How to determine similar jobs when conducting a special assessment of working conditions? Practice of application is common: how to prepare a list of jobs.

Each organization includes a list of jobs, which is drawn up in the form of a table (Appendix No. 5 to methodical recommendations).

The table indicates:

In column 1 - an individual workstation number from 1 to 99 999 999.

Similar jobs are indicated by the workplace number with the addition of the capital letter "A". For example, 125a (124a), i.e. Workplace 125 is similar to the workplace 124, and if there are several similar jobs, they will all be similar to the workplace 124, which is written in brackets.

In column 2 - the name of the workplace, indicating the parental case of the name of the profession of workers or posts of employees engaged in this workplace, in accordance with the staff schedule and the all-Russian classifier of workers' professions, employee posts and tariff divisions (hereinafter - OK 016-94).

Lists of jobs are formed by specialists of the personnel department, labor protection department, heads of structural divisions of the organization.

Important! The greatest complexity in the preparation of this list represents the correct attribution of individual workplaces to the category similar in connection with the registration of the above-mentioned eight indicators, which requires the performers a significant amount of time.

Ignoring individual criteria for similarity can lead to conflict situations between employees and the employer and, possibly, to re-conduct the workplace and additional financial costs of the employer.

Performers for the preparation of the list of workplaces, indicating similar jobs, it is recommended to consistently evaluate the workplaces under consideration for their possible similarity in the following criteria:

1. Workplaces are located in one or several of the same type of industrial premises (production areas).

2. Workplaces are equipped with the same (single-type) systems of ventilation, air conditioning, heating and lighting.

3. Workers work on the same profession, positions, specialty.

4. Employees carry out the same labor functions.

5. At workplaces installed the same working time mode.

6. At workplaces is the same type of technological process.

7. The workplace uses the same manufacturing equipment, tools, devices, materials and raw materials.

8. In the workplace, employees are provided with identical means of individual protection.

When identifying similar jobs, the BUT is carried out by 20% of jobs from the total number of jobs such, but not less than two jobs, and its results apply to all similar workplaces (Article 16 No. 426-ФЗ).

Despite the seeming simplicity of determining similar jobs, errors in determining the analogy are frequently allowed.

Example 1.In the state of the company, 5 employees work as "Sales Manager". All of them are in the same office, fulfill the same job duties. In this regard, the employer carried their jobs to similar and planned the conduct of 20% of 5 jobs, i.e. In one workplace.

The error in this situation is that the employer missed the requirement of claim 1 of Article 16 of the Federal Law No. 426 - the bully is carried out by 20% of jobs from the total number of such jobs, but not less than two jobs.

In a situation where the employer had, for example, only 2 jobs for "sales managers", they should be carried out at both jobs. The minimum established by law (at least 2 jobs) is aimed at obtaining an objective assessment results in the course of research and, if at least one of the measured parameters in two workplaces will differ, they will have to be carried out at all similar workplaces.

Example 2.In one office there are jobs of the chief accountant, a leading accountant and personnel specialist. Each of their these workers has a personal computer (PC). The employer believes that the workplaces of these specialists are similar: in the same office, with the same working conditions, and perform work on the PC.

The error is that in the presence of identical equipment and the same working conditions, these employees have different positions. In this case, jobs cannot be recognized as similar.

Accounting for equipment (in this case - PC) will be carried out only if employees have the same positions. At the same time, the brand and year of production of the PC should be identical.

Example 3.There are 5 drivers in the organization. One driver works on the car brand 2012 release, the other - by car brand KAMAZ 2009 release, the rest - on the cars of the MAZ MAZ 2013 release.

Often, the Commission defines all 5 jobs as similar, they say, all cars have modern and comfortable cabins.

The error is that the workplaces are similar only on the same MAZ cars with the same year of issue, provided that the employees perform the same labor functions with the same mode of operation, etc. If various works are performed on cars of the same brand and one year of release (transportation of passengers, dangerous goods, whip export of forests, transportation of bulk materials by dump trucks, etc.), then in this case, jobs are not similar.

In this regard, it should be waged in workplaces in UAZ vehicles (1 workplace), KAMAZ (1 workplace) and MAZ (2 jobs).

Example 4.In the staffing of the organization there are 6 posts of "Chiefs of Departments". The employer considers their jobs as similar and plans to be operated on two jobs.

The error in this case is that all these "bosses" are the heads of not one department, and different: the planned, department of the main mechanic, financial, supply and sales, and perform different work. Therefore, they must be carried out at all of these workplaces.

