of February 22, 2008 No. 35
About approval of the Instruction on assessment of working conditions in case of certification of workplaces under the terms of work
Based on Item 6 of the Regulations on procedure for carrying out certification of workplaces under the terms of the work approved by the resolution of Council of Ministers of the Republic of Belarus of February 22, 2008 No. 253, and subitem 7.1.4 of Item 7 of the Regulations on the Ministry of Labour and Social Protection of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1589, the Ministry of Labour and Social Protection of the Republic of Belarus DECIDES:
1. Approve the Instruction on assessment of working conditions in case of certification of workplaces under the terms of work it (is applied).
2. Recognize invalid resolutions of the Ministry of Labour of the Republic of Belarus and the Ministry of Labour and Social Protection of the Republic of Belarus according to appendix.
|
Minister |
V. N. Potupchik |
|
It is approved Ministry of Health of the Republic of Belarus February 22, 2008 |
V.I.Zharko |
Appendix
to the Resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of February 22, 2008 No. 35
1. The resolution of the Ministry of Labour of the Republic of Belarus of September 4, 1995 No. 74 "About approval of the Technique of carrying out certification of workplaces under the terms of work" (The bulletin of normative legal information, 1995, No. 12).
2. The resolution of the Ministry of Labour of the Republic of Belarus of April 2, 1996 No. 27 "About modification and amendments in the Technique of carrying out certification of workplaces under the terms of work approved by the resolution of the Ministry of Labour of the Republic of Belarus of September 4, 1995 No. 74" (The bulletin of normative legal information, 1996, No. 8).
3. The resolution of the Ministry of Labour of the Republic of Belarus of February 2, 1998 No. 18 "About modification of the Technique of carrying out certification of workplaces under the terms of work" (The bulletin of normative legal information, 1998, No. 6).
4. The resolution of the Ministry of Labour of the Republic of Belarus of February 15, 1999 No. 17 "About modification of the Technique of carrying out certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 1999, No. 17, 8/102).
5. The resolution of the Ministry of Labour of the Republic of Belarus of December 30, 1999 No. 156 "About approval of the List of laboratories on carrying out researches and tool measurements of factors of the production circle for certification of workplaces under the terms of work, procedure and criteria of inclusion of laboratories in the List of laboratories on carrying out researches and tool measurements of factors of the production circle for certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2000, No. 17, 8/2582).
6. The resolution of the Ministry of Labour of the Republic of Belarus of March 30, 2000 No. 43 "About modification and amendments in the List of laboratories on carrying out researches and tool measurements of factors of the production circle for certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2000, No. 41, 8/3333).
7. The resolution of the Ministry of Labour of the Republic of Belarus of May 26, 2000 No. 80 "About modification and amendments in the Technique of carrying out certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2000, No. 65, 8/3645).
8. The resolution of the Ministry of Labour of the Republic of Belarus of June 30, 2000 No. 95 "About approval of the list of the organizations for rendering the advisory and methodical help, to evaluating psychophysiological factors of the production circle during certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2000, No. 71, 8/3725).
9. The resolution of the Ministry of Labour of the Republic of Belarus of June 30, 2000 No. 96 "About modification and amendments in the List of laboratories on carrying out researches and tool measurements of factors of the production circle for certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2000, No. 71, 8/3738).
10. The resolution of the Ministry of Labour of the Republic of Belarus of July 28, 2000 No. 107 "About approval of the Regulations on procedure for activities of laboratories for carrying out tool measurements of factors of the production circle during certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2000, No. 79, 8/3876).
11. The resolution of the Ministry of Labour of the Republic of Belarus of October 3, 2000 No. 127 "About modification and amendments in the List of laboratories on carrying out researches and tool measurements of factors of the production circle for certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2000, No. 104, 8/4284).
12. The resolution of the Ministry of Labour of the Republic of Belarus of November 2, 2000 No. 139 "About entering of amendment into the list of the organizations for rendering the advisory and methodical help, to evaluating psychophysiological factors of the production circle during certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2000, No. 116, 8/4455).
13. The resolution of the Ministry of Labour of the Republic of Belarus of December 28, 2000 No. 159 "About modification and amendments in the List of laboratories on carrying out researches and tool measurements of factors of the production circle for certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2001, No. 17, 8/4756).
14. The resolution of the Ministry of Labour of the Republic of Belarus of March 30, 2001 No. 40 "About modification and amendments in the List of laboratories on carrying out researches and tool measurements of factors of the production circle for certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2001, No. 43, 8/5538).
15. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of March 28, 2002 No. 53 "About modification and amendments in the List of laboratories on carrying out researches and tool measurements of factors of the production circle for certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2002, No. 49, 8/8002).
16. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of March 29, 2002 No. 54 "About modification and amendments in the resolution of the Ministry of Labour of the Republic of Belarus of June 30, 2000 No. 95" (The national register of legal acts of the Republic of Belarus, 2002, No. 49, 8/8009).
17. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of February 14, 2003 No. 23 "About entering of amendments into the resolution of June 30, 2000 No. 95" (The national register of legal acts of the Republic of Belarus, 2003, No. 29, 8/9201).
18. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of March 21, 2003 No. 33 "About modification and amendments in the resolution of the Ministry of Labour of the Republic of Belarus of December 30, 1999 No. 156" (The national register of legal acts of the Republic of Belarus, 2003, No. 44, 8/9376).
19. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of March 31, 2004 No. 39 "About modification and amendments in the resolution of the Ministry of Labour of the Republic of Belarus of December 30, 1999 No. 156" (The national register of legal acts of the Republic of Belarus, 2004, No. 70, 8/10867).
20. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of June 21, 2004 No. 69 "About entering of amendments into the resolution of the Ministry of Labour of the Republic of Belarus of June 30, 2000 No. 95" (The national register of legal acts of the Republic of Belarus, 2004, No. 108, 8/11199).
21. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of February 24, 2005 No. 19 "About modification and amendments in the resolution of the Ministry of Labour of the Republic of Belarus of December 30, 1999 No. 156" (The national register of legal acts of the Republic of Belarus, 2005, No. 41, 8/12251).
22. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of March 31, 2005 No. 30 "About modification and amendments in the resolution of the Ministry of Labour of the Republic of Belarus of June 30, 2000 No. 95" (The national register of legal acts of the Republic of Belarus, 2005, No. 59, 8/12406).
23. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of March 15, 2006 No. 35 "About modification and amendments in the resolution of the Ministry of Labour of the Republic of Belarus of December 30, 1999 No. 156" (The national register of legal acts of the Republic of Belarus, 2006, No. 56, 8/14188).
Approved by the Resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of February 22, 2008 No. 35
1. This Instruction determines procedure for evaluating working conditions in case of certification of workplaces under the terms of work (further, unless otherwise specified, - certification), and also registrations of results of assessment of working conditions in case of certification in the organizations irrespective of their forms of business.
2. No. 50 is excluded according to the Resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of 16.06.2014
3. Assessment of working conditions in case of certification is carried out for establishment of classes (degrees) of harm and (or) danger of working conditions on workplace (further if other is not provided, – class of working conditions) according to Chapters 3-13 of this Instruction and appendix 1.
4. Certification is carried out on workplace at which the worker is engaged with harmful and (or) dangerous working conditions full time.
5. Results of assessment of working conditions in case of the certification executed according to this Instruction are used for:
5.1. developments and implementation of the actions plan on improvement of working conditions;
5.2. determinations of the right of the worker on:
old-age pension for work with special working conditions;
additional vacation for work with harmful and (or) dangerous working conditions;
the reduced duration of working hours for work with harmful and (or) dangerous working conditions;
compensation in the increased size by establishment of surcharges for work with harmful and (or) dangerous working conditions;
5.3. determinations of obligations of the employer on professional pension insurance of workers according to the Law of the Republic of Belarus of January 5, 2008 No. 322-Z "About professional pension insurance".
6. For the purposes of this Instruction the following terms and determinations are used:
the card of certification of workplaces under the terms of work - the document containing quantity and quality characteristics of factors of the production circle, weight and intensity of labor process;
the working area - the space limited on height of 2 m over the level of floor or the platform at which there are places of permanent or temporary stay of workers;
working conditions - set of factors of the production circle, the weight and intensity of labor process influencing working capacity and health of the worker in the course of labor activity;
the photo of working hours - consecutive fixation of time spent by the worker during the working day (change) with accomplishment of the transactions determined by engineering procedure and work stoppages;
nature of work - the severity and tensions of labor process expressed by availability of psychophysiological factors of working conditions on workplace;
timing - direct measurements of duration of costs of time for accomplishment of element of labor process by continuous and selective measurements of time.
6-1. By results of certification of working condition can be carried to:
to working conditions of 1 class (optimal conditions of work);
to working conditions 2 classes (admissible working conditions);
working conditions 3 classes (harmful working conditions);
to working conditions 4 classes (dangerous working conditions).
Working conditions 3 classes are subdivided into 4 degrees of harm:
1 degree 3 classes (further – class 3.1), 2 degree 3 classes (further – class 3.2), 3 degree 3 classes (further – class 3.3), 4 degree 3 classes (further – class 3.4).
Harmful working conditions (3rd class) and dangerous working conditions (the 4th class) belong to the category "harmful and (or) dangerous working conditions".
7. Assessment of working conditions in case of certification is carrying out estimates of factors of the production circle, the weight and intensity of labor process making impact on working capacity and health of the worker in the course of work.
Assessment of factors of the production circle, weight and intensity of labor process is carried out by comparison received as a result of measurements and researches of their actual sizes with hygienic standard rates and the subsequent correlation of sizes of variation of each factor of the production circle, weight and intensity of labor process with criteria based on which the class of working conditions, provided in Chapters 3-13 of this Instruction and tables 1-11 of appendix 1 is established.
Availability of harmful and dangerous factors of the production circle, weight and intensity of labor process in case of violation of regulations of labor protection is fixed in the protocol of results of inspection of workplace for the purpose of check on compliance of production equipment and engineering procedures to requirements of labor protection and the planned (taken) measures for elimination of the revealed shortcomings for form according to appendix 1-1.
During certification all attendees at workplace the harmful and dangerous factors of the production circle, weight and intensity of labor process caused by the engineering procedure applied on specific workplace by the equipment, performance of work, provided in the Single wage rate book of works and professions of workers (further – ETKS) and the Single job evaluation catalog of positions of employees (further – EKSD), and also the official (working) instruction, the employment contract are subject to assessment.
Based on data on harmful and dangerous factors of the production circle, weight and intensity of labor process on specific workplace the list of the harmful and dangerous production factors which are subject to research on specific workplace in form according to appendix 1-2 is created.
8. Levels of harmful and (or) dangerous factors of the production circle are determined based on the measurements and researches executed within year and which are drawn up by protocols in forms according to appendix 2. For assessment of harmful and (or) dangerous factors of the production circle their actual sizes measured and (or) calculated and the changes specified at the right time without the uncertainty of measurements specified in the protocol are used.
Measurements and researches of levels of harmful and (or) dangerous factors of the production circle on the same workplaces during certification can selectively be performed if workplaces are characterized by set of the following signs:
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