To date, 32 different tariffs for accident insurance premiums have been established: a separate tariff for each class of occupational risk, of which there are also 32 (). All types of economic activity are assigned to one of these classes (Classification of types of economic activity, approved by Order of the Ministry of Labor of December 30, 2016 N 851n).
One class includes activities with similar indicators of industrial injuries, occupational diseases and, as a result, the cost of providing for insurance (Article 3 of the Law of July 24, 1998 N 125-FZ). The higher the class (the risk that an employee may be injured or ill because he is engaged in this type of activity), the higher the rate of premiums for accident insurance.
For example, publishing (OKVED code - 58.1) belongs to the 1st class of professional risk. And the injury premium rate for publishers is set at 0.2%. And peat extraction (OKVED code - 08.92.1) is already the 18th risk class. And the contribution rate for such organizations is 2.3%.
Formally, the rates are set annually (Article 21 of the Law of July 24, 1998 N 125-FZ). But in reality, their meanings have not changed since 2006 (Article 1 of the Federal Law of December 31, 2017 N 484-FZ, Article 1 of the Law of December 22, 2005 N 179-FZ). The current injury insurance premium rates for 2018 are shown in the table.
| Insurance rate, % | Occupational risk class | Insurance rate, % | |
|---|---|---|---|
| I | 0,2 | XVII | 2,1 |
| II | 0,3 | XVIII | 2,3 |
| III | 0,4 | XIX | 2,5 |
| IV | 0,5 | XX | 2,8 |
| V | 0,6 | XXI | 3,1 |
| VI | 0,7 | XXII | 3,4 |
| VII | 0,8 | XXIII | 3,7 |
| VIII | 0,9 | XXIV | 4,1 |
| IX | 1,0 | XXV | 4,5 |
| X | 1,1 | XXVI | 5,0 |
| XI | 1,2 | XXVII | 5,5 |
| XII | 1,3 | XXVIII | 6,1 |
| XIII | 1,4 | XXIX | 6,7 |
| XIV | 1,5 | XXX | 7,4 |
| XV | 1,7 | XXXI | 8,1 |
| XVI | 1,9 | XXXII | 8,5 |
How can the policyholder find out his rate of contributions "for injuries"
The specific class of occupational risk and, accordingly, the tariff is determined depending on the main type of economic activity (OKVED code) that the insured was engaged in last year (clause 8 of the Rules, approved by Decree of the Government of the Russian Federation of 01.12.2005 N 713).
The organization must annually confirm its main type of economic activity for the past year (clause 11 of the Rules, approved by Decree of the Government of the Russian Federation of 01.12.2005 N 713). To do this, no later than April 15 of each year, send to your department of the FSS (clause 3 of the Procedure, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated January 31, 2006 N 55):
- an application for confirmation of the main type of economic activity in the approved form (Appendix N 1 to the Procedure, approved by Order of the Ministry of Health and Social Development of 31.01.2006 N 55);
- a confirmation certificate of this type of activity, also in the form (Appendix N 2 to the Procedure, approved by Order of the Ministry of Health and Social Development of 31.01.2006 N 55);
- a copy of the explanatory note to the balance sheet for the previous year.
The last document has the right not to be submitted by insurers who belong to small businesses.
Based on the documents received, the FSS sets a tariff for the payer from the beginning current year.
Insurance premiums are mandatory payments that the company transfers to a special account on a monthly basis. This is monetary compensation in defense of the interests of an employee injured at work. Regardless of the fact that the payments are regular and are made for each employee individually, the funds are paid after the occurrence of an insured event.
In the FSS, the accident rates in 2017 remain the same as in the previous one, but the administration itself has undergone some changes. Next, let's look at the features of calculating insurance premiums!
Who is the payer?
The payers of contributions in case of injury are legal entities (enterprises of all forms of ownership) and individual entrepreneurs for their employees. Charged on the amount.
For employees with whom a GPC agreement is concluded, where insurance conditions are not prescribed, the employer is not required to contribute funds.
The list of payments does not include:
- one-time financial assistance;
- sick leave payments;
- severance pay;
- amounts that are paid in case of harm caused at work;
- some other payments are determined by law.
You can find out in detail about the amounts of payments for which injury contributions are not charged by reading Federal Law No. 125.
Injury deductions are made for the following types of income:
- salary;
- premium;
- vacation pay;
- allowances.
Deductions are not made for targeted state payments, expenses for staff development, payments in case of liquidation of an enterprise.
FSS tariffs 2017 against accidents
In order for an entrepreneur to find out what injury rate he needs to pay, he needs to know the main type of activity of the organization. There are 32 classes in total, which include a list of species grouped according to occupational risk classes. Each is assigned an individual OKVED code.
From 01/01/2017, order No. 851Н is in force. It defines new classification rules. The type of activity is confirmed annually. In order for the FSS authorities to set a tariff at which the injury rate will be calculated, supporting documents must be sent before April 15 of the current year:
- certificate of the approved form;
- confirmation statement;
- deciphering the balance sheet for enterprises for the previous period. Individual entrepreneurs are not required to submit reports.
Application forms and certificates can be viewed in the annexes to order No. 55 of the Ministry of Health and Social Development.
In the FSS, the 2017 tariffs for accidents range from 0.2 to 8.5.
If the taxpayer does not provide documents, then the FSS will independently assign an occupational risk class, while the highest rate is chosen - 8.5. Therefore, documents must be submitted on time, because it will be impossible to challenge the tariff, according to the new rules in force from this year.
Method of calculation
Accident insurance premiums in 2017 are calculated by the accountant on a monthly basis by multiplying the premium base by the tariff rate.
The contribution base is the amount of money that the employee received in the reporting month. This may include not only wages, but also other monetary rewards discussed above. It is calculated as the difference between payments under an employment contract and non-taxable contributions.
Example. The Krasny Luch enterprise is engaged in the extraction of cobalt ore - 07.29.22. This is 32 risk class. For this group, a tariff of 8.5 has been assigned, since this is a dangerous type of activity, injuries received at work can have serious consequences, entailing large financial expenses. The salary fund of employees in March 2017 - 2.4 million rubles. Some employees received material assistance in the amount of 17,000 rubles. Based on this:
- contribution base = 2400000-17000 = 2383000 rubles;
- the amount of deductions \u003d 2383000 * 8.5% \u003d 202555 rubles.
The amount received is deducted by the company to a special account in the FSS.
Preferential rates
In 2017, reduced rates continue to apply for certain types of activities:
- enterprises that are classified as preferential - charity, construction, education, healthcare, etc., if they receive an annual income of no more than 79 million rubles;
- pharmaceutical staff of pharmacies;
- an enterprise that conducts financial activities in the free economic zones defined by law;
- IT companies;
Most of the powers from 01/01/2017 passed from the FSS to the National Assembly. It controls the regularity of deductions by persons conducting business activities, debt collection, and reporting analyses.
Main changes:
- reports are submitted for the first quarter, six months and 9 months. Contain only the calculation algorithm;
- a calendar year is taken for the billing period;
- the forms of some documents have undergone changes: the forms of forms No. 22-24 began to operate;
- deadlines for submitting reports to the authorities have been moved.
Tariffs, categories of beneficiaries, payers have not changed at all.
Insurance against accidents at work in 2017 in the Russian Federation is mandatory. It provides protection to the employee and can be paid in the form of temporary disability benefits, one-time or monthly insurance payment, additional payment for treatment, rehabilitation. The benefit cannot be more than the sum of four monthly insurance payments.
This type of payment is assigned to an employee after a medical examination, if he has partially or completely temporarily lost the ability to work. In case of death, the next of kin (husband/wife, children) is entitled to such funds. The amount is fixed, one-time, is 1 million rubles.
Monthly payments can be indexed. The procedure is determined by the government of the Russian Federation. The maximum amount of such amounts in 2017 is 72,290.4 rubles, lump sums - 94,018 rubles.
The rates of insurance premiums and the calculation method did not change in 2017. The main thing is to submit reports on time and confirm the type of activity.
Firms and private entrepreneurs using hired labor are required to make insurance contributions to personnel. The FSS rate in 2017 (table) remained unchanged compared to the previous period, but contributions, with the exception of expenses related to occupational diseases and injuries, were transferred to the administration of the Federal Tax Service. This means the emergence of important innovations for the accountant.
Since 2017, the powers of extra-budgetary funds to accept payments, receive debts and verify the accounts of companies and individual entrepreneurs have been transferred to the Federal Tax Service. The reason for this decision is the poor collection of contributions and the need to tighten control. The provisions of 212-FZ came to replace the previous chapter 34 of the Tax Code of the Russian Federation.
The only exception is contributions for occupational diseases and injuries. They continue to be fully administered by the FSS. For steel deductions, the following will remain unchanged:
- a list of economic entities that must make mandatory contributions;
- billing period - 12 months;
- dates for which reporting on contributions is generated: 3, 6, 9 months of the year;
- the grounds on which the reduced FSS rate is applied;
- the procedure for determining the base for calculating the amount of deductions to the IFTS and the FSS.
In connection with the change of the administrative body, the forms of reports and the deadlines for their submission are changed. Legislators have added to the list of requirements that must be met by insurers applying for a reduced rate.
Important! In 2017, firms and individual entrepreneurs that no longer meet the criteria for a reduced rate lose the right to use it not from the current quarter, but from the beginning of the year.
FSS tariffs: in 2017: table
In 2017, as before, the rates used to calculate the amount of pension contributions depend on whether the marginal base is exceeded or not. It is set at the level of 796 thousand rubles. When a company exceeds the limit, it is obliged to use an additional tariff. This rule does not apply to contributions in case of temporary disability (VNiM) and CHI.
The rates are set out in Art. 426 of the Tax Code of the Russian Federation. In 2017, it remained unchanged compared to previous periods and is:
For certain categories of insurers, reduced FSS rates are provided for 2017. This category includes agricultural producers that meet the criteria prescribed in Art. 346.2 of the Tax Code of the Russian Federation, companies that create handicraft products, participants in free economic zones.
