State examination of working conditions and its functions

The state examination of working conditions is carried out within the framework of labor protection. This event, from the point of view of state policy, is one of the key ones that will ensure decent working conditions for all working people of the country. The bodies of state expertise of labor conditions are the Ministry of Labor, or rather its regional subdivisions. It is their representatives who carry out both evaluation and formulation of recommendations to entrepreneurs.

How does it happen?

State expertise of a special assessment of working conditions is carried out by qualified specialists of executive bodies. Only those who have the appropriate authority can deal with this. At the same time, not only is the supervision directly over the conditions peculiar to the place where the working person is located, but also the documentation regulating the cooperation of the enterprise and its staff is taken under control.

What for?

The objectives of the state examination of working conditions:

• Revealing the correctness of the previously produced specials.
• Evaluation of the conditions actually surrounding people in the enterprise.
• The control that the personnel correctly received guarantees, compensations if it is necessary to work in difficult, dangerous situations, regularly contacting with harmful factors.

When?

Implementation of the state examination of working conditions is possible when the regional court issued a ruling, determination. Also, the initiator, the entrepreneur or the association, which includes several employers, can act as the initiator.

Employees who want their jobs to be certified can request the procedure personally. Is it easier to do this through professional organizations - trade unions, designed to defend the benefits of staff. The making conclusion of the state examination of working conditions is beneficial to insurance companies working with the enterprise, including the Social Insurance Fund. Sometimes the audit is initiated by the representative bodies or companies that made a special assessment.

FZ: working conditions

If within the framework of the state control there were assumptions about the violation of the Labor Code, the territorial services can make a presentation according to which the state examination of the working conditions is organized.

As a rule, the audit reveals whether the company complies with the Federal Law, which was enacted in force in 2013 under the number 426. It is devoted to assessing working conditions, declares under what conditions people can work, what they are supposed to be rewarded for, compensation. Verification can begin with the receipt in the territorial body of an application from the workers of the enterprise, trade unions, employers, interested persons.

Features

As a rule, the state examination of working conditions begins with the statement of the person concerned. She also presents to officials materials, documents, on the basis of which the analysis of the company's workflow is carried out. If they were not submitted at once, then the agency sends an appeal to the enterprise, asking to send documentation to the workplaces in respect of which the event will be checked. Additional information officials get from the bodies involved in public services. Certain data are submitted by local government, organizations subordinate to state regulations. True, this happens only when all these persons have useful materials for examination.

In their work, officials, whose task - the state examination of working conditions, use the normative legal acts, acting at the federal level and in a specific subject, the municipality.

How will be appreciated?

What are the objectives of the state examination of working conditions? This is a revealing of the fact that workers are correctly compensated, in what conditions they work and how much jobs are brought into compliance with the laws in force. Officials will find out whether the personnel are provided with all the guarantees that employees are entitled to under the law.

At the same time, experts from state authorities have the right to visit the workplace, which is subject to evaluation. To do this, they must produce an ID. At the current time in our country there are no such employers who have the right to obstruct the inspector. Experts can demand documents and materials. The employer is obliged to provide such gratuitously and extremely quickly if it is confirmed that the state examination of working conditions needs this information.

And measure it!

In addition, experts from the state agency can monitor 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 objectives of the state examination of working conditions is the identification of all harmful, dangerous factors, and therefore, to achieve them, it is necessary to resort to any accredited facilities in order to detect all important sources of impact on personnel. The current federal laws, as well as some normative acts, tell what equipment can be used.

Experts: are there any obligations?

Considering the main objectives of the state examination of working conditions, it is necessary to highlight the identification of unsafe phenomena in the workplace. This helps people to understand the risks associated with working life, as well as to understand their rights, to know what compensation to expect.

For experts from state bodies to cope with their tasks, the scope of their obligations was outlined in legislation. First of all, this is the formation of reporting on the results of the studies. The report has the form of expertise, in which it is analytically based on why the working conditions correspond (or not) to the normative adopted in the country.

Such a conclusion goes directly to the management of the company, as necessary - to courts and trade unions, insurance companies, as well as to specific persons who initiated the audit.

