Warning and alarm systems at any facility ensure the safety of people and property in case of fire. Some modifications report a fire to the Ministry of Emergency Situations, others notify people in the building, and others control automatic fire extinguishing equipment. But any systems must be in good working order and meet the requirements of technical standards in order to function effectively during an emergency. This requires regular testing of the fire alarm system.
On a note! Until 2020, regulations were established with a frequency of once a quarter. Now the deadlines are set by the head of the organization or enterprise, focusing on the operating manual and international standards.
How to check a fire alarm and who has the right to carry out the activities
The implementation of inspections and tests of fire safety systems is regulated by GOST R 57369.2016. It prescribes the implementation of comprehensive measures to establish the compliance of detectors and other equipment with the requirements:
- security of a specific facility;
- design and technical documentation;
- internal fire regulations;
- standards apply.
The equipment must be checked by a specialist with the necessary qualifications and experience. He himself or the organization in which he works is required to be a member of the voluntary certification system. Such specialists know how to check the functionality of a fire alarm, as well as the sequence of technical and test activities.
Fire alarm maintenance
HOW TO CHECK
How will employers be checked in 2020?
When conducting scheduled inspections of all employers - legal entities and individual entrepreneurs - state labor inspectors use checklists (checklists) from July 1, 2020, and when conducting scheduled inspections of employers classified as moderate risk - from January 1, 2020 (actually from February 4, 2020). The subject of a routine inspection of all employers is limited to the list of questions included in the checklists.
Among all supervisory authorities, Rostrud has the largest number of checklists - 107 (for comparison: Rosprirodnadzor has 7, Rospotrebnadzor and the Ministry of Emergency Situations have 3 each, Rosreestr has 1). In the near future there will be even more of them - Rostrud has prepared a draft order[6] approving another 28 checklists. Among them are issues related to the financial responsibility of the employee, the organization of vocational education and advanced training, as well as compliance with labor protection requirements in the coal industry.
How to prepare for the test?
Based on clause 7 of the general requirements for the development and approval of checklists (checklists), approved by Decree of the Government of the Russian Federation of February 13, 2017 No. 177, questions from the checklists can be used for self-testing. And by letter dated 03/07/2018 No. 837-TZ, Rostrud sent Methodological recommendations for employers on voluntary internal control (self-control) of compliance with labor legislation and other regulatory legal acts containing labor law norms.
Not everything is so simple with regard to the unambiguous answers to the questions posed in the checklists. Here are some examples:
What specific checklists will they be used to check? How many inspectors will there be? What should be included in the inspection order?
In practice, when carrying out scheduled inspections of the State Tax Inspectorate for the majority of inspected organizations, on average, the first 36–37 checklists on the list plus checklist No. 100 are used.
Occupational safety checklists will be used depending on the specifics of the organization’s activities. Some of the questions specified in the checklists are used if the employer has a corresponding type of economic activity according to the Federal Tax Service, real estate and equipment on which this type of work is carried out, professions and positions in the staffing table performing this type of work. In some regions, there has already been a tendency for employers to en masse apply to the Federal Tax Service to exclude additional OKVED regulations.
The order to conduct an inspection must indicate specific numbers of checklists that will be used when conducting a scheduled inspection in relation to a specific employer.
Note!
Indicating all checklists in an inspection order is unacceptable and may negatively affect the transparency of supervisory activities.
In addition, the order may indicate several officials. As a rule, this is a labor protection inspector and a legal inspector. The number of inspectors is actually limited only by the numerical composition of the corresponding territorial body of Rostrud. And if the inspector, due to temporary disability, being on vacation, business trip, dismissal or other valid reasons, was unable to come out for the inspection, then appropriate changes are made to the inspection order, formalized by order.
Recently, orders also contain a QR code, which contains an encrypted link to the website of the Unified Register of Inspections. By dialing the inspection account number specified in the checklist or scanning the QR code, you can subsequently familiarize yourself with the results of the inspection, view information about the execution of the order and find out whether the perpetrators have been brought to administrative responsibility.
What documents should the organization receive after the audit?
Upon completion of the inspection, the employer will receive an inspection report with copies of the completed checklists attached.
If violations are discovered - also an order to eliminate violations of labor legislation, and if violations are identified in terms of labor safety training - an order to remove from work persons who have not received training in safe methods and techniques for performing work, instructions on labor protection, in accordance with the established procedure, on-the-job training and testing of knowledge of labor protection requirements.
How will the checklist and inspection report be filled out during an inspection?
By law, checklists include lists of questions affecting the most significant mandatory requirements of labor legislation and other regulatory legal acts containing labor law standards imposed on employers.
