Article 216.1 of the Labor Code of the Russian Federation in a new edition with Comments and latest amendments for 2020

What is state examination of working conditions

Labor legislation strictly delineates the procedure for conducting expert procedures in relation to various organizations. In addition, legislative acts provide an explanation of this procedure as a set of measures to determine operating conditions, work procedures, as well as identify dangerous or harmful production factors in production.

How should the procedure take place?

For your information! Articles of the Labor Code indicate that assessments are mandatory in organizations from various sectors of the economy. This activity plays an important role in minimizing hazardous or harmful factors.

Why is state examination needed?

State examination has a specific direction and serves to identify hazardous factors in work. It must be carried out in accordance with regional or federal regulations and only if there are certain grounds. The inspection is accompanied not only by filling out some documents, but in some cases also by a practical inspection of workplaces. In accordance with the orders of the authorities, a special procedure for its implementation has been established.

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Reasons for refusal to provide public services

In accordance with paragraph 27 of the Administrative Regulations, the law does not provide grounds for refusal to accept documents necessary for conducting an examination of working conditions. At the same time, certain grounds are allowed for suspension or refusal to provide public services. At the same time, suspension of a public service is possible if an incomplete set of documents submitted by the employer is provided, provided that they can be additionally requested from the applicant. The provision of services may be refused if:

the application does not contain the information required by paragraph 20 of the Administrative Regulations;
the application was received from a person not included in the circle of applicants provided for in paragraph 2 of the regulations;
failure by the applicant to submit the documents specified in paragraph 21 of the regulations;
providing false documents or knowingly false information.

Grounds for the examination

Main directions of state policy in the field of labor protection

The law provides for several standard grounds on which an examination is carried out:

if there is an appeal from both the employer and trade union organizations of workers;
when making court decisions;
in case of issuing orders from the labor state inspectorate.

Note! Violations identified during inspections by government services serve as exceptional grounds. Various accidents or emergencies also serve as the basis.

Executive authorities and other structures conducting similar procedures

Who initiates the GEUT?

Important ! State examination is exclusively of a declarative nature!

Among the reasons on the basis of which an examination may be carried out are:

official appeal from employees and their representatives;
appeal from insurers under a social insurance agreement;
based on a court decision;
according to the submissions of the State Tax Inspectorate during the implementation of supervisory activities;
at the request of the employer or employees of the Social Insurance Fund.

If the initiator is an employee, the examination of working conditions is carried out only at his workplace. But, if similar places of employment were registered in the SOUT card, the examination automatically extends to them.

Important ! The examination is carried out free of charge if the basis is an appeal from executive authorities, a court decision or the State Tax Inspectorate.

For trade union employees or enterprise managers, the check will be paid if the application was made directly and not through the State Tax Inspectorate. Also, whether payment is necessary or not depends on the purpose of the operation. Quite often, the procedure is carried out free of charge, but the necessary measurements and studies of dangerous and external factors are paid exclusively by the manager.

Objectives and regulations for events

Regulatory acts establish special regulations, which include the date of the inspection, stages of inspection and a list of questions. A list of officials, an expert carrying out the examination and a deadline for completing the procedure in accordance with the law are also established.

Procedure for examination

It all starts with notifying the organization about the upcoming inspection, transferring documentation, as well as conducting a practical inspection of working conditions.

Note! The last stage of the examination is a written conclusion.

Submission of documents for verification

The management of the organization or responsible officials are obliged, when carrying out an inspection, to hand over the entire package of necessary documents to representatives of state executive authorities and not interfere with the exercise of their legal powers.

Functions of the expert commission

When carrying out an inspection, the authorities conduct an inspection in relation to:

conditions for carrying out labor activities by individual employees and staff units;
the presence of dangerous or harmful working conditions, which must be recorded and provided with compensation payments to workers;
identifying shortcomings and shortcomings in the documentation and practical implementation of standards in the field of protecting safe activities.

