name;

b) the registration number of the entry in the register of organizations conducting a special assessment of working conditions;

c) taxpayer identification number;

d) main state registration number;

e) information about the accreditation of the testing laboratory (center), including the number and validity period of the certificate of accreditation of the testing laboratory (center);

f) information about the experts of the organization that conducted the special assessment of working conditions, who participated in its conduct, including the last name, first name, patronymic, position and registration number of the entry in the register of experts of organizations conducting a special assessment of working conditions;

g) information about the measuring instruments used by the testing laboratory (center), including the name of the measuring instrument and its number in the Federal Information Fund for Ensuring the Uniformity of Measurements, the serial number of the measuring instrument, the expiration date of its verification, the date of measurements, the name of the measured harmful and (or) hazardous production factors.

3. An organization conducting a special assessment of working conditions, within ten working days from the date of approval of the report on its conduct, transfers to the accounting information system in the form of an electronic document signed with a qualified electronic signature, the information provided for in paragraph 2 of this article.

4. In the event that an organization conducting a special assessment of working conditions fails to fulfill the obligations provided for by Part 1 of this article, the employer has the right to transfer to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing norms labor law, including in electronic form, the information available to him in relation to the accounting objects specified in part 2 of this article.

5. In the case specified in paragraph 4 of this article, the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms shall transfer to the accounting information system in the form of an electronic document, signed with a qualified electronic signature, information regarding the accounting items specified in Part 2 of this Article.

6. The information contained in the accounting information system is used by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, the federal service subordinate to it and the state non-budgetary funds coordinated by it, as well as the federal executive body exercising the functions of organizing and implementing federal state sanitary and epidemiological supervision, the executive authorities of the constituent entities of the Russian Federation in the field of labor protection and insurers for the purposes specified in Article 7 of this Federal Law.

7. The procedure for the formation, storage and use of information contained in the accounting information system is established by the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of labor.

8. Participants in information interaction are obliged to maintain the confidentiality of information contained in the accounting information system, to ensure the protection of this information from unauthorized access in accordance with the legislation of the Russian Federation.

9. The operator of the accounting information system is the federal executive body, which performs the functions of developing and implementing state policy and legal regulation in the field of labor.

Chapter 3. Organizations conducting a special assessment of working conditions and experts of organizations conducting a special assessment of working conditions

Article 19 Organization conducting a special assessment of working conditions

1. An organization conducting a special assessment of working conditions must meet the following requirements:

1) an indication in the statutory documents of the organization as the main type of activity or one of its activities, a special assessment of working conditions;

2) the presence in the organization of at least five experts working under an employment contract and having an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert with higher education in one of the specialties - a doctor in general hygiene, a doctor in occupational hygiene, a doctor in sanitary and hygienic laboratory research;

3) the presence as a structural unit of a testing laboratory (center), which is accredited by the national body of the Russian Federation for accreditation in the manner prescribed by the legislation of the Russian Federation, and the scope of accreditation of which is the conduct of research (tests) and measurements of harmful and (or) hazardous factors in the production environment and the labor process provided for in paragraphs 1 - 11 and 15 - 23 of Part 3 of Article 13 of this Federal Law.

2. An organization conducting a special assessment of working conditions has the right to conduct research (tests) and measurements of harmful and (or) dangerous factors of the working environment and the labor process, provided for in clauses 12-14 and 24 of part 3 of Article 13 of this Federal Law, if conducting research (testing) and measuring these factors is the area of ​​accreditation of its testing laboratory (center), independently or engage under a civil law contract for research (testing) and measuring these factors testing laboratories (centers) accredited by the national body of the Russian Federation for accreditation in the manner prescribed by the legislation of the Russian Federation.

3. The procedure for admission of organizations to the activities of conducting a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities for conducting a special assessment of working conditions is established by the Government of the Russian Federation.

Article 20 Experts of organizations conducting a special assessment of working conditions

1. Persons who have passed certification for the right to perform work on a special assessment of working conditions and who have an expert certificate for the right to perform work on a special assessment of working conditions (hereinafter referred to as the expert certificate) are allowed to work as an expert of an organization conducting a special assessment of working conditions.

2. Attestation for the right to perform work on a special assessment of working conditions, the issuance of an expert certificate as a result of it and its cancellation are carried out by the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of labor, in the manner established Government of the Russian Federation.

3. Persons applying for an expert certificate must meet the following requirements:

1) the presence of higher education;

2) the presence of additional professional education, the content of the additional professional program of which provides for the study of issues of assessing working conditions in the amount of at least seventy-two hours;

3) experience of practical work in the field of assessment of working conditions, including in the field of attestation of workplaces in terms of working conditions, for at least three years.

4. Form of expert certificate, technical requirements to it and the instructions for filling out the expert certificate form are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.