The columns “Inspection Account Number” and “Date of Entry into the Unified Register of Inspections” of the checklist must be filled in, for example: No. 0018000xxxxxx dated 02/08/2018.
According to Part 11.5 of Art. 9 of Federal Law No. 294, the checklist is filled out based on the results of the inspection and is attached to the inspection report. However, the article does not specify which one.
According to clause 61 of the Administrative Regulations, the inspection report is drawn up by an authorized official of the territorial body of Rostrud immediately after its completion in two copies having equal legal force, one of which, with copies of the attachments, is handed over to the authorized representatives of the person being inspected against a receipt for familiarization.
The original check sheet is attached to the inspection report kept by the labor inspector, and copies of the check sheets are attached to the inspection report handed to the employer (his representative)[7].
Is it possible to receive an inspection report and checklist in electronic form?
The regulations on the type of federal state control (supervision) provide for the possibility of issuing checklists in the form of an electronic document signed with an enhanced qualified electronic signature in accordance with the Federal Law “On Electronic Signatures” (clause 5 of the Government of the Russian Federation of 02/13/2017 No. 177 “On approval general requirements for the development and approval of checklists (checklists)."
However, the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law standards[8] do not currently provide for the possibility of issuing a checklist in the form of an electronic document. The employer, even if desired, will not be able to receive an inspection report in the form of an electronic document[9], since it is impossible to attach a verification sheet on paper to the act in the form of an electronic document.
Does the inspection report specify the number of employees against whom violations were identified?
The questions formulated in the checklists vary according to the number of subjects. For example, checklist No. 2 asks questions in relation to the employee, and checklist No. 22 asks questions in relation to employees. The situation is similar with regard to the employment contract.
However, the act (if a violation is identified) will indicate that a similar violation of the requirements of the regulatory legal act was committed, for example, in relation to 5 employees indicating their names, so there are no difficulties in this.
Are checklists used as evidence in an administrative offense case?
Yes, they are used. As an example, we can cite the resolution in the case of an administrative offense dated March 28, 2018 No. 80/5-186/2018, issued by the magistrate of the judicial district No. 80 of the Oktyabrsky district of the city of Kirov, in which checklists are given as evidence of violations of labor protection requirements . Since the person brought to administrative responsibility did not dispute the essence of the alleged violations under Part 1 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the court applied an administrative penalty in the form of a warning.
Is it possible to appeal the order?
It will become more difficult to appeal against orders issued based on the results of a scheduled inspection carried out using checklists, since they are issued in the event of an obvious violation of labor legislation, and the answers to the questions posed in the checklists unambiguously (and therefore obviously) must indicate the presence of or no violation.
A separate layer of court decisions will be formed by appealing the results of inspections using checklists regarding compliance with labor protection requirements, since some of the checklists contain references to documents that are advisory and not mandatory, for example, Resolution of the Ministry of Labor of Russia dated December 17, 2002 No. 80 “On approval of Methodological Recommendations for the development of state regulatory requirements for labor protection.”
Will consolidated checklists be used during joint inspections of Rostrud and Rospotrebnadzor?
When conducting joint scheduled inspections, consolidated checklists (checklists) developed and approved by several state control (supervision) bodies may be used.
For example, during a joint scheduled inspection of Rostrud and Rospotrebnadzor, a consolidated checklist may be approved regarding the verification of the provision of personal protective equipment for workers whose activities are associated with a high risk of contracting infectious diseases. We remind you that the employer is obliged to provide employees belonging to occupational risk groups with special clothing and repellents[10].
There are currently no approved summary checklists.
How to test a fire alarm for functionality
How often the functionality of automatic fire alarm systems should be checked depends on its type:
- APS, AUPS and SOUE – once every 3 months;
- AUPT – once every 6 months.
It is necessary to strictly adhere to the schedule. In addition to scheduled fire alarm inspections, unscheduled inspections are also provided; they are carried out after repairs, if a malfunction is suspected, and in other cases. The entire SDR is monitored:
- smoke, heat and other sensors;
- fire extinguishing installations are checked, including hydrants, taps and other elements;
- central control point;
- the state of the electrical circuit is monitored, including loops and electric current characteristics;
- documents for the OPS.
Important! Not only the timing of fire alarm inspections is regulated. The standards establish methods for carrying out activities, and work must be carried out using certified measuring instruments and testing equipment.
