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It is registered

Ministry of Justice

Russian Federation

On November 25, 2019 No. 56629

ORDER OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION
AND THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON WORK AND EMPLOYMENT

of August 23, 2019 No. 231

About approval of Administrative regulations of implementation by Federal Service for Labour and Employment of the state control (supervision) of observance of requirements of the legislation of the Russian Federation on special assessment of working conditions

According to part 1 of article 25 of the Federal Law of December 28, 2013 No. 426-FZ "About special assessment of working conditions" (The Russian Federation Code, 2013, No. 52, Art. 6991; 2018, No. 53, the Art. 8479), Item 2 of Rules of development and approval of the administrative regulations of implementation of the state control (supervision) approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506; 2017, No. 44, Art. 6523; 2018, No. 6, Art. 880; No. 25, Art. 3696; No. 36, Art. 5623; to No. 46, of the Art. 7050), I order:

approve the enclosed Administrative regulations of implementation by Federal Service for Labour and Employment of the state control (supervision) of observance of requirements of the legislation of the Russian Federation on special assessment of working conditions, according to appendix.

Head

M.Yu.Ivankov

Appendix

to the Order of the Federal Service of the Russian Federation on work and employment of August 23, 2019 No. 231

Administrative regulations of implementation by Federal Service for Labour and Employment of the state control (supervision) of observance of requirements of the legislation of the Russian Federation on special assessment of working conditions

I. General provisions

Name of function

1. Implementation of the state control (supervision) of observance of requirements of the legislation of the Russian Federation on special assessment of working conditions (further - the state control (supervision).

The name of the body exercising the state control (supervision)

2. The state control (supervision) is exercised directly by Rostrud and its territorial authorities.

3. Direct realization is assigned to the officials of Rostrud or its territorial authorities authorized on carrying out the state supervision (control) of compliance with law of the Russian Federation about work and other regulatory legal acts containing regulations of labor right (further - the official).

4. According to provisions of articles 2 and 7 of the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2011, No. 30, Art. 4590; 2014, No. 11, Art. 1092; No. 26, Art. 3366; No. 42, Art. 5615; 2015, No. 18, Art. 2614; No. 29, Art. 4372; 2016, No. 27, Art. 4187, 4210; 2018, No. 18, Art. 2564; No. 32, Art. 5109, 5114; 2019, 12, the Art. 1231) (further - the Federal Law No. 294-FZ) Rostrud and its territorial authorities when implementing the state control (supervision) involve with No. experts, the expert organizations for the purpose of assessment of conformity to requirements of the legislation of the Russian Federation about special assessment of working conditions, and also the analysis of observance of the specified requirements performed by legal entities, individual entrepreneurs of activities or their actions (failure to act), carrying out monitoring of efficiency of implementation of the state control (supervision), accounting of the results performed and the necessary reporting on them.

The regulatory legal acts regulating implementation of the state control (supervision)

5. The regulatory legal acts regulating implementation of the state control (supervision) are posted on the official site of Rostrud on the Internet, in the federal state information system "Federal Register of the State Services (Functions)" (further - the federal register) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal of the state and municipal services (functions).

Subject of the state control (supervision)

6. Subject of the state control (supervision) is observance by the employers and organizations performing carrying out special assessment of working conditions, requirements of the legislation of the Russian Federation about special assessment of working conditions.

The state control (supervision) is exercised by means of carrying out scheduled and unscheduled inspections, issue of instructions, obligatory for execution, about elimination of violations, creation of protocols on administrative offenses within powers of the state inspectors of work, preparation of other materials (documents) on involvement of guilty persons for responsibility according to the Federal Laws and other regulatory legal acts of the Russian Federation.

The rights and obligations of officials of Rostrud and its territorial authorities when implementing the state control (supervision)

7. The state control (supervision) is exercised by officials of Rostrud and its territorial authorities in the relation:

a) the legal entities or physical persons registered as individual entrepreneurs and who are performing business activity without formation of legal entity, entered employment relationships with citizens (further - employers);

b) the citizens of the Russian Federation, foreign citizens and stateless persons which entered employment relationships with employers, except for the home-workers, remote workers and workers who entered employment relationships with employers - the physical persons who are not individual entrepreneurs (further - workers);

c) the organizations performing carrying out special assessment of working conditions.