Example 5.. In the section for the production of sterile and drugs, there are 14 operators of the line, which are engaged in bottling medicines in two-day operation mode. The employer plans to spend on 3 jobs.

The error is that the employer did not take into account the replacement of operators. It is necessary to split 14 full-time units for 2 shifts and an analogy to calculate out of 7 jobs provided that the remaining 7 people come to the same place, perform the same functions and the conditions of work do not change. Woof will be subject to only 2 jobs.

Special assessment of working conditions (SOUTO), who has changed the certification of jobs in 2014, made prominble adjustments not only to the approaches to the procedure, but also in the process of appointing benefits and guarantees to its results.

During the active specialization in Russian enterprises, it was possible to accumulate considerable law enforcement practices and adopt a lot of court decisions of the most varying orientation.

But cases of non-compliance with the requirements of legislation within the framework of the current will still be sufficiently common. In many miscalculations, expert organizations are to blame, but most of them are allowed by employers and implementing commissions at the earlier preparatory stage.

How to make a list of jobs for swimming?

The approval of the list of jobs to be opened, with similar jobs, is the task of paramount importance for the Commission. As practice shows, difficulties arise at this stage. The reason lies in counting the number of jobs for positions (with the same names and several employees).

In accordance with Art. 209 of the Labor Code of the Russian Federation under the workplace implies a certain space occupied by the employee, or where he needs to arrive to fulfill official duties, located under direct or indirect control of the employer.

Quantitative calculations

For an errorless execution of calculations, it is necessary to understand how many employees are involved in one workplace at the same time. If the organization is simultaneously working 3 accountants in the same temporary mode, without shifting and the watched method, then 3 jobs are made to the list of jobs for workplaces.

If we are talking about 4 guards working in the "day after three" mode (4 employees change each other - at the same time only one guard), only one workplace is reflected in the list, on which 4 people work shifted.

Most often, errors occur when the list of jobs with the same name, equipment, premises, as well as non-stationary jobs, especially with a replaceable or rotational mode of operation. You can avoid miscalculations by adhering to a simple rule - the number of jobs is equal to the number of employees simultaneously on it.

For example, 6 milloverings operate in 2 shifts on 3 machines in one workshop. During the shift, each milling driver works alternately on all three machines, it means that 3 jobs are made to the list. In the case of compliance with certain features, these jobs can be recognized as similar, which will minimize spending onto the battle.

To simplify the design of the list of jobs, members of the Commission on the Wow equate the number of equipment units to the number of jobs. This approach may be appropriate in separate situations, but will be erroneous if:

• one employee applies more than one unit of equipment;
• two or more employees simultaneously use the same equipment.

The same can be said about nonstationary workplaces whose working zones can change geographically. It is impossible to regard non-stationary jobs with the same name as one workplace.

Workplace Name

Unmistakable introduction of jobs for workplaces in the list is also important, as well as the correct amount. According to the instructions approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33N, the name of the position in the documentation of a special assessment of working conditions should fully coincide with its analogue recorded in the staffing of the enterprise.

It happens that the Commission for Considerations of Commercial Secrets provides an expert organization on the emergent list of jobs that does not correspond to the original staffing schedule. However, in the process of further applying, the results are based on the appointment of benefits and guarantees, it turns out that not all jobs were covered by all jobs.

In such situations, inspection checks may result in legal proceedings, leading to the conclusion of the incompleteness of the implementation due to the lack of information on individual posts. It is possible to avoid such mistakes only by attentive tracking of the coincidence of the names of the materials introduced into materials, with posts recorded in the current documents on staff.

With the same problem, organizations that conduct restructuring to optimize the business are often encountered. The process is usually associated with changes in post names without noticeable transformations of working conditions and duties.

Many employers do not see the reasons for conducting an unscheduled soot. But they are mistaken, since the names of posts in the list are common, often they do not coincide with their analogues in the new staffing and other documents.

Consider cases of incorrect association and making jobs in the materials are based on the example of the trial of the case No. A59-2617 / 2015 of the fifth Arbitration Court of Appeal. The Fisherman was conducted by the Armenian procedure for the workplace "Watching Assistant Captain" without taking into account that the provisions of the first, second and third assistant captain were also held in the current staff schedule.

Within the framework of the current jobs, the workplaces were recognized as the same workplace. As a sign of confirmation of this circumstance, an expert organization conducted by the evaluation activities, a corresponding letter was drawn up. Nevertheless, the court did not accept the justifications of the employer and the expert organization due to the lack of evaluation materials on the workstations of the first, second and third Watch assistant to the Captain.