Sample document on quarterly control
A basic level of
A key element of a security system is knowledge of regulations. A detailed description of the verification rules is enshrined in the Federal Law on the protection of the rights of legal entities and individual entrepreneurs. There is a moratorium in the country until the end of 2020. Small and medium-sized businesses were exempted from planned control. Deviation from the president's instructions is permitted in exceptional cases after agreement with the prosecutor's office. The maximum duration of the inspection should not exceed 20 days, and duplication of referrals is recognized as a gross violation.
The moratorium does not apply to the activities of individual bodies. Thus, the order will not protect you from visits from tax or customs inspectors, law enforcement officers, or currency regulation specialists.
Training of full-time employees becomes an important element of safety. The staff must have detailed instructions in case of auditors' attendance. Coordinated and competent actions will eliminate abuse and also reduce the risk of inspectors receiving distorted information. Lawyers insist on introducing a whole mechanism:
- Trade secret mode. An entrepreneur or head of a company has the right to approve special regulations. Hired employees will need to be familiarized with a list of data, the distribution of which is not allowed, upon signature.
- Pass system. The security service must be given precise instructions in case officials appear. Thus, controllers should not encounter open resistance. Security guards are required to familiarize themselves with their IDs, make an entry in the visitor book and report the visit to an authorized person. Access control is not a violation. Obstructing the work of employees of government departments is recognized as a misdemeanor and entails the imposition of sanctions (19.3–19.4 Code of Administrative Offenses of the Russian Federation).
- The policy of "silent defense". The employer has the right to reduce communication with employees of supervisory agencies to a minimum. The argument will be a reference to Article 51 of the Constitution of the Russian Federation. The norm allows you not to testify against yourself. An entrepreneur can avoid accidental mistakes and reservations of hired personnel by clearly delineating powers. The head of the company officially delegates the function of issuing documents and explanations to one specialist. In most cases, this becomes a qualified lawyer. Inspectors are notified of the decision in writing, indicating methods of communication and contact information. Other employees will not need to comply with requests from the regulatory agency. When presenting a demand, they have the right to refer to the lack of appropriate authority.
- Regular risk analysis. Representatives of federal departments have repeatedly stated the need and effectiveness of self-control. The Russian Ministry of Labor even launched a special program for online business diagnostics. Using the methodological recommendations of public services, it is possible to periodically evaluate activities for compliance with regulations and standards. The entrepreneur's memo from the Russian Prosecutor's Office will also help you avoid mistakes. Such instructions are published on the websites of regional departments.
Experts include the “Alarm” mobile application, developed on the initiative of Ombudsman Titov, as additional protective measures. The mobile application allows you to combat illegal actions and provides legal support to businessmen in case of unexpected appearance of auditors. The presence of a certified lawyer on staff is of great importance. If you can’t hire a specialist, you can enter into an agreement for operational services.
Documentation of events
The top manager of an enterprise or organization approves the frequency of fire alarm checks, the work itself is performed by a specialist, in accordance with the standards, the results of the measures are documented by drawing up a report, which should contain the following information:
- information about the enterprise where the work is carried out;
- information about the specialist;
- date of the event;
- type of PPP;
- list of completed works in a table;
- conclusion on the results.
Control work consists of a visual inspection of the system and its working modules, technological operations, parameter measurements and other procedures - as necessary. The price of events is regulated by KOSG. When a specialized organization is involved in the work, upon completion, the enterprise receives a certificate registered in the federal register. This fact makes such cooperation extremely attractive.
https://youtu.be/Xkp1VAV-SH8
Check in the absence of the entrepreneur
Law No. 294-FZ prohibits carrying out control measures in the absence of a merchant or his authorized representative. The following circumstances are considered exceptions:
- causing harm to people, the environment, or property of third parties;
- damage to monuments and cultural sites;
- threat to state security;
- creating the risk of an emergency or accident.
If there is at least one of the reasons, officials come without warning. In a similar manner, measures are carried out on the representation of state or municipal bodies (Article 10 of Law 294-FZ). Business representatives are notified 24 hours in advance of other unscheduled inspections.
If the inspection authorities initiate an inspection in the absence of the owner, you should act remotely. The entrepreneur has the right to communicate with officials by telephone, find out the reasons for the visit, the number and reasons for the presented report.
In the absence of an authorized specialist, an employee present at work will have to record the actions of the inspectors. He doesn't have to give any explanations. In conversations with officials, it is better to refer to Article 51 of the Constitution of the Russian Federation and the threat of dismissal for disclosing trade secrets. But you can rewrite the identity details. The information will make it easier to challenge illegal decisions.
The entrepreneur is advised to arrive on site immediately. If it is not possible to meet with the auditors in person, you must send a trusted representative for a conversation.
