Considering the issue of realizing the rights of employees for guarantees and compensation for working with harmful and dangerous working conditions, the problem of a significant difference in the classification criteria that existed in the performance of workplace attestation according to working conditions from the methods established for carrying out a special assessment of working conditions became apparent. For more than two years there has been a special assessment of working conditions. During this time and in the law on the special assessment of working conditions and in the methodology of its conduct, deficiencies have been found that reduce the amount of guarantees and compensations provided to employees in terms of working conditions, and in some cases completely depriving them of previously established guarantees and compensations without any changes in working conditions .
Applying Federal Law No. 426-FZ of 28.12.2013 "On a special assessment of working conditions", it is necessary to pay attention and avoid significant contradictions of the law with the requirements of sanitary legislation in accordance with the Federal Law of 30.03.1999 No. 52-FZ "On Sanitary Epidemiological welfare of the population. "
According to the Federal Law of December 28, 2013 № 426-FZ "On the special assessment of working conditions" art. 3 "Special assessment of working conditions is a single set of sequentially implemented measures to identify harmful and (or) hazardous factors in the work environment and the labor process and to assess the level of their impact on the employee, taking into account the deviation of their actual values from the norms established by the federal executive body authorized by the Government of the Russian Federation (Hygienic standards) working conditions and the application of individual and collective protection of workers. "
Thus, in the law on special evaluation as standards for the impact of production factors on the worker, hygienic standards are fixed.
Order of the Ministry of Labor of Russia of January 24, 2014 No. 33n approved the Methodology for carrying out a special assessment of working conditions. In the appendices Nos. 11-14 of the Methodology, numerical values of the levels of the physical factors of the production environment (noise, vibration, ultrasound, infrasound, microclimate indicators) are established, which are not hygienic standards and are used to assess the factors of the production environment. The indicated indicators for numerical levels differ significantly from hygienic standards and, in violation of Article 3 of Federal Law No. 426-FZ of December 28, 2013, are used to assess the level of exposure to harmful and (or) hazardous factors of an industrial environment to an employee, in fact substituting hygienic standards.
In addition, according to the Federal Law of 30.03.1999 No. 52-FZ art. 39, p.4. "Normative legal acts relating to the provision of sanitary and epidemiological welfare of the population, adopted by federal executive bodies, executive authorities of the subjects of the Russian Federation, local government bodies, decisions of legal entities on these issues, construction norms and rules, labor protection rules, veterinary and phytosanitary Rules should not contradict the sanitary rules. "
The methodology is the main and only document, guided by which it is necessary to conduct a special assessment of working conditions. At the same time, it does not meet any criterion of a normative act containing state regulatory requirements for labor protection. The procedure for the development, approval and amendment of subordinate regulatory legal acts containing state regulatory requirements for labor protection is established by the Government of the Russian Federation. Decree No. 1160 of December 27, 2010. Regulatory legal acts containing state regulatory requirements for labor protection include: labor safety standards; Rules and model instructions on labor protection; State sanitary and epidemiological rules and standards (sanitary rules and norms, sanitary norms, sanitary rules and hygienic standards that establish requirements for the factors of the working environment and the labor process).
This puts the Methodology in an exclusive position and leaves open the question of whether the result of the works carried out on its basis will be completely protected from successful judicial appeal.
|The name of the factors of the working environment and the labor process||Class (subclass) of working conditions|
|Workplace Certification for Work Conditions||Special Conditions of Work Assessment|
|The severity of the work process||3.1||2|
|Summary class (subclass) of working conditions||3.2||2|
|Warranty and Compensation Types|
|Increased pay for an employee (employees)||at least 4%||none|
|Annual additional paid vacation||at least 7 days||none|
1 According to: Sanitary rules for the hygiene of drivers N 4616-88 dated May 5, 1988;
CH 2.2.4 / 188.8.131.522-96. Noise at workplaces, in premises of residential, public buildings and on the territory of residential buildings;
GOST 12.1.003-83. Noise. General security requirements.
Acceptable noise 60 60 60 60 60.
The method of conducting a special assessment of working conditions, approved by order of the Ministry of Labor of Russia on January 24, 2014 No. 33n allowable noise ≤80 dBA.
Thus, on the example of the driver's car seat, the possibility of changing the class of conditions based on the results of the conducted evaluation is created without making appropriate changes in working conditions (reconstruction and modernization of equipment, limiting employee contact with harmful production factors, etc.).
In contrast to the certification of workplaces for working conditions with a special assessment of working conditions, it is not envisaged to carry out measurements and study various factors of the production environment and the labor process in accordance with the following indicators:
In conclusion, we recommend that employers more cautiously approach the issues of conducting a special assessment of working conditions, drawing attention to the fact that the main reasons for the mistakes made by experts in the course of a special evaluation lie in the shortcomings and inconsistency of the law, as well as in the human factor.
In order to remedy the situation, it is necessary to improve legislation, to adapt hygienic standards.
Help. Currently, after the address of the Chairman of the Federation of Independent Trade Unions of Russia, M. Shmakov, the apparatus of the Government of the Russian Federation considers the issue of the delineation of powers between the Ministry of Labor of Russia and Rospotrebnadzor in the evaluation of working conditions.
Our company is professionally engaged in a special assessment of working conditions - SOST, more similar information is available at http://www.ohranatrud.ru/pages/ozenka/
Alexander N. Krymov
Head of Investigation of Industrial Accidents
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