Any labor activity at a particular production enterprise must be subject to a special assessment procedure. What is this process, for what purposes is it being implemented? Answers are contained in 426- "On a special assessment of working conditions", some of the provisions of which will be considered in the article.
What is an assessment of work?
According to Article 3 No. 426- "On a Special Assessment of Working Conditions", the concept presented is characterized as a series of measures aimed at searching for harmful or dangerous environmental factors of a production nature. So, in any labor process, factors dangerous to human life or health can be detected. Thanks to a competent assessment of working conditions, they can be subject to significant minimization.
What is the result of the assessment? Occupations, working conditions or production processes must be assigned special classes or subclasses. In accordance with these categories, the level of danger at the workplace can be clearly defined.
Thus, the subject of Law 426-FZ is the totality of relations arising in connection with the implementation of verification of working conditions.
Worker and employer
Both the employee and his manager are endowed with a number of powers and responsibilities when assessing working conditions. First, you should talk about the rights of the employer. This person can demand from the authority conducting the audit, the relevant documentation, as well as appoint unscheduled dates of inspections. The employer also has the opportunity to appeal the evaluation results. If we talk about responsibilities, then they are much more than powers.
It is worth highlighting the provision of the organization that implements the audit, all the necessary documentation, the effective provision of labor assessment, the subordination of explanations for the duration of the audit and much more. In short, the employer is obliged to ensure that the process in question is carried out in accordance with the standards 426-FZ of December 28, 2013.
The duties of the employee include familiarization with the results of the assessment. If we talk about authority, then the worker has the right to contact the employer for clarification, to be present during the inspection, and also to appeal the evaluation results.
Preparation and organization of the procedure
Article 9 No. 426- "On a special assessment of working conditions" refers to the process of preparation for the procedure in question. According to the law, the employer is obliged to form a special expert commission, the number of representatives of which should not be even. The exact schedule of its work must be approved.
Who can be included in the formed instance? According to the law, these are representatives of the employer himself, persons from elected bodies of trade union organizations, as well as representatives from the work environment. The head of the commission is either the employer himself or the official chosen by him.
At the beginning of its work, the commission should draw up a list of jobs that need to be checked. Further, experts must act strictly in accordance with the schedule that was previously drawn up by the employer. Assessment is carried out according to the methodology formed by the federal executive authorities. Evaluation should be carried out at least once every five years.
Article 19 No. 426- "On a special assessment of working conditions" enshrines the requirements for the organization that should conduct the audit. Here's what to highlight here:
- the presence of at least five experts working under the contract;
- an indication in the documentation of the assessment process as the main activity;
- the presence of an accredited testing laboratory as a unit.
Only if all the presented signs are present, the organization will be able to begin the implementation of their job responsibilities.
Evaluation results
Based on the results of the assessment, the control and supervision organization should indicate the following results:
- assessment cards with corresponding classes and subclasses;
- information about the organization;
- list of jobs;
- assessment protocol;
- commission protocol;
- summary statement;
- list of implemented activities.
We should also talk about the changes introduced in 426-FZ. So, on May 1, 2016, some amendments were made to the regulatory act. The duties of the employer (Article 4) include a new function for considering proposals from employees. In part 6 of article 10, which dealt with the appointment of a retirement pension, the provisions on insurance type pension were fixed. The remaining articles were amended slightly.