8. Officials of Rostrud and its territorial authorities in accordance with the legislation of the Russian Federation on duty have the right:

a) according to the procedure, established by the Convention No. 81 of the International Labour Organization "About inspection of work in the industry and trade" (is accepted in Geneva on July 11, 1947 at the 30th session of the General conference of the International Labour Organization) ratified by the Federal Law of April 11, 1998 No. 58-FZ "About ratification of the Convention of 1947 on inspection of work and the Protocol of 1995 to the Convention of 1947 on inspection of work, the Convention of 1978 on regulation of questions of work and the Convention of 1981 on safety and occupational health and the production circle" (The Russian Federation Code, 1998, No. 15, the Art. 1698) (further - the Convention No. 81 of the ILO), the Federal Law No. 294-FZ, the Labor Code of the Russian Federation (The Russian Federation Code, 2002, No. 1, Art. 3; 2019, No. 31, the Art. 4451) (further - the Labor Code of the Russian Federation), Regulations on federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right, the approved order of the Government of the Russian Federation of September 1, 2012 No. 875 (The Russian Federation Code, 2012, No. 37, Art. 4995; 2015, No. 30, Art. 4586; 2016, No. 48, Art. 6773; 2017, No. 9, Art. 1361, No. 38, Art. 5618, No. 48, Art. 7233; 2018, No. 9, of the Art. 1386, No. 19, of the Art. 2752) (further - Regulations on federal state supervision) freely at any time in the presence of certificates of the established sample to perform observance by the employers and organizations performing carrying out special assessment of working conditions, requirements of the legislation of the Russian Federation about special assessment of working conditions;

b) request from employers and their representatives, and also the organizations performing carrying out special assessment of working conditions, executive bodies of subjects of the Russian Federation and local government bodies and to gratuitously receive from them the documents, explanations, information necessary for execution of the state function;

c) withdraw for the analysis samples of the used or processed materials and substances with the notification on it of the employer or his representative and to draw up the relevant statement;

d) show to employers and their representatives instructions, obligatory for execution, about elimination of violations of requirements of the legislation of the Russian Federation on special assessment of working conditions, about recovery of the violated rights of workers, attraction guilty of the specified violations to disciplinary responsibility or about their discharge from position;

e) show to the organization performing carrying out special assessment of working conditions, instructions, obligatory for execution, about elimination of violations of requirements of the legislation of the Russian Federation on special assessment of working conditions;

e) constitute protocols on administrative offenses and consider cases on administrative offenses, prepare and direct to law enforcement agencies and to court materials (documents) on involvement of guilty persons to responsibility in accordance with the legislation of the Russian Federation.

9. According to requirements of article 18 of the Federal Law No. 294-FZ when implementing the state control (supervision) officials of Rostrud and its territorial authorities shall:

a) timely and fully to perform the powers provided in accordance with the legislation of the Russian Federation according to the warning, identification and suppression of violations of the law of the Russian Federation of special assessment of working conditions;

b) observe the legislation of the Russian Federation, the right and legitimate interests of the employer or organization performing carrying out special assessment of working conditions concerning which the state control (supervision) is exercised;

c) not interfere with the employer or his representative, the head of the organization performing carrying out special assessment of working conditions or to his representative to be present when conducting check of observance of requirements of the legislation of the Russian Federation on special assessment of working conditions and to make explanations on the questions relating to subject of the state control (supervision);

d) provide to the employer or his representative, the head of the organization which is performing carrying out special assessment of working conditions, or his representative who are present when conducting check of observance of requirements of the legislation of the Russian Federation on special assessment of working conditions, information and documents relating to subject of the state control (supervision);

e) acquaint the employer or his representative, the head of the organization performing carrying out special assessment of working conditions, or his representative with the documents, information and other data listed in subitems "and -" Item 39 of Administrative regulations and received by means of interdepartmental information exchange, and also with results of execution;