Article 21

1. The federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor forms and maintains a register of organizations conducting a special assessment of working conditions (hereinafter referred to as the register of organizations), and a register of experts of organizations conducting a special assessment of working conditions (hereinafter referred to as the register of experts).

2. The procedure for the formation and maintenance of the register of organizations is established by the Government of the Russian Federation.

3. The procedure for the formation and maintenance of the register of experts is established by the federal executive body, which performs the functions of developing and implementing state policy and legal regulation in the field of labor.

4. The following information shall be entered in the register of organizations:

1) full name of the organization and its location;

2) taxpayer identification number;

3) main state registration number;

4) the registration number of the entry in the register of organizations;

5) the date of entering information about the organization in the register of organizations;

6) the date of the decision to suspend the activities of the organization as an organization conducting a special assessment of working conditions, and the basis for making such a decision;

7) the date of the decision to resume the activities of the organization as an organization conducting a special assessment of working conditions, and the basis for making such a decision;

8) the date of the decision to terminate the activities of the organization as an organization conducting a special assessment of working conditions, and the basis for making such a decision.

5. The following information shall be entered into the register of experts:

1) last name, first name, patronymic (if any) of the expert;

2) number, date of issue of the expert's certificate (duplicate of the expert's certificate) and expiration date of the expert's certificate (duplicate of the expert's certificate);

3) area or areas of activity within which the expert can perform work on conducting a special assessment of working conditions;

4) the date of cancellation of the expert's certificate.

6. The information specified in parts 4 and 5 of this article shall be posted on the official website of the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in the information and telecommunications network "Internet" and must be available for review to all interested parties without charging a fee.

Article 22

1. Organizations conducting a special assessment of working conditions and experts of organizations conducting a special assessment of working conditions are independent and are guided in their activities solely by the requirements of the Labor Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation regulating special assessment of working conditions.

2. A special assessment of working conditions cannot be carried out:

1) officials of executive authorities authorized to exercise state supervision (control) in the established field of activity, as well as to conduct state examination of working conditions;

2) organizations, the heads and other officials of which are founders (participants) of legal entities (employers) and at the workplaces of which a special assessment of working conditions is carried out, officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions;

3) organizations, heads and other officials of which are in close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with the founders (participants) of legal entities (employers ), at the workplaces of which a special assessment of working conditions is carried out, by officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions;

4) organizations in relation to legal entities (employers), at the workplaces of which a special assessment of working conditions is carried out and for which such organizations are founders (participants), in relation to subsidiaries, branches and representative offices of these legal entities (employers), as well as in relation to legal entities (employers) having founders (participants) in common with such an organization;

5) experts who are founders (participants) of legal entities (employers) at whose workplaces a special assessment of working conditions is carried out, heads of such organizations, officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions;

6) experts who are closely related or related (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with the founders (participants) of legal entities (employers), at workplaces which a special assessment of working conditions is carried out, by the heads of such organizations, officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions.

3. The procedure and amount of payment for the performance of work, the provision of services by organizations conducting a special assessment of working conditions, are determined by civil law contracts and cannot depend on the fulfillment of any requirements of employers and (or) their representatives regarding the results of a special assessment of working conditions, not provided for by this Federal Law.

4. Organizations conducting a special assessment of working conditions and their experts are not entitled to take actions that entail the emergence of a conflict of interest or create a threat of such a conflict (situations in which the interest of an organization conducting a special assessment of working conditions, or its expert affects or may influence the results of a special assessment of working conditions).

5. Violation by an organization conducting a special assessment of working conditions, or by an expert of the procedure for conducting a special assessment of working conditions, entails administrative liability in accordance with the Code of Administrative Offenses of the Russian Federation.

Article 23 Ensuring the fulfillment of obligations of an organization conducting a special assessment of working conditions

An organization conducting a special assessment of working conditions, during its conduct, can ensure the fulfillment of its obligations related to the risk of property liability, for obligations arising from damage to employers - customers of a special assessment of working conditions, and (or) employees, in relation to workplaces which a special assessment of working conditions was carried out, and (or) to other persons, by concluding a contract of voluntary insurance of such liability.

Article 24 Examination of the quality of a special assessment of working conditions

1. Examination of the quality of a special assessment of working conditions is carried out by the executive authorities of the constituent entities of the Russian Federation in the field of labor protection within the framework of the state examination of working conditions provided for by the Labor Code of the Russian Federation.

2. Examination of the quality of a special assessment of working conditions is carried out:

1) on the proposals of the territorial bodies of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, in connection with the implementation of measures for state control (supervision) over compliance with the requirements of this Federal Law, including on the basis of applications from employees, trade unions, their associations, other representative bodies authorized by employees, as well as employers, their associations, insurers;

2) on the basis of applications submitted directly to the body authorized to conduct an examination of the quality of a special assessment of working conditions, in accordance with part 1 of this article, from employees, trade unions, their associations, other representative bodies authorized by employees, as well as employers, their associations, insurers.

