State examination of working conditions is carried out in the framework of labor protection. From the point of view of state policy, this event is one of the key ones that allows providing decent working conditions to all working citizens of the country. The bodies of the state examination of working conditions are the Ministry of Labor, or rather, its regional units. It is their representatives who carry out both the assessment and the formulation of recommendations to entrepreneurs.
How is it going?
State examination of a special assessment of working conditions is carried out by qualified specialists of executive bodies. Only those who have the appropriate authority can do this. At the same time, not only direct supervision is exercised over the conditions specific to the place where the working person is located, but also the documentation formalizing the cooperation of the enterprise and its staff is taken under control.
What for?
The objectives of the state examination of working conditions:
- Identification of the correctness of the previously made special assessment.
- Assessment of the conditions actually surrounding people in the enterprise.
- Ensuring that personnel correctly receive guarantees and compensations if they have to work in difficult, dangerous situations, regularly contacting with harmful factors.
When?
A state examination of working conditions is possible when a court of a region has issued an order, determination. Also, the initiator may be: the executive branch, the entrepreneur himself, or an association that includes several employers.
Workers who want their workplaces to be certified can request this procedure in person. How much easier it is to do this through professional organizations - trade unions, designed to defend the benefits of personnel. A state expert examination of working conditions that produces an opinion is beneficial for insurance companies working with the enterprise, including the Social Insurance Fund. Sometimes the audit is initiated by representative bodies or companies that have made a special assessment.
FZ: working conditions
If, as part of the state control, there are allegations of violation of the Labor Code, the territorial services can make a submission, according to which a state examination of working conditions is organized.
As a rule, a check reveals whether the company complies with the Federal Law that was enacted in 2013 under number 426. It is devoted to assessing working conditions, declares the conditions under which people can work, what they are entitled to remuneration, compensation for this. The audit may begin with the receipt by the territorial body of an application from workers of the enterprise, trade unions, employers, and interested parties.
Features
As a rule, a state examination of working conditions begins with a statement from the person concerned. She also submits to officials materials, documents, on the basis of which an analysis of the company's workflow is carried out. If they were not presented immediately, then the department sends an appeal to the company, asking it to send documentation to those jobs regarding which the event will be checked. Officials obtain additional information from government services agencies. Certain data is provided by local government, organizations subordinate to state regulations. True, this happens only when all these persons have materials useful for the examination.
In their work, officials whose task is the state examination of working conditions use regulatory legal acts at the federal level and in a specific subject, municipality.
How to be appreciated?
What are the goals of a state examination of working conditions? This reveals the fact that employees are paid compensation correctly, in what conditions they work and how much jobs are brought into line with applicable laws. Officials will determine whether all the guarantees that employees are required by law are provided to personnel.
Moreover, experts from state authorities have the right to visit the workplace, which is subject to evaluation. To do this, they must present a certificate. At present, in our country there are no such employers who have the right to prevent the inspector. Experts may require documents, materials. The employer is obliged to provide such free of charge and extremely quickly, if it is confirmed that the state examination of working conditions needs this information.
And measure!
In addition, experts from the state authority can observe the employees of the company, make measurements on the ground, calculations that allow to identify the features of the enterprise. It is allowed to resort to the capabilities of laboratories - measuring, research. The main goals of the state examination of working conditions is to identify all harmful, dangerous factors, which means that to achieve them it is necessary to resort to any accredited installations in order to find all the important sources of exposure to personnel. The current federal laws, as well as some regulatory acts, tell about what equipment can be used.
Experts: are there any obligations?
Considering the main goals of the state examination of working conditions, it is necessary to highlight the identification of unsafe phenomena in the workplace. This helps people to realize the risks associated with work, as well as to understand their rights, to know what compensation should be counted on.
In order for experts from state authorities to cope with the tasks, a circle of their obligations was outlined by law. First of all, it is the formation of reporting on the results of studies. The report takes the form of an examination in which it analytically substantiates why the working conditions comply (or not) with the regulatory standards adopted in the country.
Such a conclusion goes further directly to the company's management, as necessary - to the courts and trade unions, insurance companies, as well as to specific individuals who initiated the audit.
In addition, law experts are charged with the duty of :
- objectivity;
- substantiation of conclusions;
- ensuring the safety of materials, documentation obtained as part of the audit;
- saving received secret information.
We organize a check in your company: where to start
If the state examination of working conditions is initiated by the employer, he first writes a statement to the administration of the village. The paper will have to be registered so that it is not lost and the workflow is followed.
