Federal Law 426 of December 28 on a special assessment of working conditions. The Federal Law “On Special Assessment of Working Conditions” came into force
Greetings, dear friends! I notify you that Federal Law No. 136-FZ dated May 1, 2016 amended Federal Law No. 426-FZ dated December 28, 2013 “On special assessment of working conditions.”
The changes provide for the possibility of declaring compliance of working conditions with state regulatory labor protection requirements in relation to workplaces where working conditions are recognized as optimal and acceptable.
It is noted that the declaration must be terminated if violations of state regulatory labor protection requirements are revealed in relation to the employee or at his workplace during the inspection.
In addition, Federal Law No. 136-FZ establishes the employer’s obligation to notify the organization that conducted the special assessment of working conditions (hereinafter referred to as the SOUT) about the approval of the report on the conduct of the SOUT.
Thus, the employer, within 3 working days from the date of approval of the report on the implementation of special assessment and assessment work, will have to:
— notify the organization that carried out the special assessment in any available way that ensures the possibility of confirming the fact of notification;
— send to the organization that conducted the special assessment work a copy of the approved report on the conduct of the special assessment work by registered mail with return receipt requested or in the form of an electronic document signed with a qualified electronic signature.
In this case, the requirements of the legislation of the Russian Federation on state and other secrets protected by law must be observed.
Federal Law No. 136-FZ also clarifies the timing of unscheduled special assessments:
- no more than 12 months - when commissioning newly organized workplaces, changing the technological process and replacing production equipment;
- no more than 6 months - for other cases provided for in Article 17 of the Federal Law on SOUT.
Also, Federal Law No. 136-FZ provides for the possibility of using, until December 31, 2020, methods (methods) for measuring harmful and (or) hazardous production factors approved for use in the manner established before the entry into force of Federal Law dated June 26, 2008 No. 102- Federal Law “On ensuring the uniformity of measurements”, that is, without their certification.
In addition, Federal Law No. 136-FZ specifies issues related to:
— transferring the results of conducting special assessments to the Federal State Information System for recording the results of conducting special assessments;
— requirements for organizations conducting special assessments and the procedure for maintaining a register of organizations conducting special assessments;
— the authority of the expert of the organization conducting the special assessment of environmental conditions in terms of identifying potentially harmful and (or) dangerous production factors.
Changes were made by Federal Law No. 136-FZ and Article 11 of Federal Law No. 27-FZ dated April 1, 1996 “On individual (personalized) registration in the compulsory pension insurance system.”
That's all I have. Until new notes!
Article 1. Subject of regulation of this Federal Law
1. The subject of regulation of this Federal Law is relations arising in connection with the conduct of a special assessment of working conditions, as well as with the implementation of the employer’s obligation to ensure the safety of workers in the course of their work activities and the rights of workers to workplaces that comply with state regulatory labor protection requirements.
2. This Federal Law establishes the legal and organizational basis and procedure for conducting a special assessment of working conditions, determines the legal status, rights, obligations and responsibilities of participants in a special assessment of working conditions.
Article 2. Regulation of special assessment of working conditions
1. The regulation of special assessment of working conditions is carried out by the Labor Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. The standards 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 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 in the working environment and the labor process (hereinafter also referred to as harmful and (or) dangerous production factors) and assessing the level of their impact on the employee, taking into account their deviation actual values from the standards (hygienic standards) established by the federal executive body authorized by the Government of the Russian Federation for working conditions and the use of personal and collective protective equipment for workers.
2. Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions in the workplace 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 the municipal service.
Article 4. Rights and obligations of the employer in connection with conducting a special assessment of working conditions
1. The employer has the right:
1) demand from the organization conducting a special assessment of working conditions a justification of the results of its conduct;
2) conduct an unscheduled special assessment of working conditions in the manner established by this Federal Law;
3) demand 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 the manner established by Article 26 of this Federal Law, the actions (inaction) of the 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 contract specified in Part 2 of Article 8 of this Federal Law, and which characterize working conditions in the workplace, as well as explanations on the issues of conducting special assessment of working conditions;
3) not to 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 implementation;
4) inform the employee in writing of 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) 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 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 the organization conducting a special assessment of working conditions
1. The organization conducting a special assessment of working conditions has the right:
1) refuse, in the manner established by this Federal Law, from conducting a special assessment of working conditions if during its conduct a threat has arisen or may arise to the life or health of employees of such an organization;
2) appeal in the prescribed manner the orders 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. The 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 workers, justification for the results of a special assessment of working conditions, as well as provide 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 established by the legislation of the Russian Federation on ensuring the uniformity of measurements, research methods (tests) and measurement techniques (methods) and the corresponding measuring instruments, verified and included in the Federal Information Fund for ensuring the uniformity of measurements;
4) not to begin conducting a special assessment of working conditions or to suspend its implementation in the following cases:
a) failure by the employer to provide the necessary information, documents and information that are provided for by the civil contract specified in Part 2 of Article 8 of this Federal Law, and which characterize working conditions in the workplace, as well as explanations on the issues of conducting a special assessment of working conditions;
b) the employer’s refusal to provide the conditions necessary for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors, in accordance with the civil contract specified in Part 2 of Article 8 of this Federal Law;
5) keep commercial and other secrets protected by law that have become known to this organization in connection with the implementation of 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 for:
1) development and implementation of measures aimed at improving the working conditions of workers;
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) hazardous production factors and about the benefits to employees engaged in work with harmful and (or) dangerous working conditions, guarantees and compensations;
3) providing workers 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 entry to work) and periodic (during employment) medical examinations of employees;
6) establishing guarantees and compensations for employees provided for by the Labor Code of the Russian Federation;
7) establishing an additional tariff for insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions in the workplace;
8) calculation of discounts (surcharges) to the insurance tariff for compulsory social insurance against industrial accidents and occupational diseases;
9) justification for financing measures to improve working conditions and safety, including through funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;
10) preparation of statistical reports on working conditions;
11) resolving the issue of the connection between diseases that have arisen in workers and the impact on workers at their workplaces of harmful and (or) dangerous production factors, as well as investigations of industrial accidents 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) determination, in cases established by federal laws and other regulatory legal acts of the Russian Federation, and taking into account state regulatory requirements for labor protection, types of sanitary services and medical support for workers, their volume and conditions for their provision;
14) making a decision to establish restrictions provided for by labor legislation for certain categories of workers;
15) assessment of levels of professional risks;
16) other purposes provided for by federal laws and other regulatory legal acts of the Russian Federation.
