According to article 212 of the Labour Code of the Russian Federation the employer is obliged to carry out attestation of workplaces on working conditions. Attestation is carried out on the basis of the order of the Ministry of Health and Social Development of the Russian Federation of April 26, 2011 № 342 N "On approval of the procedure for certification of workplaces on working conditions". Based on part two of art. 212 TC RF The certification of workplaces shall be carried out by all employers without exception. The main objective and purpose of this procedure is to improve working conditions and to identify harmful and dangerous production factors. The certification process includes:
- Hygienic assessment of workers ' working conditions;
- Evaluation of injury at the enterprise;
- Assessment of compliance with safety standards of used tools and equipment at the enterprise;
- Security of employees of the organization by means of individual protection.
Terms of Attestation
The organization determines when it needs to conduct certification. However, according to the law, it is necessary to conduct it at least once in 5 years! It is important to know that if your company has a new workplace or changed the production equipment of the workplace, it must be certify within 60 days.
Many employers confuse job certification with employee certification. It is important to understand that certified is the workplace, not the worker! For example, in your organization can work 5 people, and jobs can be 2, 3 or even 8. Some employees can perform different tasks and occupy several jobs, each of which is obliged to certify the employer!
Job Attestation and fines
Various sanctions may be applied for violation of the procedure of attestation of workplaces: from issue of orders on elimination of violations before attraction of heads and officials to administrative responsibility. Both the prosecutor's office and the Labour and Employment Inspectorate can carry out the verification of job attestation. The visit of these structures, as a rule, bodes no good.
To date, the maximum penalty for not carrying out the attestation of jobs is 50 thousand rubles. or may be held administrative suspension of the activity of the enterprise or organization for a period of up to 90 days (art. 5.27 of the Administrative Code of Russia). The penalty for officials is from 1 to 5 thousand. Rubles. However, the plans of the Ministry of Health and Social development should increase this amount several times. The increase in fines will increase the employer's responsibility for the life and health of employees and encourage many organizations to certify their jobs.
Who performs the certification?
In order to carry out the attestation, in accordance with the legislation, it is necessary to have accreditation for the provision of services in the field of occupational safety according to the order Minzdravsocrazvitie n205n from 01.04.2010. As a rule, such organizations possess own laboratory and all list of measuring equipment for carrying out of measurements. The involvement of such organizations takes place on a contractual basis.
The procedure of certification of workplaces includes:
- Formation of an order on the organization, within the framework of which a special Attestation Commission is created, which includes specialists of Attestujushhej company and employees of ATTESTUEMOJ organization.
2) The list of workplaces subject to attestation shall be determined. The list of hazardous and harmful production factors in the workplace is further established and the cost of attestation is calculated.
3) The process of performance attestation of workplaces on working conditions, in which the assessment of the degree of injury of each workplace is carried out and determined:
- Safety of used equipment, tools and materials involved in the labor process;
- Security of PPE employees and their compliance with the actual impact of harmful or dangerous factors;
- The level of awareness of each employee about activities to ensure the safety of work.
4) Registration of results of attestation of workplaces on working conditions, with the application of the corresponding package of documents:
- Reports of measurements made;
- Cards of attestation of workplaces at the enterprise;
- Plan of measures aimed at improvement of sanitary and living conditions of workers ' work;
- Statements, applications and other documents.
5) After the attestation the employer sends its results to the State Labour Inspectorate.
The received documents on the results of attestation are used in the following:
- Certification of production facilities confirming compliance with the requirements for the organization of labour protection;
- For calculation of discounts and allowances to the insurance tariff in the system of obligatory sln of workers from industrial accidents;
- Defining the terms of the employment contract and familiarizing the employee with the labour process;
- Development of a plan of measures aimed at ensuring safety of work;
- Determination of the order and amount of compensation for employees;
- To identify those responsible for the violation of labour protection requirements and to make appropriate decisions.
Cost of attestation of workplaces
The cost of attestation services depends on the number of jobs in the company. For medium and large enterprises where there are a lot of jobs there are discount systems. The average market value of attestation of 1 working place is from 1500 to 7000 rubles. Complex studies are paid separately. At the same time the cost of attestation of the welder's workplace will be higher than the cost of attestation of the accountant's workplace.
For a regular office the approximate cost of attestation of one workplace with a personal computer is about 2000 rubles.
There are organizations that offer these services at prices far below the average market prices. But it should be noted that the cheapest option can lead to significant losses in the future.
Today, the market of such services in our country is very diverse. However, from a huge mass of organizations offering attestation services, one should choose only honest and proven on the positive side of the company.