Individual entrepreneurs, lawyers and notaries registered in accordance with Russian law and not using hired labor are required to pay insurance premiums “for themselves”. Whether they actually do business is irrelevant.
In 2017, the amount of mandatory transfers of such economic entities is calculated on the basis of the minimum wage established at the beginning of the year. The tariffs are:
| Contribution type | Bid (%) |
| Pension insurance | 26 |
| CHI | 5,1 |
If the amount of the entrepreneur's annual income is more than 300,000 rubles, he is obliged, in addition to two contributions "for himself", to make a third transfer in the amount of 1% of the amount exceeding the limit.
FSS: percentage of deductions on contributions in case of occupational diseases and injuries
Contributions from injuries and illnesses at work are the only ones left in the administration of Social Insurance. In 2017, as before, their size depends on the level of risk typical for the main type of activity of enterprises.
The rates are prescribed in 419-FZ of December 19, 2016. The regulation divides risks into 32 levels. Each of them has its own rate. Values range from 0.2 to 8.5%.
The insured will recognize the FSS interest 2017 from the official notification of the Fund, sent after the company has submitted documents confirming its main activity.
At its discretion, the FSS has the right to reduce or increase the rate, but not more than 40%. The relevant decision of the supervisory authority is based on the following facts:
- features of working conditions at the enterprise;
- results of medical examinations of company employees;
- the amount of insurance costs.
If the enterprise had at least one case with a fatal outcome, the tariff discount is not provided.
The maximum "discount" of 40% can be claimed by:
- organizations employing people with disabilities of all groups, in terms of the payroll allocated for payments to these employees;
- public organizations of the disabled;
- companies created for scientific, educational, cultural activities, etc.
Since 2017, organizations and individual entrepreneurs are required to annually confirm their main activity by April 15. If they ignore this need, they will be subject to a tariff based on the most “expensive” OKVED injury insurance specified in the registration documents. Previously, the FSS did the same, but firms had the opportunity to prove their case in court. Now the overstatement of rates has a legislative justification.
Since the 1st quarter of 2017, a new form 4-FSS has been applied, approved by order of the FSS dated September 26, 2016 No. 381.
Changes in the form 4-FSS in 2017
Form 4-FSS, taking into account the changes, is already ready. The FSS has canceled the old form 4-FSS starting from the reporting for the 1st quarter of 2017.
Since 2017, the FSS has only controlled contributions for insurance against accidents at work. Therefore, the FSS only needs to report on contributions for injuries, and this is section 2 of the old calculation of 4-FSS. So it must be handed over to the fund from the 1st quarter of 2017.
Where to take 4-FSS for the 1st quarter of 2017?
The most important question: Where will the 4-FSS for the 1st quarter of 2017 be handed over: to the tax or FSS?
Answer: 4-FSS for the 1st quarter in the form that is given in this article must be submitted to your FSS branch at the place of registration.
Download 4-FSS for the 1st quarter in a new form
You can download the form of the new 4-FSS form for the 1st quarter of 2017 at the link:
Deadline for 4-FSS for the 1st quarter of 2017 and other periods
Who submits 4-FSS electronically
In electronic form, 4-FSS is rented out with an average number for 2016 of more than 25 people.
The rest can choose to submit either on paper or electronically.
The FSS approved an electronic format for calculating injury contributions for the 1st quarter of 2017 (FSS order No. 83 dated March 9, 2017). This is a new form 4-FSS, which is being rented from the 1st quarter of 2017. Read also about the new rules for filling out 4-FSS in the article of the Simplified magazine "How 4-FSS has changed for the 1st quarter (sample and examples)".
Sample filling 4-FSS for the 1st quarter of 2017
The procedure for filling out the 4-FSS form for the 1st quarter of 2017 (Order of the FSS dated September 26, 2016 No. 381)
Since the 1st quarter, a new form 4-FSS and a new report - ERSV have been approved. The first is handed over to the FSS, the second - to the Federal Tax Service.
1. The calculation form is filled out using computer technology or by hand with a ballpoint (fountain) pen, black or of blue color printed letters.
2. When filling out the form, only one indicator is entered in each line and the columns corresponding to it. In the absence of any indicators provided for by the Calculation form, a dash is put in the line and the corresponding column.
The title page, table 1, table 2, table 5 of the calculation form are mandatory for submission by all policyholders.
In the absence of indicators to fill in Table 1.1, Table 3, Table 4 of the Calculation Form, these tables are not filled in and are not submitted.
To correct errors, cross out the incorrect value of the indicator, enter the correct value of the indicator and put the signature of the insured or his representative under the correction indicating the date of correction.
All corrections are certified by the seal (if any) of the insured / successor or his representative.
Correction of errors by corrective or other similar means is not allowed.
3. After filling out the Calculation form, continuous numbering of the completed pages is put in the "page" field.
At the top of each completed page of the Calculation, the fields "Registration number of the insured" and "Subordination code" are filled in in accordance with the notice (notification) of the insured issued during registration (accounting) in the territorial body of the Fund.
At the end of each page of the Calculation, the signature of the insured (legal successor) or his representative and the date of signing the Calculation are affixed.
Title page
4. The title page is filled in by the insured, except for the subsection "To be filled in by an employee of the territorial body of the Fund".
5. When filling out the title page of the Calculation form:
5.1. in the field "Insured registration number" indicated registration number the insured;
5.2. field "Subordination code" consists of five cells and indicates the territorial office of the Fund, in which the insured is currently registered;
5.3. in the field "Adjustment number":
when submitting the primary Calculation, the code 000 is indicated;
upon submission to the territorial body of the Calculation Fund, which reflects the changes in accordance with Article 24 of the Federal Law of July 24, 1998 N 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" (Collection of Legislation Russian Federation, 1998, N 31, art. 3803; 2003, N 17, Art. 1554; 2014, N 49, art. 6915; 2016, N 1, art. 14; No. 27, art. 4183) (hereinafter - Federal Law of July 24, 1998 N 125-FZ) (adjusted Calculation for the corresponding period), a number indicating which Account Calculation, taking into account the amendments and additions, is submitted by the insured to the territorial body of the Fund (for example: 001, 002, 003,...010).
The updated Calculation is presented in the form that was in force in the period for which errors (distortions) were revealed;
5.4.in the "Reporting period (code)" field the period for which the Calculation is submitted, and the number of requests from the insured for the allocation of the necessary funds for the payment of insurance compensation are indicated. When submitting the Calculation for the first quarter, six months, nine months and a year, only the first two cells of the "Reporting period (code)" field are filled in. When applying for the allocation of the necessary funds for the payment of insurance coverage, only the last two cells are filled in the "Reporting period (code)" field.
Reporting periods are the first quarter, six months and nine months of the calendar year, which are designated respectively as "03", "06", "09". The settlement period is the calendar year, which is indicated by the number "12". The number of requests from the insured for the allocation of the necessary funds for the payment of insurance compensation are indicated 01, 02, 03, ... 10;
5.5. in the field "Calendar year" the calendar year for the billing period of which the Calculation (updated calculation) is submitted is indicated;
5.6. Termination field is filled out only in the event of termination of the activities of the organization - the insured in connection with the liquidation or termination of activities as an individual entrepreneur in accordance with paragraph 15 of Article 22.1 of the Federal Law of July 24, 1998 N 125-FZ (Collected Legislation of the Russian Federation, 1998, N 31, 3803; 2003, N 17, item 1554; 2016, N 27, item 4183). In these cases, the letter "L" is entered in this field;
5.7. in the field "Full name of the organization, separate subdivision / full name (last name, if any) of an individual entrepreneur, individual" the name of the organization is indicated in accordance with the constituent documents or a branch of a foreign organization operating in the territory of the Russian Federation, a separate subdivision; when submitting the Calculation by an individual entrepreneur, a lawyer, a notary engaged in private practice, the head of a peasant farm, an individual who is not recognized as an individual entrepreneur, his last name, first name, patronymic (the last one, if available) (in full, without abbreviations) is indicated in accordance with the document , proving the identity;
5.8. in the "TIN" field (taxpayer identification number (hereinafter - TIN) the TIN of the policyholder is indicated in accordance with the certificate of registration with the tax authority of a legal entity formed in accordance with the legislation of the Russian Federation, at the location in the territory of the Russian Federation.
For an individual who is not recognized as an individual entrepreneur (hereinafter referred to as an individual), an individual entrepreneur, the TIN is indicated in accordance with the certificate of registration with the tax authority of an individual at the place of residence in the territory of the Russian Federation.
When filling out the TIN, which consists of ten characters, in the zone of twelve cells reserved for recording the TIN indicator, zeros (00) should be entered in the first two cells;
5.9. in the "KPP" field (registration reason code) (hereinafter referred to as the KPP) at the location of the organization, the checkpoint is indicated in accordance with the certificate of registration with the tax authority of a legal entity formed in accordance with the legislation of the Russian Federation, at the location in the territory of the Russian Federation.
The checkpoint at the location of the separate subdivision is indicated in accordance with the notice of registration with the tax authority of a legal entity formed in accordance with the legislation of the Russian Federation, at the location of the separate subdivision on the territory of the Russian Federation;
5.10. in the "OGRN (OGRNIP)" field the main state registration number (hereinafter - PSRN) is indicated in accordance with the certificate of state registration of a legal entity formed in accordance with the legislation of the Russian Federation, at the location in the territory of the Russian Federation.
For an individual entrepreneur, the main state registration number of an individual entrepreneur (hereinafter - OGRNIP) is indicated in accordance with the certificate of state registration of an individual as an individual entrepreneur.
When filling out the OGRN of a legal entity, which consists of thirteen characters, in the zone of fifteen cells reserved for recording the OGRN indicator, zeros (00) should be entered in the first two cells;
5.11. In the field "OKVED code" the code is indicated according to the All-Russian Classifier of Types of Economic Activities OK 029-2014 (NACE Rev. 2) for the main type of economic activity of the insured, determined in accordance with the Decree of the Government of the Russian Federation of December 1, 2005 N 713 "On approval of the Rules for classifying types of economic activity as occupational risk class.