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 or state regulatory requirements for protection identified during the federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law standards labor contained in federal laws and other regulatory legal acts of the Russian Federation;
3) changes in the technological process, replacement of production equipment, which can influence the level of exposure to harmful and (or) hazardous production factors on workers;
4) changes in the composition of materials and (or) raw materials used that can influence the level of exposure to harmful and (or) hazardous production factors on workers;
5) changes in the used personal and collective protective equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6) an industrial accident that occurred at the workplace (except for an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the employee’s exposure to harmful and (or) dangerous production factors;
7) the presence of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers 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 twelve months from the date of occurrence of the cases specified in paragraphs 1 and 3 of part 1 of this article, and within six months from the date of occurrence of the cases specified in paragraphs 2 - 7 of part 1 of this article.
3. In the event of a change in the name, surname or patronymic (if any) of the employer - an individual entrepreneur, the reorganization of the employer - a legal entity or a change in the name of the workplace, which did not entail the occurrence of grounds for conducting an unscheduled special assessment of working conditions provided for in paragraphs 3 - and 7 Part 1 of this article, an unscheduled special assessment of working conditions may not be carried out. The decision not to conduct an unscheduled special assessment of working conditions must be made by the commission.
4. In the case of an unscheduled special assessment of working conditions, provided for in paragraph 2 of part 1 of this article, for the period until the approval of the report on its conduct, the deterioration of the situation of workers employed in the workplaces in respect of which an unscheduled special assessment of working conditions is carried out is not allowed, in part guarantees and compensation provided to them for work with harmful and (or) dangerous working conditions in comparison with their situation before a special assessment of working conditions, the results of which were obtained in violation of the requirements of this Federal Law.
Judicial practice under Article 17 of the Federal Law of December 28, 2013 No. 426-FZ
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Order No. 36/12-5754-18-I dated 10/09/2018 in relation to Selyanka LLC established that, in violation of the requirements of Art. 212 of the Labor Code of the Russian Federation, art. 17 of the Federal Law of the Russian Federation dated December 28, 2013 No. 426-FZ “On special assessment of working conditions”, a special assessment of working conditions of workplaces was not carried out at the time of the inspection by the company. ...
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"Assessment of working conditions" the employer is obliged to ensure 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. By virtue of the requirements of clause 1, part 1, part 2 of article 17 Federal Law of December 28, 2013 N 426-FZ "On special assessment...
Decision No. 21-13/2019 7-18/2019 dated February 6, 2019 in case No. 21-13/2019
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Territories of the Republic of Kalmykia, from this date the positions of a motor grader driver (5 units) and a snow and swamp-going vehicle driver (1 unit) were introduced. Thus, in accordance with Part 2 of Article 17 of Federal Law N 426-FZ, the period for conducting an unscheduled special assessment of working conditions at the specified workplace - the driver of an all-terrain vehicle at the time of the decision of the administrative body had not expired, but...
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However, the State Labor Inspectorate, after receiving the report of the director of Accent LLC, issued a Resolution on the imposition of administrative punishment No., which was subsequently overturned by a court decision dated 17. 05.2018 In addition, evidence that the jobs indicated in the staffing table of Accent LLC refer to the jobs specified in Part 6 of Part. 10 Federal Law No. –FZ, ...
Resolution of February 5, 2019 in case No. A56-75749/2018
Thirteenth Arbitration Court of Appeal (13 AAC)
Approved by order of the General Director of OKS 01 CJSC No. 3/1 dated September 30, 2011, valid for OKS 01 LLC. Letter of the Ministry of Labor of Russia dated April 24, 2015 No. 17 - 3/B-215 clarified that if, during the reorganization of the employer or its structural divisions, the working conditions at the workplace, determined based on the results of the work carried out before December 31....
Decision No. 72-142/2019 72-1797/2018 dated February 5, 2019 in case No. 72-142/2019
Sverdlovsk Regional Court (Sverdlovsk region) - Administrative offenses
In the form of a fine in the amount of 60,000 rubles for violation of the requirements provided for in Part 2 of Art. 10, clause 3, part 1, art. 15, part 1 art. 17, part 1 art. 20 of the Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions.” By the decision of the district court judge, the official’s decision was canceled, the proceedings...
Decision No. 12-183/2019 of January 30, 2019 in case No. 12-183/2019
Zheleznodorozhny District Court of Penza (Penza Region) - Administrative offenses
An unscheduled on-site inspection, during which violations were identified of paragraph 11 of part 2 of Article 212 of the Labor Code of the Russian Federation, paragraph 1 of part 2 of Article 4, Article 17, Part 6 of Article 27 of the Federal Law “On Special Assessment of Working Conditions” dated December 28, 2013 No. 426 -FZ, expressed in the fact that in the State Budgetary Institution PA "Forest Fire Center" ...