The final conclusion of a court decision was indicated on the lack of legal grounds for the dissemination of the results of AWP on "posts with similar or identical official duties available in a staffing", since such an opportunity is not provided for by the procedure for AWP and SOUT.

With more complex problems faced organizations for which frequent changes are the norm. It is even in the process of conducting the battle, it is necessary to correctly adjust the staff schedule. Experts recommend members of the Commission on special purpose and labor protection engineers such organizations must be made to the attention of the guideline of the financial consequences of the reforms conducted by them.

They should know that in accordance with Federal Law No. 426-ФЗ, with respect to each new position, the extraordinary will be required for six months from the moment of its introduction. In principle, any transformation of the staffing schedule associated with the name of the post is a reason for conducting special price outside the schedule.

Similar jobs

At the final stage of the decoration of the list of places on which it will be necessary, it is required to determine the correspondence of the items and the number of jobs with features of the similarity, which will significantly save money resources on the procedure.

Conducting is mandatory only for 20% of the total number of similar jobs (but at least two). The results obtained apply to all similar jobs. The workplaces recognized as similar to the general map of the special price conditions and the unified list of actions aimed at improving the working conditions and staff protection are being developed.

In art. 9 of the Federal Law on Special Fees The following signs of similar places are set forth:

• possession of the same name;
• location in one or more of the same type of premises (work areas);
• Equipping the same communication systems (ventilation, lighting, etc.);
• Implies the exercise of the personnel of the same official duties in the same operating mode;
• monotype technological processes;
• equipment, devices, devices, raw materials and materials are used;
• the staff is provided with the same SIZ.

The correspondence of similar jobs to the specified features is mandatory and determined by the Commission on the EU. The correctness of their definition establishes an expert of an accredited organization carrying out a special procedure.

Even the only workplace not consistent with all the peculiarities set forth in the Federal Law No. 426-FZ is a reason for holding a special price of all jobs that were recognized as similar.

Knowing several rules will make it possible to draw up a correct list of jobs for Southern:

1. Preparation of a list of jobs solely on the basis of the current staff schedule.
2. The same number of jobs and workers who simultaneously perform their job responsibilities on them.
3. Workplaces with different names (including slightly different from each other) and similar or identical labor functions are different jobs.
4. Similar - these are jobs that meet all the features set out in Art. 9 FZ No. 426-FZ.

Compliance with the above requirements guarantees a successful result.

From September 1, 2011, employers cannot certify jobs on their own, but only by the forces of an independent certificate organization (order of the Ministry of Health and Social Development of Russia No. 342N dated 04.26.2011). Many personnel, this innovation facilitated life. After all, the situation was previously distributed when the head charged quite a large amount of work on job certification to one-two employees, as a rule, from the labor protection service or personnel department in addition to other duties.

The complexity of this procedure requires relevant qualifications that are far from all. As a result, errors and the need to redo work were inevitable.

Today, according to the new rules, the attestation commission must necessarily include the following persons:

• representatives of the employer (heads of structural divisions, lawyers, personnel, calculations, main specialists, health workers and other employees). Some of them will lead a certification commission;
• labor protection specialist;
• representative of the trade union organization or other representative body of workers;
• representatives of the certificate organization. They also evaluate the conformity of working conditions by the state regulatory requirements of labor protection (p. 14, 20 and 29 of the Procedure).

If your organization refers to the category of microenterprises or small businesses, the composition of the Commission may be reduced to:

• employer (his representative);
• representatives of the certificate organization;
• representatives of the trade union organization or other representative body of workers (if available);
• representatives of the organization or private specialist attracted by the Employer in a civil contract for the implementation of labor protection services (labor protection specialist).

According to the Labor Code of the Russian Federation, the certification of jobs is mandatory for any employer, regardless of the size and scope of its business (harmful production or "ordinary office").

Errors when determining the list of jobs

However, the role of human camprees during certification is still very important. It is he who defines the number of jobs to be subject to it. And here it is often difficult to have difficulty. It happens that the certification is unreasonably conducted at all workplaces available at the enterprise, starting with the guard and ending with the Director General. Meanwhile, there is such a concept as similar jobs. Workplaces are recognized as similar if:

• professions or posts have one name;
• when conducting the same type of technological process in the same mode of operation, the same professional duties are performed;
• simplicated production equipment, tools, devices, materials and raw materials are used;
• work is underway in one or several of the same type or outdoors;
• used the same type of ventilation systems, air conditioning, heating and lighting;
• production equipment, vehicles, etc. are located in the workplace equally;
• there is the same set of harmful and (or) hazardous production factors of the same class and degree;
• there is an identical security tools for individual protection.