Newly created organizations - insurers for compulsory social insurance against industrial accidents and occupational diseases indicate the code according to the data of the state registration authority, and starting from the second year of activity - the code confirmed in the prescribed manner in the territorial bodies of the Fund.
5.12. in the "Contact phone number" field the city or mobile phone number of the insured / assignee or the representative of the insured with the city code or mobile operator, respectively, is indicated. The numbers are filled in each cell without the use of dashes and brackets;
5.13. in the fields reserved for specifying the address of registration:
- legal entities - the legal address is indicated;
- individuals, individual entrepreneurs - the address of registration at the place of residence is indicated;
5.14.in the field "Average number of employees" the average number of employees is indicated, calculated in accordance with the forms of federal statistical observation approved by the Government of the Russian Federation by the federal executive body and instructions for filling them out (Part 4 of Article 6 of the Federal Law of November 29, 2007 N 282-FZ "On Official Statistical Accounting and system of state statistics in the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2007, N 49, art. 6043; 2012, N 43, art. 5784; 2013, N 27, art. 3463; N 30, art. 4084) (hereinafter - Federal Law No. 282-FZ of November 29, 2007) as of the reporting date.
In the fields "Number of working disabled people", "Number of employees employed in work with harmful and (or) dangerous production factors" indicates the list number of working disabled people, employees employed in work with harmful and (or) dangerous production factors, calculated in accordance with the approved federal body authorized by the Government of the Russian Federation executive power with forms of federal statistical observation and instructions for filling them out (part 4 of article 6 of the Federal Law of November 29, 2007 N 282-FZ) as of the reporting date;
5.15. information on the number of pages of the submitted Calculation and the number of attached sheets of supporting documents is indicated in the fields "Calculation submitted to" and "with supporting documents or their copies attached to";
5.16. in the field "I confirm the accuracy and completeness of the information specified in this calculation":
- in the field "1 - the insured", "2 - the representative of the insured", "3 - the successor" in case of confirmation of the reliability and completeness of the information contained in the Calculation, the head of the organization, individual entrepreneur or individual, the number "1" is entered; in case of confirmation of the reliability and completeness of the information by the representative of the insured, the number "2" is affixed; in case of confirmation of the reliability and completeness of the information, the legal successor of the liquidated organization shall put the number "3";
- in the field "Full name (last name, if any) of the head of the organization, individual entrepreneur, individual, representative of the insured" when confirming the accuracy and completeness of the information contained in the Calculation:
- the head of the organization - the insured / successor - indicates the surname, name, patronymic (the last one, if any) of the head of the organization in full accordance with the constituent documents;
- an individual, an individual entrepreneur - the last name, first name, patronymic (the last one, if any) of an individual, an individual entrepreneur are indicated;
- the representative of the insured/legal successor - an individual - indicates the last name, first name, patronymic (the last one, if any) of the individual in accordance with the identity document;
- the representative of the insured / successor - a legal entity - the name of this legal entity is indicated in accordance with the constituent documents, the seal of the organization is affixed;
in the fields "Signature", "Date", "M.P." the signature of the insured / successor or his representative is affixed, the date of signing the Calculation; in the case of submission of the Calculation by the organization - a seal is affixed (if any);
in the field "Document confirming the authority of the representative" the type of document confirming the authority of the representative of the insured / assignee is indicated;
5.17. the field "To be filled in by an employee of the territorial body of the Fund Information on the submission of the calculation" filled in when submitting the Calculation on paper:
- in the field "This calculation is presented (code)" the method of presentation is indicated ("01" - on paper, "02" - by mail);
- in the field "with the attachment of supporting documents or their copies on sheets" the number of sheets, supporting documents or their copies attached to the Calculation is indicated;
in the field "Date of submission of the calculation" affixed:
- the date of submitting the Calculation personally or through the representative of the insured;
- the date of sending the postal item with a description of the attachment when sending the Settlement by mail.
In addition, this section indicates the last name, first name and patronymic (if any) of the employee of the territorial body of the Fund that accepted the Calculation, put his signature.
Section "Calculation on accrued, paid insurance premiums for compulsory social insurance against accidents at work and occupational diseases" of the Calculation form
6. The insured who has independent classification units allocated in accordance with the order of the Ministry of Health and Social Development of Russia dated January 31, 2006 N 55, submits a Calculation drawn up for the organization as a whole and for each division of the insured, which is an independent classification unit.
Filling in table 1 "Calculation of the base for calculating insurance premiums" of the Calculation form
7. When filling out the table:
7.1. in line 1 the corresponding columns reflect the amounts of payments and other remuneration accrued in favor of individuals in accordance with Article 20.1 of the Federal Law of July 24, 1998 N 125-FZ on an accrual basis from the beginning of the billing period and for each of the last three months of the reporting period;
7.2. on line 2 the corresponding columns reflect amounts that are not subject to insurance premiums in accordance with Article 20.2 of the Federal Law of July 24, 1998 N 125-FZ;
7.3. on line 3 the base for calculating insurance premiums is reflected, which is determined as the difference in line indicators (line 1 - line 2);
7.4. on line 4 the corresponding columns reflect the amount of payments in favor of working disabled people;
7.5. on line 5 the amount of the insurance rate is indicated, which is set depending on the class of professional risk to which the insured (separate subdivision) belongs;
7.6. on line 6 the percentage of the discount to the insurance tariff established by the territorial body of the Fund for the current calendar year in accordance with the Rules for establishing discounts and premiums for insurance tariffs for compulsory social insurance against industrial accidents and occupational diseases, approved by the Decree of the Government of the Russian Federation of May 30, 2012 N 524 "On approval of the Rules for establishing discounts and surcharges for policyholders on insurance rates for compulsory social insurance against accidents at work and occupational diseases" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2012, N 23, art. 3021; 2013, N 22, art. 2809; 2014, N 32, art. 4499) (hereinafter referred to as Decree of the Government of the Russian Federation of May 30, 2012 N 524);
7.7.on line 7 the percentage of the premium to the insurance rate established by the territorial body of the Fund for the current calendar year is affixed in accordance with the Decree of the Government of the Russian Federation of May 30, 2012 N 524;
7.8. on line 8 the date of the order of the territorial body of the Fund on the establishment of a surcharge to the insurance rate for the insured (separate subdivision) is indicated;
7.9. on line 9 the amount of the insurance tariff is indicated, taking into account the established discount or premium to the insurance tariff. The data is filled in with two decimal places after the decimal point.
Filling in table 1.1 "Information required for the calculation of insurance premiums by the insurers specified in paragraph 2.1 of Article 22 of the Federal Law of July 24, 1998 N 125-FZ" of the Calculation Form
8. The table is filled in by policyholders who temporarily send their employees under a contract for the provision of labor of employees (personnel) in cases and on the conditions established by the Labor Code of the Russian Federation, other federal laws, to work for another legal entity or individual entrepreneur.
9. When filling out the table:
9.1. number of completed rows in table 1.1 must correspond to the number of legal entities or individual entrepreneurs where the insured temporarily sent his employees under an agreement on the provision of labor of employees (personnel) in the cases and on the conditions established by the Labor Code of the Russian Federation, Law of the Russian Federation dated April 19, 1991 N 1032-1 " On Employment of the Population in the Russian Federation" (hereinafter referred to as the agreement), other federal laws;
9.2.in columns 2, 3, 4 the registration number in the Fund, TIN and OKVED of the host legal entity or individual entrepreneur are indicated, respectively;
9.3. in column 5 the total number of employees temporarily sent under a contract to work for a specific legal entity or individual entrepreneur is indicated;
9.4. in column 6 payments are reflected in favor of employees temporarily sent under an agreement, from whom insurance premiums are accrued, on an accrual basis, respectively, for the first quarter, six months, 9 months of the current period and the year;
9.5. in column 7 payments are reflected in favor of working disabled people temporarily sent under an agreement, from which insurance premiums are accrued, on an accrual basis, respectively, for the first quarter, six months, 9 months of the current period and the year;
9.6.in columns 8, 10, 12 payments are reflected in favor of employees temporarily sent under an agreement, from which insurance premiums are accrued, on a monthly basis;
9.7. in columns 9, 11, 13 payments in favor of working disabled people temporarily sent under an agreement, from which insurance premiums are accrued, on a monthly basis;
9.8. in column 14 the amount of the insurance rate is indicated, which is set depending on the class of professional risk to which the receiving legal entity or individual entrepreneur belongs;
9.9. in column 15 the size of the insurance tariff of the receiving legal entity or individual entrepreneur is indicated, taking into account the established discount or premium to the insurance tariff. The data is filled in with two decimal places after the decimal point.
Filling in table 2 "Calculations for compulsory social insurance against industrial accidents and occupational diseases" of the Calculation form
10. The table is filled in on the basis of the policyholder's accounting records.
11. When filling out the table:
11.1. line 1 reflects the amount of debt on insurance premiums against industrial accidents and occupational diseases, formed by the insured at the beginning of the billing period.
This indicator should be equal to the indicator of line 19 for the previous billing period, which does not change during the billing period;
11.2. on line 2 the amount of accrued insurance premiums for compulsory social insurance against industrial accidents and occupational diseases from the beginning of the billing period is reflected in accordance with the size of the established insurance rate, taking into account the discount (surcharge). The amount is subdivided "at the beginning of the reporting period" and "for the last three months of the reporting period";
11.3. on line 3 reflects the amount of contributions accrued by the territorial body of the Fund according to the acts of on-site and cameral inspections;
11.4. on line 4 the amounts of expenses not accepted for offset by the territorial body of the Fund for the past settlement periods are reflected according to the acts of on-site and cameral inspections;
11.5. on line 5 reflects the amount of insurance premiums accrued for past settlement periods by the insured, payable to the territorial body of the Fund;
11.6. on line 6 the amounts received from the territorial body of the Fund to the bank account of the insured are reflected in the order of reimbursement of expenses exceeding the amount of accrued insurance premiums;
11.7. on line 7 the amounts transferred by the Fund's territorial body to the bank account of the insured as a refund of overpaid (collected) amounts of insurance premiums, offsetting the amount of overpaid (collected) insurance premiums to pay off debts on penalties and fines subject to collection are reflected.