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RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT SPECIAL ASSESSMENT OF WORKING CONDITIONS
State Duma
Federation Council
Chapter 1. GENERAL PROVISIONS
Article 1. Subject of regulation of this Federal Law
1. The subject of regulation of this Federal Law is relations arising in connection with the conduct of a special assessment of working conditions, as well as with the implementation of the employer’s obligation to ensure the safety of workers in the course of their work activities and the rights of workers to workplaces that comply with state regulatory labor protection requirements.
2. This Federal Law establishes the legal and organizational basis and procedure for conducting a special assessment of working conditions, determines the legal status, rights, obligations and responsibilities of participants in a special assessment of working conditions.
Article 2. Regulation of special assessment of working conditions
1. The regulation of special assessment of working conditions is carried out by the Labor Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. The standards 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 apply.
Article 3. Special assessment of working conditions
1. A special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) dangerous factors in the working environment and the labor process (hereinafter also referred to as harmful and (or) dangerous production factors) and assessing the level of their impact on the employee, taking into account their deviation actual values from the standards (hygienic standards) established by the federal executive body authorized by the Government of the Russian Federation for working conditions and the use of personal and collective protective equipment for workers.
2. Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions in the workplace 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 the municipal service.
Article 4. Rights and obligations of the employer in connection with a special assessment of working conditions
1. The employer has the right:
1) demand from the organization conducting a special assessment of working conditions a justification of the results of its conduct;
2) conduct an unscheduled special assessment of working conditions in the manner established by this Federal Law;
3) demand 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 the manner established by Article 26 of this Federal Law, the actions (inaction) of the 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 contract specified in Part 2 of Article 8 of this Federal Law, and which characterize working conditions in the workplace, as well as explanations on the issues of conducting special assessment of working conditions;
3) not to 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 implementation;
4) inform the employee in writing of 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) 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 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 the organization conducting a special assessment of working conditions
1. The organization conducting a special assessment of working conditions has the right:
1) refuse, in the manner established by this Federal Law, from conducting a special assessment of working conditions if during its conduct a threat has arisen or may arise to the life or health of employees of such an organization;
2) appeal in the prescribed manner the orders 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. The 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 workers, justification for the results of a special assessment of working conditions, as well as provide 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 established by the legislation of the Russian Federation on ensuring the uniformity of measurements, research methods (tests) and measurement techniques (methods) and the corresponding measuring instruments, verified and included in the Federal Information Fund for ensuring the uniformity of measurements;
4) not to begin conducting a special assessment of working conditions or to suspend its implementation in the following cases:
a) failure by the employer to provide the necessary information, documents and information that are provided for by the civil contract specified in Part 2 of Article 8 of this Federal Law, and which characterize working conditions in the workplace, as well as explanations on the issues of conducting a special assessment of working conditions;
b) the employer’s refusal to provide the conditions necessary for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors, in accordance with the civil contract specified in Part 2 of Article 8 of this Federal Law;
5) keep commercial and other secrets protected by law that have become known to this organization in connection with the implementation of 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 for:
1) development and implementation of measures aimed at improving the working conditions of workers;
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) hazardous production factors and about the benefits to employees engaged in work with harmful and (or) dangerous working conditions, guarantees and compensations;
3) providing workers 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 entry to work) and periodic (during employment) medical examinations of employees;
6) establishing guarantees and compensations for employees provided for by the Labor Code of the Russian Federation;
7) establishing an additional tariff for insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions in the workplace;
8) calculation of discounts (surcharges) to the insurance tariff for compulsory social insurance against industrial accidents and occupational diseases;
9) justification for financing measures to improve working conditions and safety, including through funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;
10) preparation of statistical reports on working conditions;
11) resolving the issue of the connection between diseases that have arisen in workers and the impact on workers at their workplaces of harmful and (or) dangerous production factors, as well as investigations of industrial accidents 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) determination, in cases established by federal laws and other regulatory legal acts of the Russian Federation, and taking into account state regulatory requirements for labor protection, types of sanitary services and medical support for workers, their volume and conditions for their provision;
14) making a decision to establish restrictions provided for by labor legislation for certain categories of workers;
15) assessment of levels of professional risks;
16) other purposes provided for by federal laws and other regulatory legal acts of the Russian Federation.
Chapter 2. PROCEDURE FOR CONDUCTING A SPECIAL ASSESSMENT
WORKING CONDITIONS
Article 8. Organization of a special assessment of working conditions
1. Responsibilities for organizing and financing a special assessment of working conditions rest with 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 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 exercising 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.
4. A special assessment of working conditions in the workplace is carried out at least once every five years, unless otherwise established 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 case of a special assessment of working conditions in relation to the working conditions of employees admitted to information classified as state or other secrets 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. To organize and conduct a special assessment of working conditions, the employer forms a commission to conduct a special assessment of working conditions (hereinafter referred to as the commission), the number of members of which must be odd, and a schedule for conducting a special assessment of working conditions is 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 workers (if any). The composition and procedure for the activities of the commission are approved by order (instruction) of the employer in accordance with the requirements of this Federal Law.
3. When conducting a special assessment of working conditions at an employer classified as a small business in accordance with the legislation of the Russian Federation, the commission includes the employer - an individual entrepreneur (in person), 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 contract to perform the functions of the labor protection service (labor safety specialist), representatives of the elected body of the primary trade union organization or other representative body of workers (if any).
4. The commission is headed by the employer or his representative.
5. Before the start of work on conducting a special assessment of working conditions, the commission approves a list of workplaces at which a special assessment of working conditions will be carried out, indicating similar workplaces.
