RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 29, 2020 No. 449

About state examinations of working conditions and preparation of the conclusions about application of work of women

Based on the paragraph of the fourth of part three and part five of article 10-1 of the Law of the Republic of Belarus of June 23, 2008 "About labor protection" the Council of Ministers of the Republic of Belarus DECIDES: No. 356-Z

1. Approve:

The regulations on procedure for conducting state examinations of working conditions (are applied);

The regulations on procedure for preparation of the conclusion for adoption by employers of decisions on application of work of women at the works included in the list of hard work and works with harmful and (or) dangerous working conditions on which labor involvement of women is forbidden (are applied).

2. This resolution becomes effective after its official publication and extends the action to the legal relationship which arose since June 28, 2020.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of July 29, 2020 No. 449

Regulations on procedure for conducting state examinations of working conditions

Chapter 1. General provisions

1. This Provision establishes procedure for conducting state examinations of working conditions (further - examinations).

2. Expertizes are carried out for the purpose of establishment of correctness of reference of working conditions to category "harmful and (or) dangerous working conditions" by results of certification of workplaces under the terms of work (further if other is not provided, - certification).

3. Officials of management of protection and state examination of working conditions of the Ministry of Labour and Social Protection (further - Ministry of Labor and social security), managements (departments) of state examination of working conditions of committees on work, employment and social protection of regional executive committees, the Minsk Gorispolkom (further if other is not provided, - bodies of state examination of working conditions) carry out the following expertizes:

3.1. correctness of application:

lists of the productions, works, professions, positions and indicators granting the right to preferential provision of pensions or old-age pension for work with special working conditions (further - lists) *;

the list of textile productions and professions for the purposes of professional pension insurance of the workers of textile production occupied on machines and machines, the Council of Ministers of the Republic of Belarus approved by the resolution of October 9, 2008 with No. 1490 (further - the list);

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* For the purposes of this provision are understood as lists of the productions, works, professions, positions and indicators granting the right to preferential provision of pensions or old-age pension for work with special working conditions:

the lists of the productions, works, professions, positions and indicators granting the right to preferential provision of pensions, approved by the resolution of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10;

The list of productions, works, professions, positions and indicators at underground works, at works with especially harmful and especially severe conditions of work in which employment grants pension entitlement on age for work with special working conditions, No. 536 approved by the resolution of Council of Ministers of the Republic of Belarus of May 25, 2005;

The list of productions, works, professions, positions and indicators at works with harmful and severe conditions of work in which employment grants pension entitlement on age for work with special working conditions, No. 536 approved by the resolution of Council of Ministers of the Republic of Belarus of May 25, 2005.

3.2. qualities of carrying out certification;

3.3. working conditions on workplaces.

4. Conducting the examinations specified in Item 3 this provision is performed based on statements of legal entities, individual entrepreneurs or workers with the submitted documents on length of service, documents by results of certification which execution is provided by the regulatory legal acts on carrying out certification operating during its carrying out (further - documents by results of certification), documents of financial and economic, production nature, and also at the initiative of bodies of state examination of working conditions, to request of the bodies granting pensions.

5. Expertizes are carried out in the organizations irrespective of their forms of business.

Chapter 2. Examination of correctness of application of lists and list

6. Examination of correctness of application of lists and the list is carried out for establishment of compliance of actually performed work to the conditions and indicators provided by lists and the list.

7. Compliance of actually performed work to the conditions and indicators provided by lists and the list is established based on the documents processed in accordance with the established procedure, represented by the employer (the official (working) instruction, the regulations (card) of engineering procedure and other documents). At the same time are considered:

working conditions in which the worker is engaged (work on hot sites, with radio nuclide sources and other sources of ionizing radiation, using hazardous substances, with toxic and strong agents and so on);

work type (on accumulator charging, cooking of gumboils, giving, cleaning and movement of metal and so on);

place of employment (in tunnels, galleries, at melting furnaces, galvanic bathtubs and so on);

work on certain equipment (on foundry machines, forming hammers and so on);

work with certain materials, raw materials and fuel (the cyanic solutions, copper powders, alloys containing lead and so on);

work in certain structural division of the organization (in the shop, on the site, in department) if this requirement is directly provided by lists (boiler shops, melting sites and so on);

engineering procedure in which the worker is engaged (on training and annealing, crushing, crushing and grinding of minerals and so on);

type of products in which production the worker is engaged (medicines, film film, proteinaceous and vitamin medicines and so on);

employment at underground works;

work on repair and equipment maintenance.

Employment of the worker at certain works is confirmed by documents of that period when this work was carried out.

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