11.8. line 8- control line, where the sum of the values of lines from 1 to 7 is indicated;
11.9. on line 9 the amount of debt at the end of the reporting (settlement) period is shown based on the accounting data of the insured:
on line 10 reflects the amount of debt due to the territorial body of the Fund at the end of the reporting (calculation) period, formed due to the excess of expenses incurred on compulsory social insurance against industrial accidents and occupational diseases over the amount of insurance premiums to be transferred to the territorial body of the Fund;
on line 11 reflects the amount of debt due to the territorial body of the Fund, formed at the expense of excessively paid amounts of insurance premiums by the insured at the end of the reporting period;
11.10. on line 12 the amount of debt at the beginning of the billing period is shown:
on line 13 reflects the amount of debt due to the territorial body of the Fund at the beginning of the billing period, formed due to the excess of expenses on compulsory social insurance against industrial accidents and occupational diseases over the amount of insurance premiums to be transferred to the territorial body of the Fund, which does not change during the billing period (by based on the accounting data of the insured);
on line 14 the amount of debt due to the territorial body of the Fund is reflected, which was formed due to the amounts of insurance premiums overpaid by the insured at the beginning of the billing period;
11.11. row indicator 12 must be equal to the indicator of lines 9 of the Calculation for the previous billing period;
11.12. on line 15 expenses on compulsory social insurance against accidents at work and occupational diseases are reflected on an accrual basis from the beginning of the year, broken down "at the beginning of the reporting period" and "for the last three months of the reporting period";
11.13. on line 16 the amounts of the transferred insurance premiums by the insured are reflected on the personal account of the territorial body of the Fund, opened with the bodies of the Federal Treasury, indicating the date and number of the payment order;
11.14. on line 17 the written-off amount of the insurer's debt is reflected in accordance with the regulatory legal acts of the Russian Federation adopted in relation to specific insurers or the industry, on the write-off of arrears, as well as in the event that the court adopts an act in accordance with which the insurer loses the ability to collect arrears and debts on penalties in connection with the expiration of the established period for their collection, including the issuance of a ruling on the refusal to restore the missed deadline for filing an application with the court for the collection of arrears and debts on penalties;
11.15. line 18- control line, which shows the sum of the values of the lines from 12, 15 - 17;
11.16. on line 19 the debt due to the insured at the end of the reporting (calculation) period is reflected based on the accounting data of the insured, including arrears (line 20).
Filling in table 3 "Expenses for compulsory social insurance against industrial accidents and occupational diseases" of the Calculation form
12. When filling out the table:
12.1. on lines 1, 4, 7 expenses incurred by the insured in accordance with the current regulatory legal acts on compulsory social insurance against industrial accidents and occupational diseases are reflected, of which:
on lines 2, 5- expenses incurred by the insured to the injured, working part-time;
on lines 3, 6, 8- expenses incurred by the insured who suffered in another organization;
12.2.on line 9 reflects the costs incurred by the insured to finance preventive measures to reduce industrial injuries and occupational diseases. These expenses are made in accordance with the Rules for Financial Support for Preventive Measures to Reduce Occupational Injuries and Occupational Diseases of Employees and Sanatorium-and-Spa Treatment for Employees Employed at Work with Harmful and (or) Hazardous Production Factors, approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated 10 December 2012 N 580n (registered by the Ministry of Justice of the Russian Federation on December 29, 2012, registration N 26440) as amended by orders of the Ministry of Labor and Social Protection of the Russian Federation of May 24, 2013 N 220n (registered by the Ministry of Justice of the Russian Federation on July 2 2013, registration N 28964), dated February 20, 2014 N 103n (registered by the Ministry of Justice of the Russian Federation on May 15, 2014, registration N 32284), dated April 29, 2016 N 201n (registered by the Ministry of Justice of the Russian Federation on August 1 2016, registration N 43040), dated July 14, 2016 N 353n (registered by the Ministry of Justice of the Russian Federation on August 8, 2016, registration N 43140);
12.3.line 10- control line, which shows the sum of the values of lines 1, 4, 7, 9;
12.4. on line 11 for reference, the amount of accrued and unpaid benefits is reflected, with the exception of the amounts of benefits accrued for the last month of the reporting period, in respect of which the deadline for payment of benefits established by the legislation of the Russian Federation has not been missed;
12.5. in column 3 the number of paid days for temporary disability due to an accident at work or an occupational disease (vacation for sanatorium treatment) is shown;
12.6. in column 4 expenses are reflected on an accrual basis from the beginning of the year, offset against insurance premiums for compulsory social insurance against industrial accidents and occupational diseases.
Filling in table 4 "Number of victims (insured) in connection with insured events in the reporting period" of the Calculation form
13. When filling out the table:
13.1.on line 1 data are filled in on the basis of reports on industrial accidents in the form H-1 (Appendix N 1 to the Decree of the Ministry of Labor and Social Development of the Russian Federation of October 24, 2002 N 73 "On approval of the forms of documents necessary for the investigation and accounting of accidents at work production, and regulations on the peculiarities of the investigation of accidents at work in certain industries and organizations" (registered by the Ministry of Justice of the Russian Federation on December 5, 2002, registration N 3999) as amended by the order of the Ministry of Labor and Social Protection of the Russian Federation of February 20, 2014 No. 103n (registered by the Ministry of Justice of the Russian Federation on May 15, 2014, registration No. 32284), with the number of fatal cases highlighted (line 2);
13.2.on line 3 data are filled in on the basis of acts on cases of occupational diseases (annex to the Regulations on the investigation and registration of occupational diseases, approved by Decree of the Government of the Russian Federation of December 15, 2000 N 967 "On approval of the Regulations on the investigation and registration of occupational diseases" (Collection of Legislation of the Russian Federation, 2000, N 52, item 5149; 2015, N 1, item 262).
13.3. on line 4 the sum of the values of lines 1, 3 is reflected, with the allocation in line 5 of the number of victims (insured) in cases that ended only in temporary disability. The data on line 5 is filled in on the basis of disability certificates;
13.4. when filling lines 1 - 3, which are filled out on the basis of reports on accidents at work in the form of H-1 and reports on cases of occupational diseases, insured events should be taken into account for the reporting period as of the date of the examination to verify the occurrence of an insured event.
Filling in table 5 "Information on the results of a special assessment of working conditions and mandatory preliminary and periodic medical examinations of employees at the beginning of the year" of the Calculation form
14. When filling out the table:
14.1. on line 1 in column 3 data on the total number of employer's workplaces subject to a special assessment of working conditions are indicated, regardless of whether a special assessment of working conditions was carried out or not;
on line 1 in columns 4 - 6 data on the number of jobs in respect of which a special assessment of working conditions was carried out, including those classified as harmful and dangerous working conditions, contained in the report on the special assessment of working conditions; in the event that a special assessment of working conditions was not carried out by the insured, then "0" is entered in columns 4 - 6.
If the validity period of the results of certification of workplaces in terms of working conditions, carried out in accordance with the Federal Law of December 28, 2013 N 426-FZ "On a special assessment of working conditions" (Collected Legislation of the Russian Federation, 2013 , N 52, item 6991; 2014, N 26, item 3366; 2015, N 29, item 4342; 2016, N 18, item 2512) (hereinafter - Federal Law of December 28, 2013 N 426-FZ ) in order, has not expired, then on line 1 in columns 4 - 6 in accordance with Article 27 of the Federal Law of December 28, 2013 N 426-FZ, information is indicated on the basis of this certification.
14.2. on line 2 in columns 7 - 8 data on the number of employees employed in work with harmful and (or) dangerous production factors, subject to and passed mandatory preliminary and periodic inspections are indicated.
Columns 7 - 8 filled in in accordance with the information contained in the final acts of the medical commission based on the results of periodic medical examinations (examinations) of workers with harmful and (or) dangerous working conditions, approved by order of the Ministry of Health and Social Development of the Russian Federation of April 12, 2011 N 302n (registered by the Ministry of Justice of the Russian Federation on October 21, 2011, registration N 22111) as amended by orders of the Ministry of Health of the Russian Federation dated May 15, 2013 N 296н (registered by the Ministry of Justice of the Russian Federation on July 3, 2013, registration N 28970), dated December 5, 2014 N 801н (registered by the Ministry of Justice of the Russian Federation on February 3, 2015, registration N 35848 ) (hereinafter - Order j) and in accordance with the information contained in the conclusions based on the results of the preliminary medical examination, issued to employees who have passed these examinations in the previous year (paragraph 12 of the Procedure);
14.3.in column 7 the total number of employees employed in work with harmful and (or) dangerous production factors subject to mandatory preliminary and periodic inspections is indicated;
14.4. in column 8 the number of employees employed in work with harmful and (or) dangerous production factors who have passed mandatory preliminary and periodic inspections is indicated.
At the same time, the results of mandatory preliminary and periodic medical examinations of employees as of the beginning of the year should be taken into account, given that, according to paragraph 15 of the Procedure, the frequency of periodic medical examinations is determined by the types of harmful and (or) dangerous production factors affecting the employee, or the types of work performed .
Source: 26-2.ru
Chapter 1. General Provisions
Article 1 Subject of regulation of this Federal Law
1. The subject of regulation of this Federal Law are relations arising in connection with the conduct of a special assessment of working conditions, as well as with the implementation of the obligation of the employer to ensure the safety of employees in the course of their work and the rights of employees to workplaces that comply with state regulatory requirements for labor protection.
2. This Federal Law establishes the legal and organizational framework and procedure for conducting a special assessment of working conditions, determines the legal status, rights, duties and responsibilities of participants in a special assessment of working conditions.
Article 2 Regulation of the special assessment of working conditions
1. Regulation of a special assessment of working conditions is carried out by the Labor Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. The norms governing the special assessment of working conditions and contained in federal laws and other regulatory legal acts of the Russian Federation must comply with the norms of the Labor Code of the Russian Federation and this Federal Law.