6. For the purposes of this Federal Law, similar workplaces are workplaces that are located in one or more of the same type of production premises (production areas), equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, in which workers work one and the same the same profession, position, specialty, perform the same labor functions in the same working hours while conducting 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. In relation to workplaces in organizations carrying out certain types of activities, as well as in the event that the performance of work to conduct a special assessment of working conditions creates or may create a threat to the life or health of the employee, commission members, and other persons, a special assessment of working conditions is carried out with taking into account the specifics established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body exercising the functions of developing state policy and legal regulation in the relevant field of activity, State Atomic Energy Corporation "Rosatom" and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. The list of workplaces in organizations carrying out certain types of activities in respect of which a special assessment of working conditions is carried out taking into account the specifics established by the federal executive body authorized by the Government of the Russian Federation (including if it is necessary to assess the risk of injury in workplaces), is approved by the Government of the Russian Federation taking into account the opinion Russian tripartite commission for regulation of social and labor relations.
Article 10. Identification of potentially harmful and (or) dangerous production factors
1. The identification of potentially harmful and (or) dangerous production factors means the comparison and establishment of a coincidence of the factors of the production environment and labor process existing in the workplace with the factors of the production environment and the labor process provided for by the classifier of harmful and (or) dangerous production factors approved by the federal body executive power, carrying out 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) dangerous production factors is established by the methodology for conducting a special assessment of working conditions, provided for in Part 3 of Article 8 of this Federal Law.
2. Identification of potentially harmful and (or) dangerous production factors in the workplace is carried out by an expert from an organization conducting a special assessment of working conditions. The results of identification of potentially harmful and (or) dangerous production factors are approved by a commission formed in the manner established by Article 9 of this Federal Law.
3. When identifying potentially harmful and (or) dangerous production factors at workplaces, the following must be taken into account:
1) production equipment, materials and raw materials used by workers and which are sources of harmful and (or) hazardous production factors that are identified and, if available, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon entry to work) 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 conducted at these workplaces;
3) cases of industrial injuries and (or) establishment of an occupational disease that arose in connection with the exposure of an employee to harmful and (or) dangerous production factors at his workplace;
4) proposals from employees to identify potentially harmful and (or) dangerous production factors at their workplaces.
4. If harmful and (or) dangerous production factors in the workplace are not identified, the working conditions at this workplace are considered acceptable by the commission, and research (testing) and measurements of harmful and (or) dangerous production factors are not carried out.
5. If harmful and (or) dangerous production factors in the workplace are identified, the commission makes a decision 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) dangerous production factors is not carried out in relation to:
1) workplaces of workers, professions, positions, specialties of which are included in the lists of relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which the early assignment of an old-age labor pension is carried out;
2) workplaces in connection with the work in which employees, in accordance with legislative and other regulatory legal acts, are provided with guarantees and compensation for working under harmful and (or) dangerous working conditions;
3) workplaces where, based on the results of previously conducted certification of workplaces for working conditions or a special assessment of working conditions, harmful and (or) dangerous working conditions were established.
7. The list of harmful and (or) dangerous production factors subject to research (testing) and measurements 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) hazardous production factors have not been identified based on the results of identification, the employer submits 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 labor law standards, at the place of its location, a declaration of compliance of working conditions with state regulatory labor protection requirements.
2. The form and procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection are established by the federal executive body exercising the functions of developing and implementing 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 , carrying out the functions of developing and implementing state policy and legal regulation in the field of labor.
4. The declaration of compliance of working conditions with state regulatory labor protection requirements 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. If, during the period of validity of the declaration of compliance of working conditions with state regulatory labor protection requirements, an industrial accident occurs with an employee employed at the workplace in respect of which this declaration was adopted (except for an industrial accident that occurred due to the fault of third parties) persons) or has been diagnosed with an occupational disease, the cause of which was the employee’s exposure to harmful and (or) dangerous production factors, in relation to such 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 labor protection requirements is made 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 part 5 of this article, a corresponding entry is made in the register of declarations of compliance of working conditions with state regulatory labor protection requirements.
7. Upon expiration of the validity period of the declaration of compliance of working conditions with state regulatory labor protection requirements and in the absence of the circumstances specified in Part 5 of this article during its validity, the validity period 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 measurements.
2. The list of harmful and (or) dangerous production factors subject to research (testing) and measurements is compiled by the commission based on state regulatory requirements for labor protection, characteristics of the technological process and production equipment, materials and raw materials used, the results of previously conducted research (tests) and measurements of harmful and (or) dangerous production factors, as well as based on suggestions from employees.
3. Research (testing) and measurements of actual values of harmful and (or) hazardous production factors are carried out by a 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, research (test) methods and measurement techniques (methods) and corresponding means must be used, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements measurements that have been verified and entered into the Federal Information Fund for Ensuring the Uniformity of Measurements.
5. Research (test) methods and techniques, methods for measuring harmful and (or) hazardous production factors, the composition of experts and other workers conducting these studies (tests) and measurements are determined independently by the organization conducting the special assessment of working conditions.
6. The results of studies (tests) and measurements of harmful and (or) dangerous 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 research (tests) and measurements of harmful and (or) dangerous production factors, the results of research (tests) and measurements of harmful and (or) hazardous production factors carried out by a testing laboratory (center) accredited in accordance with the legislation of the Russian Federation can be used ) when carrying out production control over working conditions organized in the established manner at workplaces, but not earlier than six months before conducting a special assessment of working conditions. The decision on the possibility of using these results when conducting a special assessment of working conditions is made by a commission on the recommendation of an expert from the organization conducting the special assessment of working conditions.
8. Based on the results of research (tests) and measurements of harmful and (or) dangerous production factors, an expert from an organization conducting a special assessment of working conditions classifies working conditions in 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) dangerous production factors in the event that carrying out these studies (tests) and measurements at workplaces may pose a threat to the lives of workers, experts and (or) other employees of the organization conducting a special assessment of working conditions, as well as other persons. Working conditions in such workplaces belong to the dangerous class of working conditions without conducting appropriate research (tests) and measurements.