Next, you need to collect a package of documents that accompany the application. Typically, officials need a previous report on special assessment activities. If there are requirements for expert evaluation, then they must be attached to the documentation package. If hazardous, harmful factors are already known at the enterprise, then reports on inspections that previously studied this issue are attached to the application.
Usually a state examination of working conditions is carried out in the presence of a collective agreement (although it is possible without it). If there is one, you must definitely introduce it to officials. The employer also applies local regulations describing the obligations it has undertaken. It is necessary to submit a regulation on remuneration of labor and LNM, devoted to compensations due to harmful, dangerous factors.
How to send an application?
The simplest, and according to many, the most reliable way of sending documentation to a state authority is a personal visit to officials. In order not to waste time in vain, you can create a package of documents and send it by mail with a notification. Finally, you can use the Internet. In this case, the documentation is sent through the Public Services portal. This requires an electronic digital signature to certify the documentation and encrypt it for security purposes.
As a result of the measures taken, the employer will receive a direction of conclusion. If the audit was not carried out, then officials will send a notice to the company that the event was not organized.
Evaluation is protection
State examination of working conditions - an event aimed at protecting the interests of both employers and employees. In addition, it creates a favorable image of the company, makes it more attractive for employees: they see that entrepreneurs are complying with the laws and are ready to guarantee their staff protection and better working conditions, compensation and other preferences.
In addition, during the examination, qualified specialists identify how construction, technological projects, production technologies and equipment used comply with the laws that protect workers in force in the country. Experts compare real working conditions and standards, and if an accident occurs on the production line, then they identify the features of jobs characteristic of the production areas at the time of the incident.
What does the Ministry of Labor do?
State examination is carried out with the direct participation of representatives of the Ministry of Labor in the region in which the enterprise is located. As a rule, officials are responsible not only for the examination itself, but also for the implementation of standards and improvements in the territory under their jurisdiction that make labor protection more efficient and effective. From year to year, new programs are being created aimed at improving the conditions of workers, and it is precisely the regional division of the Ministry of Labor that is implementing them.
In addition, government officials conduct training both among line personnel and among company executives. The subject of the seminars is labor protection. This allows you to get the necessary amount of knowledge in order to realize what working conditions are difficult, dangerous, harmful, in which cases certification of jobs is necessary, what benefits and benefits it will bring, and when it becomes a prerequisite for the continuation of the company.
What does the examination give?
Based on the conclusions made by experts at the end of the audit, the enterprise can be liquidated if serious violations are found. In some situations, the court proposes not to liquidate the entire company, but only a specific unit in which critical errors were identified.
Based on the results of the expert review, proposals are formed that allow working conditions to be improved, to reduce professional risks, and to formalize belonging to a particular category of enterprises. State audit is also a method of protecting the rights of workers. According to current laws, all citizens of the country have the right to rely on safety at work. In case of danger, they must be warned about this, they are paid compensation.
Special assessment and state expertise
One of the rather controversial and unclear questions among employers is how important it is to conduct a state examination if a special assessment of jobs was organized at the enterprise. This issue is most fully disclosed in an order of the Ministry of Labor adopted in 2014 under number 549.
The second paragraph of the first chapter of this fundamental document indicates that the state examination is designed to verify the fact that the special assessment was performed correctly, in compliance with the standards, qualitatively, that is, it became the basis for accruing compensation to employees in accordance with the complexity and harmfulness of production factors.
In the third paragraph of the same chapter all the grounds for the examination are indicated (they have already been listed above, such as appeals, court orders, and the interest of supervisory authorities). That is, under the current legislation, it is not mandatory to organize a state examination, nevertheless it is desirable to do this.
And to pay?
As for the monetary issue, there are two cases: the check can be carried out free of charge or at the expense of the employer. The first option is possible when it is initiated in the interests of the judiciary or there is a representation from the labor inspectorate.
But if the initiator of the process is the employer, then the company will have to fork out, because the service will cost a pretty penny. Also, the examination will be paid if it is organized at the initiative of the employee, the workers' union. If the audit began with the statement of just one person, then specialists will study exclusively his workplace, not paying attention to the others.
How long?
In most cases, a state examination of working conditions requires 30 working days. The countdown begins on the day the application initiating the procedure was registered. But the situation can be quite complicated. In this case, the expert responsible for the enterprise requests an extension of the procedure. As a rule, this is not more than a month.
As soon as the conclusion is formed, signed and registered, it must be sent to the customer. This takes up to three business days. However, the procedure may stretch for an unpredictable period if the employer or other interested person does not agree with the outcome of the event. In this case, a package of documents is formed, the dispute resolution procedure established by laws is launched.