Registration of examination results and its consequences

Documentation includes writing a conclusion, which is drawn up in accordance with GOST and document flow standards. Such an act contains final conclusions about the state of labor protection at the enterprise, as well as instructions for eliminating identified shortcomings.

Scheme of implementation of the procedure in relation to various organizations

Service provision period

In accordance with the articles of the Labor Code of the Russian Federation, the examination is limited to certain periods. After considering the workers’ appeal (if a trade union has complained) within 30 days and setting a specific date for its implementation, civil servants are given 30 days to carry out the procedure and draw up a final conclusion.

Bodies carrying out examination of working conditions

State control in the field of labor relations is a special form of assessment of working conditions, and is regulated by the relevant legislative act, which determines within what special standards the inspection will be carried out, and which state control bodies will be responsible for carrying out such a special assessment.

In essence, state examination of working conditions is a comprehensive exercise for analyzing and assessing the quality of carrying out the established norms of labor activity.

This procedure is of particular importance in those areas that can negatively affect the health or life of an employee, and where it is imperative to adhere to norms and rules that will minimize the negative impact on a person.

According to the provisions of Part 1 of Article 216.1 of the Labor Code of the Russian Federation, state verification of the compliance of the quality of working conditions with a special norm of the legislative system of the Russian Federation is carried out by the following authorities:

the Federal Labor Inspectorate, which monitors and monitors working conditions throughout the country, creates and implements new projects and standards that are designed to help protect people from any difficulties associated with their work activities;
the executive branch of government in the regions, which is responsible for monitoring compliance with the normal working conditions established by law in the territory of specific Russian subjects of jurisdiction.

It is worth noting that monitoring compliance with normal working conditions is limited in time. According to the requirements specified in Article 216.1 of the Labor Code of the Russian Federation, the deadline for conducting a state labor examination cannot be more than 30 days from the date of registration with the authorities of the grounds for conducting a large-scale inspection (clause 18 of the Procedure for conducting the examination). However, the legislator provides that this period can be extended, but not more than by 60 days. In addition, the period for conducting a state labor examination is extended only if there are good reasons.

Grounds for refusal

Labor legislation does not contain provisions for refusing to conduct an examination to organizations, regardless of their field of activity. Only the motives for violations during its conduct or failure to conduct an inspection within the established time frame have been established, for which management and officials can be prosecuted by law.

Note! Executive authorities are obliged to carry out inspections in relation to all interested parties.

Appeal procedure

To appeal the results of the inspection, representatives of the management team of the enterprise must send a special appeal. The document is addressed to the management of the institution whose employees carried out the examination. After this, the results of the previously performed procedure must be verified. If this does not yield anything (the decision is not overturned), then the director of the enterprise has the right to sue.

Submitting an application for an examination

To begin the state examination procedure, the applicant must contact the authorized organization with an application that contains all the required information. Including the following:

full name of the enterprise;
FULL NAME. and the applicant's address;
information about workplaces at the site;
data on previous inspections.

A package of other documents may also be attached to the application. They are collected depending on the purpose of the inspection.

If the inspection is initiated at the request of a court or labor inspectorate, the application must be registered with the authorized body. From the moment the application is registered, the countdown begins for the time to receive a response and to carry out the procedure itself.

If the inspection is carried out to analyze the quality of the special assessment, then a receipt for payment for the state examination is attached to the application.

Federal legislation

The federal body responsible for implementing policy in the field of labor protection also develops regulations regarding the implementation and implementation of examinations in relation to industrial enterprises. These acts are valid at the level of federal laws or government regulations. Also, such bodies carry out control supervision over the implementation of legislation.

Procedure for carrying out a special procedure

The main goals of the state examination of working conditions, established by federal legislation, are to improve and increase the overall efficiency of labor activity and the work process as a whole, as well as respect for the rights of employees. While this may seem like a headache to some managers, it is actually an important procedure. Compliance with the instructions made by the commission during the inspection may save someone’s life.