10. The decision on the impossibility of conducting research (tests) and measurements on the basis specified in part 9 of this article is documented in a commission protocol containing the rationale for making this decision and which is an integral part of the report on the special assessment of working conditions.
11. The employer, within ten working days from the date of adoption of the decision specified in part 9 of this article, sends 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 labor law norms, at its location, a copy of the commission’s protocol containing this decision.
Article 13. 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
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, airborne 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 the radio frequency range and optical range (laser and ultraviolet), ionizing radiation, microclimate parameters (air temperature, relative air humidity, air speed, infrared radiation), parameters of the light environment (artificial lighting (illumination) of the working surface);
2) chemical factors - chemical substances and mixtures measured in the air of the working area and on the skin of workers, including some substances of biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) for control of the content of which uses chemical analysis methods;
3) biological factors - producing microorganisms, living cells and spores contained in bacterial preparations, pathogenic microorganisms - causative agents 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 stress on the 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 employee.
3. The testing laboratory (center) conducts research (tests) and measurements of the following harmful and (or) dangerous factors in 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) the strength of the alternating magnetic field of electromagnetic radiation in the radio frequency range;
10) intensity of ultraviolet radiation sources in the wavelength range 200 - 400 nanometers;
11) irradiance in the wavelength ranges UV-A (= 400 - 315 nanometers), UV-B (= 315 - 280 nanometers), UV-C (= 280 - 200 nanometers);
12) energy exposure of laser radiation;
13) ambient dose equivalent rate of gamma radiation, X-ray and neutron radiation;
14) radioactive contamination of production premises, elements of production equipment, personal protective equipment and the skin of workers;
15) sound level;
16) general infrasound sound pressure level;
17) air ultrasound;
18) general and local vibration;
19) illumination of the working surface;
20) the concentration of harmful chemical substances, 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 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 goods being moved, the angle of inclination of the worker’s body and the number of inclinations per working day (shift), the time of holding the load, the number of stereotypical work movements);
a) consists of dispatching production processes, driving vehicles (duration of concentrated observation, density of signals (light, sound) and messages per unit of time, number of production objects of simultaneous observation, load on the auditory analyzer, time of active monitoring of the progress of the production process);
b) consists of servicing conveyor-type production processes (the duration of a single operation, the number of elements (techniques) necessary to implement a single operation);
c) is associated with long-term work with optical instruments;
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 exercising the functions of developing and implementing state policy and legal regulation in the field of labor, together with the federal executive body exercising the functions of developing 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 exercising the functions of 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 in 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, acceptable, harmful and dangerous working conditions.
2. Optimal working conditions (class 1) are working conditions under which there is no exposure to harmful and (or) hazardous production factors on the employee or the levels of exposure of which do not exceed the levels established by standards (hygienic standards) of working conditions and accepted as safe for humans , and the prerequisites are created to maintain a high level of employee performance.
3. Acceptable working conditions (class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of 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 period or at 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, in a longer period than before the next working day (shift), the cessation of exposure to these factors, and the risk of health damage 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 of which can cause persistent functional changes in the employee’s body, leading to the appearance and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of professional ability) arising after prolonged exposure (fifteen years or more);
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 of which can cause persistent functional changes in the employee’s body, leading to the appearance and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of working activity;
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 of which can lead to the emergence and development of severe forms of occupational diseases (with loss of general working capacity) during the period labor activity.
5. Hazardous working conditions (class 4) are working conditions in which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure to which during the entire working day (shift) or part of it can create a threat to the life of the employee, and the consequences of exposure These factors cause a high risk of developing an acute occupational disease during working life.
6. If workers employed in workplaces with hazardous working conditions use effective personal protective equipment that has undergone mandatory certification in the manner established by the relevant technical regulations, the class (subclass) of working conditions may be reduced by the commission on the basis of the expert opinion of the organization conducting the special assessment of working conditions, one degree in accordance with the methodology approved by the federal executive body, which 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, carrying out the functions of organizing and implementing the 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. In agreement with the territorial body of the federal executive body exercising the functions of organizing and implementing federal state sanitary and epidemiological supervision, at the location of the relevant workplaces, it is allowed to reduce the class (subclass) of working conditions by more than one degree in accordance with the methodology specified in part 6 of this article.
8. With regard to workplaces in organizations carrying out certain types of activities, a reduction in the class (subclass) of working conditions can be carried out in accordance with industry specifics approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field labor, in agreement with the federal executive body exercising the functions of 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 in the workplace are established by the methodology for conducting a special assessment of working conditions provided for in Part 3 of Article 8 of this Federal Law.
Article 15. Results of a special assessment of working conditions
1. The organization conducting a special assessment of working conditions draws up a report on its implementation, which includes the following results of the special assessment of working conditions:
1) information about the organization conducting a special assessment of working conditions, accompanied by 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) hazardous production factors that were identified at these workplaces;
3) cards for a special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting the special assessment of working conditions;
4) protocols for conducting research (tests) and measuring identified harmful and (or) hazardous production factors;
5) protocols for assessing the effectiveness of personal protective equipment;
6) protocol of the commission containing a decision on the impossibility of conducting research (tests) and measurements on the basis specified in Part 9 of Article 12 of this Federal Law (if such a decision exists);
7) summary sheet of special assessment of working conditions;
8) a list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out;
9) conclusions of an expert from an 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 express in writing a reasoned dissenting opinion, which is attached to this report.
3. The form of the report on the special assessment of working conditions and instructions for filling it out are approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor.
4. In relation to workplaces where harmful and (or) hazardous production factors have not been identified, the report on the special assessment of working conditions shall indicate 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 within 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 incapacity for work of the employee, being on vacation or a business trip, or 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 posting on its official website on the information and telecommunications network "Internet" (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 working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out, no later than 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 workplaces are identified, a special assessment of working conditions is carried out in relation to 20 percent of workplaces from the total number of such workplaces (but not less than two workplaces) and its results are applied to all similar workplaces.