3. If international treaty The Russian Federation has established rules other than those provided for by this Federal Law, the rules of an international treaty shall apply.
Article 3 Special assessment of working conditions a
1. A special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) dangerous factors of the production environment and the labor process (hereinafter also - harmful and (or) hazardous production factors) and assess 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 at workplaces are established.
3. A special assessment of working conditions is not carried out in relation to the working conditions of homeworkers, remote workers and workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs.
4. Conducting a special assessment of working conditions in relation to the working conditions of state civil servants and municipal employees is regulated by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on the state civil service and on municipal service.
Article 4 The rights and obligations of the employer in connection with the special assessment of working conditions
1. The employer has the right:
1) require the organization conducting a special assessment of working conditions to substantiate the results of its conduct;
2) conduct an unscheduled special assessment of working conditions in the manner prescribed by this Federal Law;
3) require from the organization conducting a special assessment of working conditions documents confirming its compliance with the requirements established by Article 19 of this Federal Law;
4) appeal, in accordance with the procedure established by Article 26 of this Federal Law, against the actions (inaction) of an organization conducting a special assessment of working conditions.
2. The employer is obliged:
1) ensure the conduct of a special assessment of working conditions, including an unscheduled special assessment of working conditions, in the cases established by Part 1 of Article 17 of this Federal Law;
2) provide the organization conducting a special assessment of working conditions with the necessary information, documents and information, which are provided for by the civil law contract specified in Part 2 of Article 8 of this Federal Law, and which characterize the working conditions at the workplace, as well as explanations on the issues of conducting special assessment of working conditions;
3) not take any deliberate actions aimed at narrowing the range of issues to be clarified during a special assessment of working conditions and affecting the results of its conduct;
4) familiarize the employee in writing with the results of a special assessment of working conditions at his workplace;
5) give the employee the necessary explanations on the issues of conducting a special assessment of working conditions at his workplace;
6) to implement measures aimed at improving the working conditions of employees, taking into account the results of a special assessment of working conditions.
Article 5 Rights and obligations of an employee in connection with a special assessment of working conditions
1. The employee has the right:
1) be present during a special assessment of working conditions at his workplace;
2) contact the employer, his representative, the organization conducting a special assessment of working conditions, an expert of the organization conducting a special assessment of working conditions (hereinafter also referred to as the expert) for clarification on the issues of conducting a special assessment of working conditions at his workplace;
3) appeal against the results of a special assessment of working conditions at his workplace in accordance with Article 26 of this Federal Law.
2. The employee is obliged to familiarize himself with the results of a special assessment of working conditions carried out at his workplace.
Article 6 Rights and obligations of an organization conducting a special assessment of working conditions
1. An organization conducting a special assessment of working conditions has the right to:
1) refuse, in accordance with the procedure established by this Federal Law, to conduct a special assessment of working conditions, if during its conduct a threat to the life or health of employees of such an organization has arisen or may arise;
2) appeal in the prescribed manner against the instructions of officials of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other normative legal acts containing labor law norms, and its territorial bodies.
2. An organization conducting a special assessment of working conditions is obliged to:
1) provide, at the request of the employer, a representative of the elected body of the primary trade union organization or other representative body of employees, with substantiation of the results of a special assessment of working conditions, as well as give explanations to employees on the issues of conducting a special assessment of working conditions at their workplaces;
2) provide, at the request of the employer, documents confirming the compliance of this organization with the requirements established by Article 19 of this Federal Law;
3) apply approved and certified in the manner prescribed by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (tests) and methods (methods) of measurements and the corresponding measuring instruments that have been verified and included in the Federal Information Fund for ensuring the uniformity of measurements;
4) not to start a special assessment of working conditions or suspend its conduct in the following cases:
a) failure by the employer to provide the necessary information, documents and information, which are provided for by the civil law contract specified in Part 2 of Article 8 of this Federal Law, and which characterize the working conditions at the workplace, as well as explanations on the issues of conducting a special assessment of working conditions;
b) the employer's refusal to provide the conditions necessary for conducting research (testing) and measuring identified harmful and (or) hazardous production factors, in accordance with the civil law contract specified in Part 2 of Article 8 of this Federal Law;
5) keep commercial and other legally protected secrets that have become known to this organization in connection with its activities in accordance with this Federal Law.
Article 7 Application of the results of a special assessment of working conditions
The results of a special assessment of working conditions can be used to:
1) development and implementation of measures aimed at improving the working conditions of employees;
2) informing employees about working conditions in the workplace, about the existing risk of damage to their health, about measures to protect against the effects of harmful and (or) dangerous production factors and rely on employees working in jobs with harmful and (or) dangerous working conditions, guarantees and compensations;
3) providing employees with personal protective equipment, as well as equipping workplaces with collective protective equipment;
4) monitoring the state of working conditions in the workplace;
5) organizing, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon employment) and periodic (during employment) medical examinations of employees;
6) establishment of guarantees and compensations provided for by the Labor Code of the Russian Federation for employees;
7) establishing an additional rate of insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace;
8) calculation of discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases;
9) substantiating the financing of measures to improve working conditions and labor protection, including at the expense of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;
10) preparation of statistical reporting on working conditions;
11) resolving the issue of the relationship of diseases that have arisen among workers with the impact on workers at their workplaces of harmful and (or) dangerous production factors, as well as investigating accidents at work and occupational diseases;
12) consideration and settlement of disagreements related to ensuring safe working conditions between employees and the employer and (or) their representatives;
13) determining, in the cases established by federal laws and other regulatory legal acts of the Russian Federation, and taking into account the state regulatory requirements for labor protection, the types of sanitary services and medical support for employees, their volume and conditions for their provision;
14) making a decision on the establishment of restrictions provided for by labor legislation for certain categories of employees;
15) assessing the levels of professional risks;
16) other purposes provided for by federal laws and other regulatory legal acts of the Russian Federation.
Chapter 2. The procedure for conducting a special assessment of working conditions
Article 8 Organization of a special assessment of working conditions
1. Responsibilities for organizing and financing the conduct of a special assessment of working conditions are assigned to the employer.
2. A special assessment of working conditions is carried out jointly by the employer and the organization or organizations that meet the requirements of Article 19 of this Federal Law and are involved by the employer on the basis of a civil law contract.
3. A special assessment of working conditions is carried out in accordance with the methodology for its implementation, approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
4. A special assessment of working conditions at the workplace is carried out at least once every five years, unless otherwise provided by this Federal Law. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.
5. In the event of a special assessment of working conditions in relation to the working conditions of employees admitted to information classified as a state or other secret protected by law, it is carried out taking into account the requirements of the legislation of the Russian Federation on state and other secrets protected by law.
Article 9 Preparation for a special assessment of working conditions
1. In order to organize and conduct a special assessment of working conditions, the employer forms a commission for conducting a special assessment of working conditions (hereinafter referred to as the commission), the number of members of which must be odd, and the schedule for conducting a special assessment of working conditions is also approved.
2. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any). The composition and procedure for the activities of the commission are approved by the order (instruction) of the employer in accordance with the requirements of this Federal Law.
3. When an employer, classified in accordance with the legislation of the Russian Federation as a small business, conducts a special assessment of working conditions, the commission includes the employer - an individual entrepreneur (personally), the head of the organization, other authorized representatives of the employer, including a labor protection specialist or a representative of an organization or a specialist engaged by the employer under a civil law contract to perform the functions of the labor protection service (labor protection specialist), representatives of the elected body of the primary trade union organization or other representative body of employees (if any).
4. The commission is headed by the employer or his representative.
5. Prior to the commencement of work on the special assessment of working conditions, the commission approves the list of jobs where a special assessment of working conditions will be carried out, indicating similar jobs.
6. For the purposes of this Federal Law, similar jobs are jobs that are located in one or more similar industrial premises (production zones) equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, where employees work one at a time and of the same profession, position, specialty, perform the same labor functions in the same working hours while maintaining the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.
7. With regard to jobs in organizations engaged in certain types of activities, as well as in the event that the performance of work on a special assessment of working conditions creates or may create a threat to the life or health of an employee, members of the commission, other persons, a special assessment of working conditions is carried out with taking into account the specifics established by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body that exercises the functions of developing state policy and legal regulation in the relevant field of activity, State 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 jobs in organizations engaged in certain types of activities in respect of which a special assessment of working conditions is carried out taking into account the features established by the federal executive body authorized by the Government of the Russian Federation (including, if necessary, assessing the injury risk of jobs), is approved by the Government of the Russian Federation, taking into account the opinion Russian tripartite commission for the regulation of social and labor relations.
Article 10 Identification of potentially harmful and (or) hazardous production factors
1. The identification of potentially harmful and (or) hazardous production factors is understood as the comparison and establishment of the coincidence of the factors of the production environment and the labor process at the workplace with the factors of the production environment and the labor process provided for by the classifier of harmful and (or) hazardous production factors approved by the federal body executive power, which performs the functions of developing and implementing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The procedure for identifying potentially harmful and (or) hazardous production factors is established by the methodology for conducting a special assessment of working conditions, provided for by Part 3 of Article 8 of this Federal Law.
2. Identification of potentially harmful and (or) hazardous production factors in the workplace is carried out by an expert of the organization conducting a special assessment of working conditions. The results of the identification of potentially harmful and (or) hazardous production factors are approved by a commission formed in the manner prescribed by Article 9 of this Federal Law.
3. When carrying out the identification of potentially harmful and (or) hazardous production factors at workplaces, the following should be taken into account:
1) production equipment, materials and raw materials used by employees and being sources of harmful and (or) hazardous production factors that are identified and in the presence of which, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon employment) and periodic (in during labor activity) medical examinations of employees;
2) the results of studies (tests) and measurements of harmful and (or) hazardous production factors previously carried out at these workplaces;
3) cases of industrial injuries and (or) the establishment of an occupational disease that arose in connection with the impact on the employee at his workplace of harmful and (or) dangerous production factors;
4) proposals of employees on the implementation at their workplaces of identification of potentially harmful and (or) dangerous production factors.
