The Business Ombudsman reminded entrepreneurs of the need for a special assessment of the working conditions of their employees.
Based on the information provided by the State Labor Inspectorate in the Moscow Region, since January 1st of 2014, a special assessment of working conditions has replaced the certification of workplaces.
The concept and rules according to which employers must organize and conduct a special assessment are defined by the Federal Law "On Special Assessment of Working Conditions" dated 12.28.2013 No. 426-FL.
Special assessment is the main procedure for justifying the need to provide employees engaged in work with harmful and (or) dangerous working conditions with guarantees and compensations - increased wages, reduced working hours, annual paid additional leave.
In the case of ensuring safe working conditions at workplaces, confirmed by the results of a special assessment or the conclusion of a state examination of working conditions, the guarantees and compensation provided by the Labor Code of the Russian Federation for workers working with harmful and (or) dangerous working conditions are not established.
The results of the special assessment, provided that safe working conditions are ensured, can serve as a basis for obtaining a discount to the insurance tariff for compulsory social insurance against accidents and occupational diseases, as well as reducing the additional tariff of insurance contributions to the Social Fund of Russia, taking into account the class (subclass) of working conditions in the workplace, according to Article 428 of the Tax Code of the Russian Federation.
The results of the conducted special assessment are the justification for the employer's financing of measures to improve working conditions and occupational safety, providing employees with means of individual and collective protection, including at the expense of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases.
In case of possible disagreements between employees and the employer, the results of the special assessment contribute to solving the issue of the connection of diseases that have arisen in employees with the effects of harmful and (or) hazardous production factors, as well as the investigation of industrial accidents and occupational diseases.
- The protection of the life and health of employees should concern every manager. In order to avoid violations, the employer, starting in 2014, is obliged to conduct a special assessment of workplaces before admitting employees to them. For non-compliance with this requirement, the employer (organization or individual entrepreneur) may be brought to administrative responsibility in accordance with Part 2 of Article 5.27.1 of the Administrative Code of the Russian Federation.
If a similar administrative offense is detected again, the employer may be subjected to administrative punishment in accordance with Part 5 of Article 5.27.1 of the Administrative Code of the Russian Federation. I urge the business community not to neglect the requirements of the legislation and take care of their employees in a timely manner," said Vladimir Golovnev, the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region.