e) consider in case of determination of the measures taken on the facts of the revealed violations of requirements of the legislation of the Russian Federation on special assessment of working conditions, compliance of the specified measures of weight of violations, their potential danger for life, human health, safety of the state for emergence of emergency situations, and also not to allow unreasonable restriction of the rights and legitimate interests of the workers, employers and organizations performing carrying out special assessment of working conditions;

g) prove justification of the actions in case of their appeal by the employers and organizations performing carrying out special assessment of working conditions, according to the procedure, established by the legislation of the Russian Federation;

h) observe the terms established by the Federal Law No. 294-FZ;

i) perform record about implementation of the state control (supervision) in register of checks in the standard form established by the order of the Ministry of Economic Development of the Russian Federation of April 30, 2009 No. 141 "About realization of provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" (registration No. 13915) is registered by the Ministry of Justice of the Russian Federation on May 13, 2009, with the changes made by orders of the Ministry of Economic Development of the Russian Federation of May 24, 2010 No. 199 (registration No. 17702) is registered by the Ministry of Justice of the Russian Federation on July 6, 2010, of September 30, 2011 No. 532 (registration No. 22264) is registered by the Ministry of Justice of the Russian Federation on November 10, 2011, of September 30, 2016 No. 620 (registration No. 44118) (further - the order of the Ministry of Economic Development of the Russian Federation No. 141) (in the presence of the magazine at the employer or in the organization performing carrying out special assessment of working conditions is registered by the Ministry of Justice of the Russian Federation on October 24, 2016);

j) when implementing the state control (supervision) to request within interdepartmental information exchange from documents and (or) information other state bodies according to requirements of subitems "and -" Item 39 of Administrative regulations;

k) perform based on the order of the head (deputy manager) of Rostrud or the order of the head (deputy manager) of territorial authority of Rostrud on conducting check according to its appointment;

l) perform only during execution of service duties, exit check only in case of presentation of official IDs, copies of the order of the head (deputy manager) of Rostrud or the order of the head (deputy manager) of territorial authority of Rostrud about conducting check and in the case provided by part 5 of article 10 of the Federal Law No. 294-FZ, copy of the document on coordination of conducting check;

m) not demand from the employer or the organization performing carrying out special assessment of working conditions, documents and other data which submission is not stipulated by the legislation the Russian Federation;

o) before conducting exit check at the request of the employer or his representative, the head of the organization performing carrying out special assessment of working conditions or his representative to acquaint them with provisions of Administrative regulations according to which it is performed.

10. When implementing the state control (supervision) officials of Rostrud and its territorial authorities have no right:

a) check fulfillment of requirements of the legislation of the Russian Federation on special assessment of working conditions if such requirements do not belong to powers of Rostrud and its territorial authorities;

b) require submission of documents, information, product samples, tests of inspection of objects of the surrounding and production circle if they do not treat subject of the state control (supervision), and also to withdraw originals of such documents;

c) distribute information obtained as a result of execution of the state function and component the state, commercial, office, protected by the law other secret, except as specified, stipulated by the legislation the Russian Federation;

d) exceed fixed terms of implementation of the state control (supervision);

e) perform issue to the employers and organizations performing carrying out special assessment of working conditions, instructions or offers on implementation of the state control (supervision) at their expense;

e) demand provision from employers and the organizations performing carrying out special assessment of working conditions, documents, information and other information provided by means of interdepartmental information exchange and specified in subitems "and -" Item 39 of Administrative regulations.

g) perform scheduled or unscheduled exit inspection in case of absence in case of its carrying out the head, other official or authorized representative of the employer or organization performing carrying out special assessment of working conditions, except for case of conducting such check on the basis provided by the subitem "b" of Item 2 of part 2 of article 10 of the Federal Law No. 294-FZ;

h) select product samples, tests of inspection of objects of the environment and objects of the production circle for carrying out their researches, testing, measurements without execution of protocols on selection of the specified samples, tests in the quantity exceeding the regulations established by national standards, rules of sampling, tests and methods of their researches, testing, measurements, technical regulations or other regulating technical documents and rules and methods of researches, testing, measurements existing about day of their entry into force;

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