4. If harmful and (or) dangerous production factors at the workplace are not identified, the working conditions at this workplace are recognized by the commission as acceptable, and research (testing) and measurement of harmful and (or) dangerous production factors are not carried out.
5. If harmful and (or) dangerous production factors at the workplace are identified, the commission decides to conduct research (tests) and measurements of these harmful and (or) dangerous production factors in the manner established by Article 12 of this Federal Law.
6. Identification of potentially harmful and (or) hazardous production factors is not carried out in relation to:
1) workplaces of employees, professions, positions, specialties of which are included in the lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which early assignment of an old-age labor pension is carried out;
2) workplaces in connection with work at which employees are provided with guarantees and compensations for work with harmful and (or) dangerous working conditions in accordance with legislative and other regulatory legal acts;
3) workplaces where harmful and (or) dangerous working conditions were established based on the results of earlier certification of workplaces for working conditions or a special assessment of working conditions.
7. The list of harmful and (or) dangerous production factors subject to research (testing) and measurement at the workplaces specified in Part 6 of this Article is determined by an expert of the organization conducting a special assessment of working conditions, based on the list of harmful and (or) dangerous production factors specified in Parts 1 and 2 of Article 13 of this Federal Law.
Article 11 Declaration of compliance of working conditions with state regulatory requirements for labor protection
1. In relation to workplaces where harmful and (or) dangerous production factors are not identified as a result of identification, the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts, containing norms of labor law, at the location of its location, a declaration of compliance of working conditions with state regulatory requirements for labor protection.
2. The form and procedure for filing a declaration of compliance of working conditions with the state regulatory requirements for labor protection are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.
3. The federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms shall ensure the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory labor protection requirements in the manner established by the federal executive body executing the functions of developing and implementing state policy and legal regulation in the field of labor.
4. Declaration of compliance of working conditions with state regulatory requirements for labor protection is valid for five years. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.
5. In the event that during the period of validity of the declaration of compliance of working conditions with state regulatory requirements for labor protection, an employee employed at the workplace in respect of which this declaration was adopted, an accident occurred at work (with the exception of an accident at work that occurred through the fault of third parties). persons) or he has an occupational disease, the cause of which was the impact on the employee of harmful and (or) dangerous production factors, in relation to such a workplace, this declaration is terminated and an unscheduled special assessment of working conditions is carried out.
6. The decision to terminate the declaration of compliance of working conditions with state regulatory requirements for labor protection is taken by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, about which no later than within ten calendar days from the date of occurrence of the circumstances specified in paragraph 5 of this article, an appropriate entry is made in the register of declarations of compliance of working conditions with state regulatory requirements for labor protection.
7. After the expiration of the declaration of compliance of working conditions with state regulatory requirements for labor protection and in the absence of the circumstances specified in paragraph 5 of this article during the period of its validity, the validity of this declaration is considered extended for the next five years.
Article 12 Research (testing) and measurement of harmful and (or) hazardous production factors
1. All harmful and (or) hazardous production factors that are identified in the manner established by this Federal Law are subject to research (testing) and measurement.
2. The list of harmful and (or) hazardous production factors subject to research (testing) and measurement is formed by the commission based on the state regulatory requirements for labor protection, the characteristics of the technological process and production equipment, the materials and raw materials used, the results of previous studies (tests) and measurements of harmful and (or) hazardous production factors, as well as based on the proposals of employees.
3. Research (testing) and measurement of the actual values of harmful and (or) hazardous production factors are carried out by the testing laboratory (center), experts and other employees of the organization conducting a special assessment of working conditions.
4. When conducting research (tests) and measurements of harmful and (or) hazardous production factors, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (tests) and methods (methods) of measurements and their corresponding means measurements that have been verified and entered into the Federal Information Fund for Ensuring the Uniformity of Measurements.
5. Methods of research (testing) and techniques, methods of measuring harmful and (or) dangerous production factors, the composition of experts and other employees conducting these studies (testing) and measurements are determined by the organization conducting a special assessment of working conditions independently.
6. The results of studies (tests) and measurements of harmful and (or) hazardous production factors are documented in protocols for each of these harmful and (or) dangerous production factors subjected to research (tests) and measurements.
7. As the results of studies (tests) and measurements of harmful and (or) dangerous production factors, the results of studies (tests) and measurements of harmful and (or) dangerous production factors carried out by a testing laboratory (center) accredited in accordance with the legislation of the Russian Federation ) when carrying out production control over working conditions organized in accordance with the established procedure at the workplace, but not earlier than six months before a special assessment of working conditions. The decision on the possibility of using these results when conducting a special assessment of working conditions is taken by the commission on the proposal of an expert of the organization conducting a special assessment of working conditions.
8. Based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, an expert of an organization conducting a special assessment of working conditions classifies working conditions at workplaces according to the degree of harmfulness and (or) danger to classes (subclasses) of working conditions .
9. The Commission has the right to decide on the impossibility of conducting research (tests) and measurements of harmful and (or) hazardous production factors if the conduct of these studies (tests) and measurements at workplaces can endanger the lives of workers, experts and (or) other employees of the organization conducting a special assessment of working conditions, as well as other persons. The working conditions at such workplaces belong to a dangerous class of working conditions without appropriate research (testing) and measurements.
10. The decision on the impossibility of conducting research (tests) and measurements on the grounds specified in part 9 of this article is drawn up in the protocol of the commission containing the rationale for making this decision and being an integral part of the report on the special assessment of working conditions.
11. The employer, within ten working days from the date of the decision referred to in paragraph 9 of this article, sends to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms, at the place of its location, a copy of the protocol of the commission containing this decision.
Article 13
1. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the working environment are subject to research (testing) and measurement:
1) physical factors - aerosols of predominantly fibrogenic action, noise, infrasound, air ultrasound, general and local vibration, non-ionizing radiation (electrostatic field, constant magnetic field, including hypogeomagnetic, electric and magnetic fields of industrial frequency (50 Hertz), alternating electromagnetic fields, including radio frequency and optical range (laser and ultraviolet), ionizing radiation, microclimate parameters (air temperature, relative humidity, air speed, infrared radiation), parameters of the light environment (artificial lighting (illuminance) 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 a biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) for the content of which is controlled by methods of chemical analysis;
3) biological factors - producing microorganisms, living cells and spores contained in bacterial preparations, pathogenic microorganisms - pathogens of infectious diseases.
2. In order to conduct a special assessment of working conditions, the following harmful and (or) dangerous factors of the labor process are subject to research (testing) and measurement:
1) the severity of the labor process - indicators physical activity 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 sense organs of the worker.
3. The testing laboratory (center) conducts research (tests) and measurements of the following harmful and (or) dangerous factors of the production environment and the labor process:
1) air temperature;
2) relative air humidity;
3) air speed;
4) intensity and exposure dose of infrared radiation;
7) the intensity of the alternating electric field of electromagnetic radiation in the radio frequency range;
8) the intensity of the alternating magnetic field of electromagnetic radiation in the radio frequency range;
10) intensity of sources of ultraviolet radiation in the wavelength range of 200 - 400 nanometers;
12) energy exposure of laser radiation;
13) ambient dose equivalent rate of gamma radiation, X-ray and neutron radiation;
14) radioactive contamination of production premises, elements of production equipment, personal protective equipment and skin of workers;
15) sound level;
16) total sound pressure level of infrasound;
17) air ultrasound;
18) general and local vibration;
19) illumination of the working surface;
20) the concentration of harmful chemicals, including substances of biological nature (antibiotics, vitamins, hormones, enzymes, protein preparations), which are obtained by chemical synthesis and (or) to control the content of which chemical analysis methods are used, as well as the concentration of mixtures of such substances in the air of the working area and on the skin of workers (in accordance with the scope of accreditation of the testing laboratory (center);
21) mass concentration of aerosols in the air of the working area;
22) the severity of the labor process (the length of the path of movement of the load, muscle effort, the mass of the transported goods, the angle of inclination of the body of the worker's body and the number of inclinations per working day (shift), the time the load is held, the number of stereotyped working movements);
a) consists in the dispatching of production processes, vehicle control (duration of concentrated observation, density of signals (light, sound) and messages per unit of time, the number of production objects of simultaneous observation, the load on the auditory analyzer, the time of active observation of the production process);
b) consists in servicing production processes of a conveyor type (the duration of a single operation, the number of elements (methods) required to implement a single operation);
c) associated with long-term work with optical devices;
24) biological factors (in accordance with the scope of accreditation of the testing laboratory (center).
4. For certain types of work, professions, positions, specialties, by the federal executive body in charge of the development and implementation of state policy and legal regulation in the field of labor, together with the federal executive body in charge of the development of state policy and regulatory legal regulation in the relevant field of activity, the State Atomic Energy Corporation "Rosatom" in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may establish an additional list of harmful and (or) dangerous factors of the working environment and the labor process, subject to research (testing) and measurement during a special assessment of working conditions.
Article 14. Classification of working conditions
1. Working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, permissible, harmful and dangerous working conditions.
2. Optimal working conditions (class 1) are working conditions under which the impact on the employee of harmful and (or) hazardous production factors is absent or the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions and accepted as safe for humans , and prerequisites are created to maintain a high level of employee performance.
3. Permissible working conditions (class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions, and the altered functional state of the employee's body is restored during a regulated rest or by the beginning of the next working day (shift).
4. Harmful working conditions (class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:
1) subclass 3.1 (harmful working conditions of the 1st degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after exposure to which the altered functional state of the employee's body is restored, as a rule, with a longer period than before the start of the next working day (shift), cessation of exposure to these factors, and the risk of damage to health increases;
2) subclass 3.2 (harmful working conditions of the 2nd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of professional ability to work) arising after prolonged exposure (fifteen or more years);
3) subclass 3.3 (harmful working conditions of the 3rd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the body of the employee, leading to the emergence and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of employment;
4) subclass 3.4 (harmful working conditions of the 4th degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) in the period labor activity.