By the way, at the stage of formation of the list, the framework determines only the alleged similar jobs. If, according to the results of the measurements, at least one workplace does not fall under signs of similarity, then 100% of these jobs are exposed to the assessment. Then a new list of places to be certified are drawn up.

The assessment of production factors in similar workplaces is carried out on the basis of data obtained during certification of 20% of jobs (but at least two). Further, one card attestation of the workplace under working conditions is filled into all similar jobs. Accordingly, working conditions and measures for their improvement, established at least for one workstation of 20% of similar, are uniform for all similar.

The most common mistakes in drawing up a list of jobs in the organization:

• equating the number of jobs for professions (posts) employees for staff;
• determining the number of jobs without taking into account professions and staff posts;
• non-compliance of the name of professions (posts) staffing;
• equalizing the number of jobs for the list of employees of the organization;
• mixing concepts "workplace" and "Work zone".

A small advice: if there are no some workers at the time of the list (for example, the former quit, the new has not yet been accepted), then it is better to reserve their position in the list for the future.

Also, the personnelist should not forget that after the certification, it is necessary to familiarize themselves with its results of workers. After that, within 10 calendar days from the date of publication of the order and approval of the report on the completion of certification, the employer must send to the State Labor Inspectorate of its region or the region (paragraph 45 of the Procedure) in paper and on electronic media:

• a consolidated statement of the results of certification of jobs under working conditions;
• information about the certificate organization.

Did the certification of jobs been certified by working conditions at your enterprise over the past 5 years? Such a question asks for visitors the site of the Federal Service for Labor and Employment www.rostrud.ru. At the beginning of September 2012, the survey results were as follows: only 27% of respondents answered "yes"; 32% stated that "for the first time hear about the need for workplace certification"; 37% noted: "Not conducted, but I know what should be conducted"; 4% wrote: "Yes, it was conducted, but my workplace is not certified."

And finally, the recommendation. At any enterprise, there must be at least an order for certification and a list of jobs - this will allow when checking supervisory and regulatory authorities to show that the certification in your organization has begun. If there are not even fully executed documents on certification of jobs, sanctions may be much softer than in their complete absence.

Despite the financial and temporary costs of certification of jobs, one day its presence can "save" your employer. For example, from criminal liability in investigating accidents in production. Or from administrative responsibility when conducting inspections of the State Inspectorate of Labor, Rospotrebnadzor, Rostekhnadzor and the Prosecutor's Office. In addition, the organization in which jobs was certified, it is possible to reduce insurance premiums in the FSS to 40% of the insurance factor.

We should not forget that when drawing up a list, you need to take into account the gender of workers, if the severity of labor is characteristic of this production factor. This is due to the fact that the gravity of labor for men and women is estimated by classes and when working under the same conditions, the general class of working conditions may be different.

When drawing up a list of jobs, it is necessary to take into account all jobs that fully correspond to the signs of the similarity. This will make it possible to largely reduce the costs of the woof, because one map will be compiled on all these places. But this question should be approached very carefully. After all, if it is revealed that the workplaces to be inspected are not really similar, they will have to be carried out individually for each workplace.

In addition, in the list of jobs to be used, be sure to indicate places where the necessary measurements and the estimated factors will be performed, the list of which is established on the basis of the need and reasonableness. But almost every work place is evaluated by such factors: and. The list of other factors is drawn up in accordance with the rules of on, sanitary standards. From how correctly and carefully the list of largely depends on the quality and speed of the special assessment of working conditions.

The list of jobs to be a special assessment of working conditions (a list - ed.) Is drawn up and approved by the Commission for Conduction (Southern Sports, Ed.) Before the start of the work. The document confirms the composition taking into account. Under the specifics in the list, individual categories of jobs and the principle of the similarity are characteristic of workplaces located in one or several similar production areas equipped with the same ventilation system, heating and lighting:

Quote: 'In which employees work according to the same profession, positions, specialty, carry out the same labor functions in the same time of working time when conducting the same type of technological process using industrial equipment, tools, devices, materials and raw materials and are provided with identical personal protective equipment (PP - ed.) '

This is a direct excerpt from Federal Law No. 426-FZ dated December 28, 2013, which regulates the procedure for conducting special origin. Assessment of such jobs is carried out according to the formula: 20% of similar jobs from the total number, but not less than 2 places. The results obtained when checking will apply to all workplaces. If there is a discrepancy in the course of the assessment according to one of the indicators of the similarity (for example, differences in the indicators of the measured factors), the estimate will be exposed to all 100% of jobs.