3. An examination of the quality of a special assessment of working conditions on the grounds specified in paragraph 2 of part 2 of this article is carried out on a paid basis at the expense of the applicant. Guidelines to determine the amount of payment for conducting an examination of the quality of a special assessment of working conditions, they are approved by the federal executive body authorized by the Government of the Russian Federation.

4. Disagreements on the issues of conducting an examination of the quality of a special assessment of working conditions, disagreement of the applicants referred to in Part 2 of this article with the results of an examination of the quality of a special assessment of working conditions are considered by the federal executive body responsible for the development and implementation of state policy and legal regulation in the sphere of labor, taking into account the requirements of the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services."

5. The procedure for conducting an examination of the quality of a special assessment of working conditions and the procedure for considering disagreements on the issues of conducting such an examination are established by the federal executive body authorized by the Government of the Russian Federation.

6. The results of the expert examination of the quality of a special assessment of working conditions are subject to transfer to the accounting information system in the manner established by Part 3 of Article 18 of this Federal Law. The obligation to transfer the results of the examination of the quality of a special assessment of working conditions is assigned to the body authorized to conduct an examination of the quality of a special assessment of working conditions.

Chapter 4. Final Provisions

Article 25

1. State control (supervision) over compliance with the requirements of this Federal Law is carried out by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies in accordance with the Labor Code of the Russian Federation. Federation, other federal laws and other regulatory legal acts of the Russian Federation.

2. Trade union control over compliance with the requirements of this Federal Law is carried out by labor inspectorates of the relevant trade unions in the manner established by labor legislation and the legislation of the Russian Federation on trade unions, their rights and guarantees of activity.

Article 26 Consideration of disagreements on the issues of conducting a special assessment of working conditions

1. Disagreements on the issues of conducting a special assessment of working conditions, disagreement of an employee with the results of a special assessment of working conditions at his workplace, as well as employer complaints about the actions (inaction) of an organization conducting a special assessment of working conditions, are considered by the federal executive body authorized to conducting federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies, the decisions of which can be appealed in court.

2. An employer, an employee, an elected body of a primary trade union organization or another representative body of employees has the right to appeal against the results of a special assessment of working conditions in court.

Article 27 Transitional provisions

1. Organizations accredited in the manner that were in force before the date of entry into force of this Federal Law, as organizations providing services for attestation of workplaces in terms of working conditions, have the right to conduct a special assessment of working conditions before the expiration of the existing ones on the day of entry into force of this Federal Law. of the law of accreditation certificates of testing laboratories (centers) of these organizations, but no later than December 31, 2018 inclusive. Until the date of entry into force of the federal law on accreditation in the national accreditation system, accreditation of testing laboratories (centers) is carried out in accordance with the legislation of the Russian Federation on technical regulation.

2. Organizations that are accredited in the manner that was in force before the date of entry into force of this Federal Law, as organizations providing services for attestation of workplaces in terms of working conditions, and have testing laboratories (centers) whose accreditation certificates expire in 2014, is entitled to conduct a special assessment of working conditions without taking into account the requirements established by Clause 2 of Part 1 of Article 19 of this Federal Law, until December 31, 2014 inclusive.

3. The duties of the experts of the organizations specified in parts 1 and 2 of this article may be performed by persons working in these organizations under an employment contract and admitted, in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, to work in testing laboratories (centers), as on the date of entry into force of this Federal Law, but no later than the deadlines established by Parts 1 and 2 of this Article.

4. If prior to the date of entry into force of this Federal Law in relation to workplaces certification of workplaces was carried out in terms of working conditions, a special assessment of working conditions in relation to such workplaces may not be carried out within five years from the date of completion of this certification, for except for the occurrence of the circumstances specified in Part 1 of Article 17 of this Federal Law. At the same time, for the purposes specified in Article 7 of this Federal Law, the results of this attestation carried out in accordance with the procedure that was in force before the date of entry into force of this Federal Law are used. The employer has the right to conduct a special assessment of working conditions in the manner prescribed by this Federal Law, before the expiration of the existing results of attestation of workplaces for working conditions.

5. In relation to the workplaces specified in Part 7 of Article 9 of this Federal Law, a special assessment of working conditions is carried out in accordance with the general procedure provided for by this Federal Law, until the federal executive body authorized by the Government of the Russian Federation establishes the specifics of conducting a special assessment of working conditions for such workers. places.

6. For jobs not specified in Part 6 of Article 10 of this Federal Law, a special assessment of working conditions may be carried out in stages and must be completed no later than December 31, 2018.

Article 28 The procedure for the entry into force of this Federal Law

1. This Federal Law shall enter into force on January 1, 2014, with the exception of Article 18 of this Federal Law.

3. Until January 1, 2016, the information specified in Article 18 of this Federal Law shall be transferred to the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, in the manner established by the federal an executive authority that performs the functions of developing and implementing state policy and legal regulation in the field of labor.

President of Russian Federation