5. Hazardous working conditions (class 4) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which during the whole working day (shift) or part of it can endanger the life of the employee, and the consequences of exposure These factors cause a high risk of developing an acute occupational disease during the period of employment.
6. If workers employed in workplaces with harmful working conditions use effective personal protective equipment that has passed mandatory certification in the manner prescribed by the relevant technical regulations, the class (subclass) of working conditions may be reduced by the commission based on the opinion of an expert of an organization conducting a special assessment of working conditions, one degree in accordance with the methodology approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
7. By agreement with the territorial body of the federal executive body responsible for the organization and implementation of federal state sanitary and epidemiological supervision, at the location of the relevant workplaces, a reduction in the class (subclass) of working conditions by more than one degree is allowed in accordance with the methodology specified in part 6 of this article.
8. With regard to jobs in organizations engaged in certain types of activities, a reduction in the class (subclass) of working conditions may be carried out in accordance with industry-specific features approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
9. The criteria for classifying working conditions at the workplace are established by the methodology for conducting a special assessment of working conditions provided for by Part 3 of Article 8 of this Federal Law.
Article 15 Results of a special assessment of working conditions
1. An organization conducting a special assessment of working conditions shall draw up a report on its conduct, which includes the following results of a special assessment of working conditions:
1) information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of this Federal Law;
2) a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;
3) cards of a special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by an expert of an organization conducting a special assessment of working conditions;
4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;
5) protocols for evaluating the effectiveness of personal protective equipment;
6) the protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements on the grounds specified in Part 9 of Article 12 of this Federal Law (if such a decision exists);
7) a summary sheet of a special assessment of working conditions;
8) a list of measures to improve the conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out;
9) conclusions of an expert of the organization conducting a special assessment of working conditions.
2. The report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to state in writing a reasoned dissenting opinion, which is attached to this report.
3. The form of a report on the conduct of a special assessment of working conditions and instructions for filling it out are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.
4. In relation to workplaces where harmful and (or) hazardous production factors are not identified, the report on the special assessment of working conditions shall contain the information provided for in paragraphs 1, 2 and 9 of part 1 of this article.
5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions. The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.
6. The employer, taking into account the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law, organizes the placement on its official website in the Internet information and telecommunication network (if such a website exists) of summary data on the results of the special assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than within thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.
Article 16 Features of conducting a special assessment of working conditions at individual workplaces
1. When similar jobs are identified, a special assessment of working conditions is carried out for 20 percent of jobs out of the total number of such jobs (but not less than two jobs) and its results are applied to all similar jobs.
2. For similar jobs, one card of a special assessment of working conditions is filled out.
3. In relation to similar workplaces, a unified list of measures to improve the conditions and labor protection of workers is being developed.
4. A special assessment of working conditions at workplaces with territorially changing working areas, where the working area is considered to be a part of the workplace equipped with the necessary means of production, in which one employee or several workers perform similar work or technological operations, is carried out by preliminary determining typical technological operations characterized by the presence of the same harmful and (or) dangerous production factors, and the subsequent assessment of the impact on workers of these factors when performing such work or operations. The execution time of each technological operation is determined by an expert of the organization conducting a special assessment of working conditions, based on local regulations, by interviewing employees and their immediate supervisors, as well as by timing.
5. If during the course of a special assessment of working conditions at least one workplace is identified that does not meet the similarity criteria established by Article 9 of this Federal Law, from among the workplaces previously recognized as similar, a special assessment of working conditions is carried out at all workplaces recognized previously similar.
Article 17 Carrying out an unscheduled special assessment of working conditions
1. An unscheduled special assessment of working conditions should be carried out in the following cases:
1) commissioning of newly organized jobs;
2) 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 in the course of federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms;
3) change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4) change in the composition of the materials used and (or) raw materials that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
5) change in the means of individual and collective protection used, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6) an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
7) availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.
2. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within six months from the date of occurrence of the cases specified in paragraph 1 of this article.
Article 18
1. The results of a special assessment of working conditions, including in relation to workplaces, the working conditions at which are recognized as acceptable and declared as complying with state regulatory requirements for labor protection, are subject to transfer to the Federal State Information System for Accounting for the Results of a Special Assessment of Working Conditions (hereinafter - accounting information system). The obligation to transfer the results of a special assessment of working conditions rests with the organization conducting a special assessment of working conditions.
2. In the accounting information system, the objects of accounting are the following information:
1) in relation to the employer:
a) full name;
b) location and place of activity;
e) code according to the All-Russian classifier of types of economic activity;
f) the number of jobs;
g) the number of workplaces where a special assessment of working conditions was carried out;
h) distribution of jobs by classes (subclasses) of working conditions;
2) in relation to the workplace:
a) individual number of the workplace;
b) the code of the profession of the employee or employees employed at this workplace, in accordance with the All-Russian Classifier of Occupations of Workers, Positions of Employees and Wage Categories;
c) the insurance number of the individual personal account of the employee or employees employed at this workplace;
d) the number of employees employed at this workplace;
e) the class (subclass) of working conditions at a given workplace, as well as the class (subclass) of working conditions in relation to each harmful and (or) dangerous production factors, indicating their name, units of their measurement, measured values, relevant standards (hygienic standards) working conditions, the duration of the impact of these harmful and (or) hazardous production factors on the employee;
f) the basis for the formation of rights to an early retirement retirement pension (if any);
g) information about industrial accidents that have occurred over the past five years and about occupational diseases detected in workers employed at this workplace;
h) information on the quality of the results of a special assessment of working conditions (compliance or non-compliance of the results of a special assessment of working conditions with the requirements of this Federal Law in the event of an examination of the quality of a special assessment of working conditions);
3) in relation to the organization that conducted a special assessment of working conditions:
a) full name;
b) the registration number of the entry in the register of organizations conducting a special assessment of working conditions;
c) taxpayer identification number;
d) main state registration number;
e) information about the accreditation of the testing laboratory (center), including the number and validity period of the certificate of accreditation of the testing laboratory (center);
f) information about the experts of the organization that conducted the special assessment of working conditions, who participated in its conduct, including the last name, first name, patronymic, position and registration number of the entry in the register of experts of organizations conducting a special assessment of working conditions;
g) information about the measuring instruments used by the testing laboratory (center), including the name of the measuring instrument and its number in the Federal Information Fund for Ensuring the Uniformity of Measurements, the serial number of the measuring instrument, the expiration date of its verification, the date of measurements, the name of the measured harmful and (or) hazardous production factors.
3. An organization conducting a special assessment of working conditions, within ten working days from the date of approval of the report on its conduct, transfers to the accounting information system in the form of an electronic document signed with a qualified electronic signature, the information provided for in paragraph 2 of this article.
4. In the event that an organization conducting a special assessment of working conditions fails to fulfill the obligations provided for by Part 1 of this article, the employer has the right to transfer to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing norms labor law, including in electronic form, the information available to him in relation to the accounting objects specified in part 2 of this article.
5. In the case specified in paragraph 4 of this article, the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms shall transfer to the accounting information system in the form of an electronic document, signed with a qualified electronic signature, information regarding the accounting items specified in Part 2 of this Article.
6. The information contained in the accounting information system is used by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, the federal service subordinate to it and the state non-budgetary funds coordinated by it, as well as the federal executive body exercising the functions of organizing and implementing federal state sanitary and epidemiological supervision, the executive authorities of the constituent entities of the Russian Federation in the field of labor protection and insurers for the purposes specified in Article 7 of this Federal Law.
7. The procedure for the formation, storage and use of information contained in the accounting information system is established by the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of labor.
8. Participants in information interaction are obliged to maintain the confidentiality of information contained in the accounting information system, to ensure the protection of this information from unauthorized access in accordance with the legislation of the Russian Federation.
9. The operator of the accounting information system is the federal executive body, which performs the functions of developing and implementing state policy and legal regulation in the field of labor.
Chapter 3. Organizations conducting a special assessment of working conditions and experts of organizations conducting a special assessment of working conditions
Article 19 Organization conducting a special assessment of working conditions
1. An organization conducting a special assessment of working conditions must meet the following requirements:
1) an indication in the statutory documents of the organization as the main type of activity or one of its activities, a special assessment of working conditions;
2) the presence in the organization of at least five experts working under an employment contract and having an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert with higher education in one of the specialties - a doctor in general hygiene, a doctor in occupational hygiene, a doctor in sanitary and hygienic laboratory research;
3) the presence as a structural unit of a testing laboratory (center), which is accredited by the national body of the Russian Federation for accreditation in the manner prescribed by the legislation of the Russian Federation, and the scope of accreditation of which is the conduct of research (tests) and measurements of harmful and (or) hazardous factors in the production environment and the labor process provided for in paragraphs 1 - 11 and 15 - 23 of Part 3 of Article 13 of this Federal Law.
2. An organization conducting a special assessment of working conditions has the right to conduct research (tests) and measurements of harmful and (or) dangerous factors of the working environment and the labor process, provided for in clauses 12-14 and 24 of part 3 of Article 13 of this Federal Law, if conducting research (testing) and measuring these factors is the area of accreditation of its testing laboratory (center), independently or engage under a civil law contract for research (testing) and measuring these factors testing laboratories (centers) accredited by the national body of the Russian Federation for accreditation in the manner prescribed by the legislation of the Russian Federation.
3. The procedure for admission of organizations to the activities of conducting a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities for conducting a special assessment of working conditions is established by the Government of the Russian Federation.
Article 20 Experts of organizations conducting a special assessment of working conditions
1. Persons who have passed certification for the right to perform work on a special assessment of working conditions and who have an expert certificate for the right to perform work on a special assessment of working conditions (hereinafter referred to as the expert certificate) are allowed to work as an expert of an organization conducting a special assessment of working conditions.
2. Attestation for the right to perform work on a special assessment of working conditions, the issuance of an expert certificate as a result of it and its cancellation are carried out by the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of labor, in the manner established Government of the Russian Federation.