2. For similar workplaces, one special assessment card of working conditions is filled out.
3. For similar workplaces, a unified list of measures is being developed to improve the working conditions and safety of workers.
4. A special assessment of working conditions in workplaces with geographically varying 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 employees perform similar work or technological operations, is carried out by preliminary determination of typical technological operations characterized by the presence of identical harmful and (or) dangerous production factors, and subsequent assessment of the impact on workers of these factors when performing such work or operations. The time for performing each technological operation is determined by an expert of the organization conducting a special assessment of working conditions, based on local regulations, by interviewing workers and their immediate supervisors, and also by timekeeping.
5. If, during a special assessment of working conditions, at least one workplace is identified that does not meet the criteria of similarity 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. Conducting 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 workplaces;
2) the employer receives 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 identified during federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law standards;
3) changes in the technological process, replacement of production equipment, which can influence the level of exposure to harmful and (or) hazardous production factors on workers;
4) changes in the composition of materials and (or) raw materials used that can influence the level of exposure to harmful and (or) hazardous production factors on workers;
5) changes in the used personal and collective protective equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6) an industrial accident that occurred at the workplace (except for an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the employee’s exposure to harmful and (or) dangerous production factors;
7) the presence of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers 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 part 1 of this article.
Article 18. Federal state information system for recording the results of a special assessment of working conditions
1. The results of a special assessment of working conditions, including in relation to workplaces where working conditions are recognized as acceptable and are 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 responsibility for transmitting the results of a special assessment of working conditions rests with the organization conducting the special assessment of working conditions.
2. In the accounting information system, the following information is the accounting objects:
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 Activities;
f) 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 workplace number;
b) code of the profession of the worker or workers employed at a given workplace, in accordance with the All-Russian Classifier of Worker Professions, Employee Positions and Tariff Classes;
c) insurance number of the individual personal account of the employee or employees employed at this workplace;
d) the number of workers employed at this workplace;
e) class (subclass) of working conditions at a given workplace, as well as class (subclass) of working conditions in relation to each harmful and (or) dangerous production factor, indicating their name, units of measurement, measured values, relevant standards (hygienic standards) working conditions, duration of exposure to these harmful and (or) hazardous production factors on the employee;
f) the basis for the formation of rights to an early retirement pension in old age (if any);
g) information about industrial accidents that have occurred over the past five years and about occupational diseases identified among 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 case 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) 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 accreditation certificate of the testing laboratory (center);
f) information about the experts of the organization that conducted the special assessment of working conditions and who participated in its implementation, including the last name, first name, patronymic, position and registration number of the entry in the register of experts of organizations conducting the 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 names of the harmful substances measured and (or) hazardous production factors.
3. The 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 Part 2 of this article.
4. If the organization conducting a special assessment of working conditions fails to fulfill the responsibilities provided for in 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, information available to him regarding the accounting objects specified in part 2 of this article.
5. In the case specified in part 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 transmits to the accounting information system in the form of an electronic document, signed with a qualified electronic signature, information regarding the accounting objects specified in Part 2 of this article.
6. The information contained in the accounting information system is used by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of labor, the federal service subordinate to it and the state extra-budgetary funds coordinated by it, as well as the federal executive body carrying out the functions of organizing and implementing federal state sanitary and epidemiological supervision, 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 exercising 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 and 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 carries out the functions of developing and implementing state policy and legal regulation in the field of labor.
Chapter 3. ORGANIZATIONS CONDUCTING SPECIAL ASSESSMENT
WORKING CONDITIONS, AND EXPERTS OF ORGANIZATIONS CONDUCTING
SPECIAL ASSESSMENT OF WORKING CONDITIONS
Article 19. Organization conducting a special assessment of working conditions
1. The organization conducting a special assessment of working conditions must meet the following requirements:
1) an indication in the organization’s statutory documents as the main type of activity or one of its types of activity to carry out 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 who has a higher education in one of the specialties - a general hygiene doctor, a doctor in occupational hygiene, doctor for sanitary and hygienic laboratory research;
3) the presence as a structural unit of a testing laboratory (center), which is accredited by the national accreditation body of the Russian Federation in the manner established by the legislation of the Russian Federation, and the scope of accreditation of which is conducting research (tests) and measurements of harmful and (or) hazardous factors in the working 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. The organization conducting a special assessment of working conditions has the right to conduct research (tests) and measurements of harmful and (or) dangerous factors in the working environment and the labor process, provided for in paragraphs 12 - 14 and 24 of part 3 of article 13 of this Federal Law, if conducting research (tests) and measurements of these factors is the scope of accreditation of its testing laboratory (center), independently or by engaging, under a civil contract, testing laboratories (centers) accredited by the national accreditation body of the Russian Federation to carry out research (tests) and measurements of these factors in the manner established by the legislation of the Russian Federation.
3. The procedure for admitting organizations to carry out a special assessment of working conditions, their registration in the register of organizations carrying out a special assessment of working conditions, suspension and termination of activities to conduct a special assessment of working conditions is established by the Government of the Russian Federation.
Article 20. Experts from organizations conducting a special assessment of working conditions
ConsultantPlus: note.
The duties of experts of the organizations specified in parts 1 and 2 of Article 27 are entitled to be performed by persons working in these organizations under an employment contract and admitted in the manner established by the legislation on technical regulation to work in testing laboratories (centers), as of the date of entry into force force of this Federal Law, but no later than the deadlines established by these parts (Part 3 of Article 27 of this document).