In addition, experts are required by law to:

• objectivity;
• Justification of conclusions;
• Maintenance of safety of materials, the documentation received within the limits of carrying out of check;
• Preservation of received secret information.

We organize verification in our company: where to start

If the state examination of working conditions is initiated by the employer, he first of all writes a statement to the administration of the settlement. Paper will have to be registered, so that it is not lost and the order of document circulation was observed.

Next, you need to collect a package of documents accompanying the application. Typically, officials need a report, conducted earlier, on the activities of the special evaluation. If there are prescriptions for peer review, then they need to be attached to the documentation package. If hazardous and harmful factors are already known at the enterprise, then reports on inspections that have 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 submit it to officials. Also, the employer applies local regulations that describe the obligations assumed by him. It is necessary to present a provision on labor remuneration and LUM, dedicated to compensation due to harmful, dangerous factors.

How to send an application?

The simplest, and in the opinion of many, the most reliable way of sending documentation to the 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 portal "State Service". This requires an electronic digital signature to authenticate the documentation and encrypt it for protection.

As a result of the measures taken, the employer will receive a referral order. If the audit was not conducted, then the officials will send a notification to the company that the event was not organized.

Evaluation is protection

The state examination of working conditions is an activity aimed at protecting the interests of both employers and workers. In addition, it creates a favorable image of the company, makes it more attractive for employees: they see that entrepreneurs comply with the laws and are ready to guarantee their personnel protection and better working conditions, compensation and other preferences.

In addition, during the examination, qualified specialists reveal how much construction, technological projects, production technologies and applied equipment correspond to the laws that protect workers in the country. Experts compare real working conditions and standards, and if an accident occurred on the production line, they reveal the peculiarities of workplaces inherent in production areas at the time of the event.

What does the Ministry of Labor do?

State expertise is conducted with 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, in fact, expertise, but also for the introduction on the territory under their jurisdiction of the regulations, improvements that make labor protection more efficient and effective. From year to year, all new programs are created to improve the conditions of workers, and it is the regional division of the Ministry of Labor that is implementing them.

In addition, representatives of the state institution conduct training both among line personnel and among company managers. Themes of the seminars are labor protection. This allows you to get the right amount of knowledge to understand what working conditions are complex, dangerous, harmful, when it is necessary to certify workplaces, what benefits and benefits it will bring, and when it becomes an indispensable condition for the continuation of the firm's work.

What does expertise give?

Based on the findings of the opinions formulated by the experts upon completion of the audit, the enterprise can be liquidated if serious violations were found. In some situations, the court proposes to liquidate not 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 designate membership in a particular category of enterprises. State verification is also a method of protecting the rights of workers. According to the laws in force, all citizens of the country have the right to expect safety at work. In case of danger, they should be warned about this, they are compensated.

Special evaluation and state expertise

One of the rather controversial and unclear issues among employers is how important it is to conduct state expertise if a special job evaluation was organized at the enterprise. This issue is most fully disclosed in the Order of the Ministry of Labor, adopted in 2014, under the number 549n.

In the second paragraph of the first chapter of this fundamental document it is stated that the state examination is called upon to check the fact that the special assessment was carried out correctly, with observance of the standards, qualitatively, that is, it became the basis for calculating 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 conducting the examination are indicated (they have already been listed above, such as appeals, court orders, interest of supervisory bodies). That is, without complying with the current legislation, there is no need to organize state expertise, however, it is desirable to do so.

And pay?

As for the money issue, there are two cases: a check can be conducted free of charge or at the expense of the employer. The first option is possible when it is initiated in the interests of the judicial authority or there is a representation from the labor inspection.

But if the initiator of the process is the employer, then the firm will have to fork out, since the service will cost a pretty penny. Also, a paid examination will be provided if it is organized on the initiative of an employee, an alliance of workers. If the verification started with the application of only one person, then the specialists will study only his workplace, not paying attention to the others.

How long is it?

In most cases, the state examination of working conditions requires 30 working days for its conduct. The countdown begins on the day when the application initiating the procedure was registered. But the situation can be quite difficult. 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.

Once the conclusion is formed, signed and registered, it must be sent to the customer. This occurs within up to three business days. However, the procedure can 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 order established by the laws for the consideration of disagreements is launched.