List of jobs: supergrowts, pilots, divers

Medical workers who will emerge medical care in emergency or urgent form outside of medical organizations, coaches for sports competitions, employees of nuclear hazardous industries engaged in works with technogenic sources of ionizing radiation, miners, firefighters, etc. - this is the separate workplaces group exercising separate activities.

There is a special procedure for the special procedure, which Mintrost must approve before January 1, 2015. During 2014, the special price will be carried out on the general basis. Separate marks in the list for this category of workplaces are not provided, so they will be drawn up as ordinary jobs, taking into account analogy.

What jobs are subject to special seats?

Despite the fact that the list is issued by the Commission, in which the employer's representatives should include, a specialist in labor protection and a member of the trade union organization, it turns out that the document is not always compiled and the number of jobs payable is not always correctly allocated in it. One of the main reasons is the lack of qualified personnel in the direction of labor protection in organizations. Another, ambiguous understanding of the requirements of FZ No. 426-ФЗ.

With an independent definition of the number of jobs to be saved, members of the Commission believe that office jobs are not subject to evaluation. This is due to the statement of the evaluation procedure that previously existed - (ARM, ed.), Where the certification was not mandatory for employee jobs, whose work was related to personal computers, with copying and multiple apparatus and other household and office equipment, provided that That employee is busy for PC less than 50% of working time. Today, this order, as well as the Arm itself, is canceled, so these rules do not apply to special seating.

In accordance with Federal Law No. 426-FZ, all jobs are subject to all jobs ( including office staff), with the exception of the jobs of obscures, remote workers and workers who have entered into labor relations with individuals who are not individual entrepreneurs. It is mistaken to believe that, for example, an oversunder can be considered an employee who performs work at home remotely, but at the same time an employment contract with it is compiled on general grounds without taking into account working conditions. In labor contracts with obscons must be taken into account: the obligations of the employer for the provision of equipment, tools, working conditions at home, terms and methods of salary payments, the responsibilities of the employee for the provision of results in the indicated time frame. These conditions will be the basis for the nebid scope of special price.

Are there places with a traveling character of work?

Workplaces with a traveling nature of work or with geographically changing zones (the concept of "", ed.) Is not an exception, so the assessment of working conditions on them is carried out in accordance with the peculiarities of the implementation established in Article 16 of the Federal Law No. 426-FZ:

Quote: "By pre-identifying typical technological operations characterized by the presence of identical harmful (dangerous) production factors, and the subsequent assessment of the impact on employees of these factors in the implementation of such works'

Examples of such places can serve as workplaces of drivers, sales representatives, movers, real estate agents, plumbers, etc., moving during the working day on different objects and having a strictly defined working area.

Due to the fact that in the list it is also necessary to indicate the names of the factors and the exposure time on the employee, in relation to places with geographically changing zones, the time of the influence of factors will be determined on the basis of servicing equipment worker and stay in various zones.

How to place a list of jobs?

The list as a document is issued according to the standards of the Ministry of Labor. The form of the document and the completion procedure approved Order of the Ministry of Labor No. 33N of January 24, 2014.

The document includes the following information on the workplace: the sequence number, the name of the workplace and the sources of harmful (dangerous) factors, the number of workers employed on it, the presence of similar jobs, the names of the factors and the time of their impact on the employee.

Quite often difficulties in self-filling list arise at the stage of filling the workplace name. According to the rules, each position must comply with the All-Russian Classifier of Workers' Professions, employees and tariff categories (classifier - ed.). The classifier was adopted in 1994 and all professions that existed at that time were introduced into it. Today, the world of professions is becoming much more diverse: HR managers, merchandisers, supervisors, business analysts and other concepts come to us from the West began to appear in the state. How to deal with them?

If in accordance with the names of the posts, it was necessary to bring in accordance with the classifier, then when it is allowed to be allowed to contribute to the list of posts in accordance with the staffing schedule. Despite this, it is necessary to understand the problems that the classifier may inconsistency in themselves, especially with respect to posts that guarantees and compensation are provided.

Consider an example with the "Electrician" profession - the concept that is very often found in a staffing schedule, but few people take into account that it is spam. In the classifier, the name is absent, instead of him to employees engaged in the service of electrical equipment, the concept of "electrical repair and maintenance of electrical equipment" is applicable. Many workers due to such discrepancies are deprived of benefits for work in harmful working conditions.