1. Persons who have passed certification for the right to perform work on a special assessment of working conditions and 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. Certification 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 exercising 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) 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 an amount of at least seventy-two hours;
3) having practical experience in the field of assessing working conditions, including in the field of certification of workplaces for working conditions, for at least three years.
4. The form of the expert certificate, technical requirements for it and instructions for filling out the expert certificate form are established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor.
Article 21. Register of organizations conducting a special assessment of working conditions, and a register of experts of organizations conducting a special assessment of working conditions
1. The federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the sphere of labor, creates 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 forming and maintaining a register of organizations is established by the Government of the Russian Federation.
3. The procedure for forming and maintaining a register of experts is established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor.
4. The following information is entered into the register of organizations:
1) full name of the organization and its location;
2) taxpayer identification number;
3) main state registration number;
4) registration number of the entry in the register of organizations;
5) the date of entering information about the organization into the register of organizations;
6) the date of the decision to suspend the organization’s activities 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 organization’s activities as an organization conducting a special assessment of working conditions, and the basis for making such a decision.
5. The following information is 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 certificate (duplicate of the expert certificate) and expiration date of the expert certificate (duplicate of the expert certificate);
3) the area or areas of activity within which the expert can perform work to conduct a special assessment of working conditions;
4) date of cancellation of the expert certificate.
6. The information specified in parts 4 and 5 of this article is subject to posting on the official website of the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor, on the information and telecommunications network "Internet" and should be available for review to all interested parties without charging a fee.
Article 22. Independence of organizations conducting a special assessment of working conditions, and experts of organizations conducting a special assessment of working conditions
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 exclusively 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 governing special assessment of working conditions.
2. A special assessment of working conditions cannot be carried out:
1) officials of executive authorities authorized to carry out state supervision (control) in the established field of activity, as well as to conduct state examination of working conditions;
2) organizations whose managers and other officials are founders (participants) of legal entities (employers) and at whose workplaces 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 whose managers and other officials 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 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 whose workplaces 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) who have common founders (participants) 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), in the workplace 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, provision of services by organizations conducting a special assessment of working conditions are determined by civil 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 do not have the right to carry out actions that entail a conflict of interest or create a threat of such a conflict (situations in which the interest of the organization conducting a special assessment of working conditions or its expert influences or may influence the results of a special assessment of working conditions).
5. Violation of the procedure for conducting a special assessment of working conditions by an organization conducting a special assessment of working conditions or by an expert entails administrative liability in accordance with the Code of the Russian Federation on Administrative Offenses.
Article 23. Ensuring the fulfillment of obligations of the 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 associated with 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 whom a special assessment of working conditions was carried out, and (or) other persons, by concluding a voluntary insurance agreement for such liability.
Article 24. Examination of the quality of a special assessment of working conditions
1. An examination of the quality of a special assessment of working conditions is carried out by 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. An examination of the quality of a special assessment of working conditions is carried out:
1) on submissions from 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) upon 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, and insurers.
3. An examination of the quality of a special assessment of working conditions on the basis specified in paragraph 2 of part 2 of this article is carried out on a paid basis at the expense of the applicant. Methodological recommendations for determining the amount of payment for conducting an examination of the quality of a special assessment of working conditions 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 specified 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 exercising the functions of developing and implementing state policy and legal regulation in the field 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 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 responsibility for transmitting the results of an examination of the quality of a special assessment of working conditions rests with the body authorized to conduct an examination of the quality of a special assessment of working conditions.
Chapter 4. FINAL PROVISIONS
Article 25. State control (supervision) and trade union control over compliance with the requirements of this Federal Law
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 inspectors 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 issues of conducting a special assessment of working conditions
1. Disagreements on the issues of conducting a special assessment of working conditions, an employee’s disagreement with the results of a special assessment of working conditions at his workplace, as well as complaints from the employer about the actions (inaction) of the organization conducting the 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, whose decisions can be appealed in court.
2. An employer, employee, elected body of a primary trade union organization or other representative body of workers has the right to appeal the results of a special assessment of working conditions in court.
Article 27. Transitional provisions
1. Organizations accredited in accordance with the procedure in force before the entry into force of this Federal Law, as organizations providing services for certification of workplaces for working conditions, have the right to conduct a special assessment of working conditions before the expiration of the validity period of those existing on the day of entry into force of this Federal Law 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 entry into force of this Federal Law, as organizations providing services for certification of workplaces for working conditions, and have testing laboratories (centers) whose accreditation certificates are expiring in 2014, has the right to conduct a special assessment of working conditions without taking into account the requirements established by paragraph 2 of part 1 of Article 19 of this Federal Law, until December 31, 2014 inclusive.
3. The duties of experts of the organizations specified in parts 1 and 2 of this article are entitled to be performed by persons working in these organizations under an employment contract and admitted in the manner established by the legislation of the Russian Federation on technical regulation to work in testing laboratories (centers), according to the state on the day this Federal Law comes into force, but no later than the deadlines established by parts 1 and 2 of this article.
4. If, before the entry into force of this Federal Law, certification of workplaces for working conditions was carried out in relation to workplaces, 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 in cases where circumstances specified in Part 1 of Article 17 of this Federal Law arise. In this case, for the purposes specified in Article 7 of this Federal Law, the results of this certification, carried out in accordance with the procedure in force before the 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 established by this Federal Law before the expiration of the existing results of certification 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 the general manner 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. In relation to workplaces not specified in Part 6 of Article 10 of this Federal Law, a special assessment of working conditions can 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 comes into force on January 1, 2014, with the exception of Article 18 of this Federal Law.
3. Before January 1, 2016, the information specified in Article 18 of this Federal Law is 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 body that carries out the functions of developing and implementing state policy and legal regulation in the field of labor.
The president
Russian Federation
Moscow Kremlin
What classes of working conditions are established by law?