Commentary on Article 216.1 of the Labor Code of the Russian Federation

State examination of working conditions is carried out by the Federal Labor Inspectorate. The regulation on carrying out this examination was approved by Decree of the Government of the Russian Federation of April 25, 2003 N 244.

State examination of working conditions makes it possible to assess the quality of the certification carried out and the validity of paying compensation for “harmfulness”. Let us remind you: employees who are engaged in heavy work, work in dangerous or harmful conditions, are entitled to additional payments to their earnings and compensation. The list of such work, the minimum amounts and conditions for increasing earnings for citizens engaged in “harmful” work must be determined by the Government of the Russian Federation (Article 147 of the Labor Code of the Russian Federation). But since such a document has not yet been developed to date, when assigning additional payments, they are guided by the list approved by Resolution of the State Committee of Labor of the USSR and the All-Union Central Council of Trade Unions of October 3, 1986 N 387/22-78.

In addition to hazard pay, employers are required to pay compensation. Their size, conditions and payment procedure must also be determined by the Government of the Russian Federation. However, to pay such compensation, it is not enough that the employee’s work is included in the list of heavy, harmful or dangerous work. The employer will also need to conduct workplace certification. Its results or the conclusion of a state examination will confirm that the working conditions are safe, and there is no need to pay compensation.

In general, organizations must conduct workplace certification at least once every five years. The procedure for its implementation should be developed by the Ministry of Health and Social Development of Russia (Article 209 of the Labor Code of the Russian Federation). Let us remind you: the Certification Regulations, approved by Resolution of the Ministry of Labor of Russia dated March 14, 1997 N 12, are still in effect. During the certification, harmful production factors, injury safety, and the provision of personal protective equipment are assessed.

In turn, the state examination of working conditions makes it possible to assess the quality of the certification carried out and the validity of the payment of compensation. Now it is carried out in accordance with the Regulations approved by Decree of the Government of the Russian Federation of April 25, 2003 N 244.

In addition, the state examination is designed to assess the extent to which construction projects, reconstruction, technical re-equipment of production facilities, the production and introduction of new equipment, and the introduction of new technologies comply with state regulatory requirements for labor protection. As well as the actual working conditions of workers, including in the period immediately preceding the industrial accident.

The commented article answers the question on what basis the state examination of working conditions is carried out. This is done when:

— the judicial authorities made a corresponding determination;

- in the event of an appeal from executive authorities, employers, associations of employers, workers, trade unions, their associations, other representative bodies authorized by employees, the Federal Social Insurance Fund of Russia.

Persons carrying out state examination of working conditions have the right:

- freely, if you have a standard certificate, visit any employer to carry out an examination;

— request and receive free of charge the documents and other materials necessary for the examination;

— carry out appropriate observations, measurements and calculations with the involvement, if necessary, of research (measuring) laboratories.

Persons carrying out state examination of working conditions are obliged to:

— based on the results of the examination, draw up conclusions on the compliance (non-compliance) of working conditions with state regulatory requirements for labor protection and send these conclusions to the court, executive authorities, employers, associations of employers, employees, trade unions, their associations, other representative bodies authorized by employees, bodies of the FSS of Russia;

— ensure the objectivity and validity of the conclusions set out in the conclusions;

— ensure the safety of documents and other materials received for the examination and the confidentiality of the information contained in them.

Submitting an application for an examination

To begin the state examination procedure, the applicant must contact the authorized organization with an application that contains all the required information. Including the following:

full name of the enterprise;
FULL NAME. and the applicant's address;
information about workplaces at the site;
data on previous inspections.

A package of other documents may also be attached to the application. They are collected depending on the purpose of the inspection.

If the inspection is carried out to analyze the quality of the special assessment, then a receipt for payment for the state examination is attached to the application.