3. Persons applying for an expert certificate must meet the following requirements:
1) the presence of higher education;
2) the presence of additional professional education, the content of the additional professional program of which provides for the study of issues of assessing working conditions in the amount of at least seventy-two hours;
3) experience of practical work in the field of assessment of working conditions, including in the field of attestation of workplaces in terms of working conditions, for at least three years.
4. The form of an expert certificate, technical requirements for it and instructions for filling out an expert certificate form are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.
Article 21
1. The federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor forms and maintains a register of organizations conducting a special assessment of working conditions (hereinafter referred to as the register of organizations), and a register of experts of organizations conducting a special assessment of working conditions (hereinafter referred to as the register of experts).
2. The procedure for the formation and maintenance of the register of organizations is established by the Government of the Russian Federation.
3. The procedure for the formation and maintenance of the register of experts is established by the federal executive body, which performs the functions of developing and implementing state policy and legal regulation in the field of labor.
4. The following information shall be entered in the register of organizations:
1) full name of the organization and its location;
2) taxpayer identification number;
3) main state registration number;
4) the registration number of the entry in the register of organizations;
5) the date of entering information about the organization in the register of organizations;
6) the date of the decision to suspend the activities of the organization as an organization conducting a special assessment of working conditions, and the basis for making such a decision;
7) the date of the decision to resume the activities of the organization as an organization conducting a special assessment of working conditions, and the basis for making such a decision;
8) the date of the decision to terminate the activities of the organization as an organization conducting a special assessment of working conditions, and the basis for making such a decision.
5. The following information shall be entered into the register of experts:
1) last name, first name, patronymic (if any) of the expert;
2) number, date of issue of the expert's certificate (duplicate of the expert's certificate) and expiration date of the expert's certificate (duplicate of the expert's certificate);
3) area or areas of activity within which the expert can perform work on conducting a special assessment of working conditions;
4) the date of cancellation of the expert's certificate.
6. The information specified in parts 4 and 5 of this article shall be posted on the official website of the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in the information and telecommunications network "Internet" and must be available for review to all interested parties without charging a fee.
Article 22
1. Organizations conducting a special assessment of working conditions and experts of organizations conducting a special assessment of working conditions are independent and are guided in their activities solely by the requirements of the Labor Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation regulating special assessment of working conditions.
2. A special assessment of working conditions cannot be carried out:
1) officials of executive authorities authorized to exercise state supervision (control) in the established field of activity, as well as to conduct state examination of working conditions;
2) organizations, the heads and other officials of which are founders (participants) of legal entities (employers) and at the workplaces of which a special assessment of working conditions is carried out, officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions;
3) organizations, heads and other officials of which are in close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with the founders (participants) of legal entities (employers ), at the workplaces of which a special assessment of working conditions is carried out, by officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions;
4) organizations in relation to legal entities (employers), at the workplaces of which a special assessment of working conditions is carried out and for which such organizations are founders (participants), in relation to subsidiaries, branches and representative offices of these legal entities (employers), as well as in relation to legal entities (employers) having founders (participants) in common with such an organization;
5) experts who are founders (participants) of legal entities (employers) at whose workplaces a special assessment of working conditions is carried out, heads of such organizations, officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions;
6) experts who are closely related or related (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with the founders (participants) of legal entities (employers), at workplaces which a special assessment of working conditions is carried out, by the heads of such organizations, officials of such organizations who are responsible for organizing and conducting a special assessment of working conditions.
3. The procedure and amount of payment for the performance of work, the provision of services by organizations conducting a special assessment of working conditions, are determined by civil law contracts and cannot depend on the fulfillment of any requirements of employers and (or) their representatives regarding the results of a special assessment of working conditions, not provided for by this Federal Law.
4. Organizations conducting a special assessment of working conditions and their experts are not entitled to take actions that entail the emergence of a conflict of interest or create a threat of such a conflict (situations in which the interest of an organization conducting a special assessment of working conditions, or its expert affects or may influence the results of a special assessment of working conditions).
5. Violation by an organization conducting a special assessment of working conditions, or by an expert of the procedure for conducting a special assessment of working conditions, entails administrative liability in accordance with the Code of Administrative Offenses of the Russian Federation.
Article 23 Ensuring the fulfillment of obligations of an organization conducting a special assessment of working conditions
An organization conducting a special assessment of working conditions, during its conduct, can ensure the fulfillment of its obligations related to the risk of property liability, for obligations arising from damage to employers - customers of a special assessment of working conditions, and (or) employees, in relation to workplaces which a special assessment of working conditions was carried out, and (or) to other persons, by concluding a contract of voluntary insurance of such liability.
Article 24 Examination of the quality of a special assessment of working conditions
1. Examination of the quality of a special assessment of working conditions is carried out by the executive authorities of the constituent entities of the Russian Federation in the field of labor protection within the framework of the state examination of working conditions provided for by the Labor Code of the Russian Federation.
2. Examination of the quality of a special assessment of working conditions is carried out:
1) on the proposals of the territorial bodies of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, in connection with the implementation of measures for state control (supervision) over compliance with the requirements of this Federal Law, including on the basis of applications from employees, trade unions, their associations, other representative bodies authorized by employees, as well as employers, their associations, insurers;
2) on the basis of applications submitted directly to the body authorized to conduct an examination of the quality of a special assessment of working conditions, in accordance with part 1 of this article, from employees, trade unions, their associations, other representative bodies authorized by employees, as well as employers, their associations, insurers.
3. An examination of the quality of a special assessment of working conditions on the grounds specified in paragraph 2 of part 2 of this article is carried out on a paid basis at the expense of the applicant. 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 referred to in Part 2 of this article with the results of an examination of the quality of a special assessment of working conditions are considered by the federal executive body responsible for the development and implementation of state policy and legal regulation in the sphere of labor, taking into account the requirements of the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services."
5. The procedure for conducting an examination of the quality of a special assessment of working conditions and the procedure for considering disagreements on the issues of conducting such an examination are established by the federal executive body authorized by the Government of the Russian Federation.
6. The results of the expert examination of the quality of a special assessment of working conditions are subject to transfer to the accounting information system in the manner established by Part 3 of Article 18 of this Federal Law. The obligation to transfer the results of the examination of the quality of a special assessment of working conditions is assigned to the body authorized to conduct an examination of the quality of a special assessment of working conditions.
Chapter 4. Final Provisions
Article 25
1. State control (supervision) over compliance with the requirements of this Federal Law is carried out by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies in accordance with the Labor Code of the Russian Federation. Federation, other federal laws and other regulatory legal acts of the Russian Federation.
2. Trade union control over compliance with the requirements of this Federal Law is carried out by labor inspectorates of the relevant trade unions in the manner established by labor legislation and the legislation of the Russian Federation on trade unions, their rights and guarantees of activity.
Article 26 Consideration of disagreements on the issues of conducting a special assessment of working conditions
1. Disagreements on the issues of conducting a special assessment of working conditions, disagreement of an employee with the results of a special assessment of working conditions at his workplace, as well as employer complaints about the actions (inaction) of an organization conducting a special assessment of working conditions, are considered by the federal executive body authorized to conducting federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies, the decisions of which can be appealed in court.
2. An employer, an employee, an elected body of a primary trade union organization or another representative body of employees has the right to appeal against the results of a special assessment of working conditions in court.
Article 27 Transitional provisions
1. Organizations accredited in the manner that were in force before the date of entry into force of this Federal Law, as organizations providing services for attestation of workplaces in terms of working conditions, have the right to conduct a special assessment of working conditions before the expiration of the existing ones on the day of entry into force of this Federal Law. of the law of accreditation certificates of testing laboratories (centers) of these organizations, but no later than December 31, 2018 inclusive. Until the date of entry into force of the federal law on accreditation in the national accreditation system, accreditation of testing laboratories (centers) is carried out in accordance with the legislation of the Russian Federation on technical regulation.
2. Organizations that are accredited in the manner that was in force before the date of entry into force of this Federal Law, as organizations providing services for attestation of workplaces in terms of working conditions, and have testing laboratories (centers) whose accreditation certificates expire in 2014, is entitled to conduct a special assessment of working conditions without taking into account the requirements established by Clause 2 of Part 1 of Article 19 of this Federal Law, until December 31, 2014 inclusive.
3. The duties of the experts of the organizations specified in Parts 1 and 2 of this Article may be performed by persons working in these organizations under an employment contract and admitted, in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, to work in testing laboratories (centers), as on the date of entry into force of this Federal Law, but not late established by parts 1 and 2 of this article.
4. If before the date of entry into force of this Federal Law in relation to workplaces certification of workplaces was carried out in terms of working conditions, a special assessment of working conditions in relation to such workplaces may not be carried out within five years from the date of completion of this certification, for except for the occurrence of the circumstances specified in Part 1 of Article 17 of this Federal Law. At the same time, for the purposes specified in Article 7 of this Federal Law, the results of this attestation, carried out in accordance with the procedure that was in force before the date of entry into force of this Federal Law, are used. The employer has the right to conduct a special assessment of working conditions in the manner prescribed by this Federal Law, before the expiration of the existing results of attestation of workplaces for working conditions.
5. In relation to the workplaces specified in Part 7 of Article 9 of this Federal Law, a special assessment of working conditions is carried out in accordance with the general procedure provided for by this Federal Law, until the federal executive body authorized by the Government of the Russian Federation establishes the specifics of conducting a special assessment of working conditions for such workers. places.
6. For jobs not specified in Part 6 of Article 10 of this Federal Law, a special assessment of working conditions may be carried out in stages and must be completed no later than December 31, 2018.
Article 28 The procedure for the entry into force of this Federal Law
1. This Federal Law shall enter into force on January 1, 2014, with the exception of Article 18 of this Federal Law.
3. Until January 1, 2016, the information specified in Article 18 of this Federal Law shall be transferred to the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, in the manner established by the federal an executive authority that performs the functions of developing and implementing state policy and legal regulation in the field of labor.
President of Russian Federation