- 1. Working conditions According to the degree of harmfulness and (or) danger, they are divided into four classes - optimal, acceptable, harmful and dangerous working conditions.
- 2. Optimal working conditions(class 1) are working conditions in which there is no exposure to harmful and (or) hazardous production factors on the employee or the levels of exposure of which do not exceed the levels established by the standards (hygienic standards) of working conditions and accepted as safe for humans, and the prerequisites are created for maintaining a high level of employee performance.
- 3. Acceptable working conditions(class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of 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 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 standards (hygienic standards) for 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, after a longer period than before the start of the next working day (shifts), cessation of exposure to these factors, and the risk of health damage 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 of which can cause in the employee’s body, leading to the emergence and development of initial forms of occupational diseases or mild occupational diseases severity (without loss of professional ability) arising after prolonged exposure (15 years or more);
- 3)subclass 3.3(harmful working conditions of the 3rd degree) - working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which can cause persistent functional changes in the body of an employee, leading to the appearance and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) in period of labor activity;
- 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 of which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) during the period of working activity .
- 5.Hazardous working conditions(class 4) are working conditions in which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which are during the entire working day (shift) or part of it can pose a threat to life employee, and the consequences of exposure to these factors lead to a high risk of developing an acute occupational disease during work.
- 6. If workers employed in workplaces with hazardous working conditions use effective personal protective equipment that has undergone mandatory certification in the manner established by the relevant technical regulations, the class (subclass) of working conditions may be reduced by the commission on the basis of an expert opinion from an organization conducting a special assessment of working conditions, by one degree in accordance with the methodology approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body , carrying out the functions of 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. In agreement with the territorial body of the federal executive body exercising the functions of organizing and implementing federal state sanitary and epidemiological supervision, at the location of the relevant workplaces reduction of class (subclass) is allowed working conditions by more than one degree in accordance with the methodology specified in part 6 of this article.
- 8. With regard to jobs in organizations carrying out certain types of activities, reduction of class (subclass) working conditions can be carried out in accordance with industry specifics, approved 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 carries out the functions of organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for regulation of social and labor relations.
- 9. The criteria for classifying working conditions in the workplace are established by the methodology for conducting a special assessment of working conditions provided for in Part 3 of Article 8 of this Federal Law.
Article 15 of Law No. 426-FZ
Results of the special assessment
- 1. The organization conducting a special assessment of working conditions draws up a report on its implementation, which includes the following results of the special assessment of working conditions:
- 1) information about the organization conducting a special assessment of working conditions, attaching copies of documents confirming its compliance with the requirements established by Article 19 of this Federal Law;
- 2) list of jobs, where a special assessment of working conditions was carried out, indicating the harmful and (or) hazardous production factors that were identified at these workplaces;
- 3)cards for special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting a special assessment of working conditions;
- 4) research protocols(tests) and measurements of identified harmful and (or) hazardous production factors;
- 5) protocols for assessing the effectiveness of personal protective equipment;
- 6) commission protocol, containing a decision on the impossibility of conducting research (tests) and measurements on the basis specified in Part 9 of Article 12 of this Federal Law (if such a decision exists);
- 7) consolidated statement special assessment of working conditions;
- 8) list of events to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out;
- 9) expert opinions 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 reasoned dissenting opinion, which is attached to this report.
- 3. Report form on conducting a special assessment of working conditions and instructions for filling it out are approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor.
- 4. In relation to workplaces in which harmful and (or) hazardous production factors not identified, the report on the special assessment of working conditions contains 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 on time no later than 30 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 incapacity for work of the employee, being on vacation or a business trip, or 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 posting on its official website on the information and telecommunications network Internet (if such a site exists) of summary data on the results of a special assessment of conditions labor in terms of establishing classes (subclasses) of working conditions in the workplace and a list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out, no later than 30 calendar days from the date of approval of the report on the conduct special assessment of working conditions.
Article 16 of Law No. 426-FZ
What special assessment features are available at individual workplaces?
- 1. When similar workplaces are identified, a special assessment of working conditions is carried out in relation to 20 percent of workplaces from the total number of such workplaces (but not less than two workplaces), and its results are applied to all similar workplaces.
- 2. Similar jobs are filled one card special assessment of working conditions.
- 3. For similar workplaces, a unified list of measures is being developed to improve the working conditions and safety of workers.
- 4. A special assessment of working conditions in workplaces with geographically varying 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 employees perform similar work or technological operations, is carried out by preliminary determination of typical technological operations characterized by the presence of identical harmful and (or) dangerous production factors, and subsequent assessment of the impact on workers of these factors when performing such work or operations. The time for performing each technological operation is determined by an expert of the organization conducting a special assessment of working conditions, based on local regulations, by interviewing workers and their immediate supervisors, and also by timekeeping.
- 5. If during a special assessment of working conditions at least one workplace, which does not correspond to the criteria of similarity 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 previously recognized as similar.
Article 17 of Law No. 426-FZ
When is an unscheduled special assessment carried out?
- 1. An unscheduled special assessment of working conditions should be carried out in the following cases:
- 1) commissioning newly organized jobs;
- 2) receipt by the employer instructions of the state labor inspector on conducting an unscheduled special assessment of working conditions in connection with violations of the requirements of this Federal Law identified during federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law standards;
- 3) process change, replacement of production equipment that can influence 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 influence the level of exposure to harmful and (or) hazardous production factors on workers;
- 5) change in the personal and collective protective equipment used, which can influence the level of exposure to harmful and (or) hazardous production factors on workers;
- 6) happened in the workplace accident at work (except for an accident at work that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the employee’s exposure to harmful and (or) dangerous production factors;
- 7) availability motivated proposals elected bodies of primary trade union organizations or other representative body of workers 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 part 1 of this article.
