RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 19, 2016 No. 839

About entering of amendments and changes into the resolution of Council of Ministers of the Republic of Belarus of February 22, 2008 No. 253

According to part three of Article 157 of the Labor code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:

1. Bring in the Regulations on procedure for carrying out certification of workplaces under the terms of work approved by the resolution of Council of Ministers of the Republic of Belarus of February 22, 2008 No. 253 "About certification of workplaces under the terms of work" (The national register of legal acts of the Republic of Belarus, 2008, No. 54, 5/26866; 2009, No. 16, 5/29127; National legal Internet portal of the Republic of Belarus, 15.01. 2014, 5/38295), following amendments and changes:

1.1. to add Item 1 after the words "under the terms of work" with words "(further - certification)";

1.2. state Item 2 in the following edition:

"2. Certification is carried out for the purpose of identification on specific workplace of the worker occupied on it full time, the factors of the production circle, weight and intensity of labor process influencing working capacity and health working in the course of labor activity, development and implementation of the actions plan on improvement of working conditions at workplaces with harmful and (or) dangerous working conditions, determinations of the right of the worker to old-age pension for work with special working conditions, the reduced duration of working hours for work with harmful and (or) dangerous working conditions, additional vacation 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, and also for determination of obligations of the employer on professional pension insurance of workers according to the Law of the Republic of Belarus of January 5, 2008 "About professional pension insurance" (The national register of legal acts of the Republic of Belarus, 2008, No. 16, 2/1419) (further - the employer's obligations on professional pension insurance of workers).";

1.3. in the paragraph the second Item 3 of the word of "documentation on certification" shall be replaced with words "documents by results of certification";

1.4. in Item 5:

state subitem 5.5 in the following edition:

"5.5. determines contractors for:";

to exclude the word "for" from subitem 5.5.1;

in subitem 5.5.2:

exclude the word "for";

add the subitem with words "(further - accredited person)";

add Item with subitems 5.5.3 and 5.5.4 of the following content:

"5.5.3. creation of the card of certification of workplace under the terms of work in the form approved by the Ministry of Labour and Social Protection from among specialists of the employer or involves accredited person on contractual basis;

5.5.4. fillings of documents by results of certification in electronic form from among specialists of the employer or involves accredited person on contractual basis;";

state subitems 5.6 and 5.7 in the following edition:

"5.6. performs independently or with involvement of specialists of the employer:

5.6.1. inspection before measurements and researches of levels of harmful and (or) dangerous factors of the production circle and assessment of working conditions on indicators of weight and intensity of labor process of workplaces for the purpose of check on compliance of production equipment and engineering procedures to requirements of labor protection with taking measures to elimination of the revealed shortcomings. Results of inspection and the planned (taken) measures for elimination of the revealed shortcomings are drawn up by the protocol in the form approved by the Ministry of Labour and Social Protection;

5.6.2. the photo of working hours and design of the card of the photo of working hours in the form approved by the Ministry of Labour and Social Protection;

5.6.3. forming of the list of the harmful and (or) dangerous production factors which are subject to research on specific workplace in the form approved by the Ministry of Labour and Social Protection;

5.7. will organize acquaintance of workers with documents by results of certification.";

1.5. add the Provision with Item 5-1 of the following content:

"5-1. The list of the workplaces which are subject to certification joins professions (position) and work types (irrespective of results of the previous certification) which are provided:

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, and also 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 the special working conditions approved by the resolution of Council of Ministers of the Republic of Belarus of May 25, 2005 No. 536 "About lists of the productions, works, professions, positions and indicators granting pension entitlement on age for work with special working conditions" (The national register of legal acts of the Republic of Belarus, 2005, No. 87, 5/16012);

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 approved resolution of Council of Ministers of the Republic of Belarus of October 9, 2008 with No. 1490 "About some questions of professional pension insurance" (The national register of legal acts of the Republic of Belarus, 2008, No. 249, 5/28508);

the Section I of the list of organizations, organizations and positions for the purposes of the professional pension insurance of health and pedagogical workers approved by the resolution of Council of Ministers of the Republic of Belarus of October 9, 2008 No. 1490;

the list of productions, workshops, professions and positions with harmful and (or) dangerous working conditions in which work grants the right to the reduced duration of working hours, the established resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of July 7, 2014 No. 57 "About some questions of provision of compensation under the terms of work in the form of the reduced duration of working hours" (The national legal Internet portal of the Republic of Belarus, 25.07.2014, 8/28922).

According to the solution of certifying commission the list of the workplaces which are subject to certification joins other workplaces under condition:

employment of workers at works with harmful and (or) dangerous working conditions during full time and confirmation of these conditions results of the previous certification;

availability on workplaces of harmful and (or) dangerous factors of the production circle above threshold limit values and (or) maximum permissible levels caused by engineering procedure, confirmed with protocols of measurements and researches of levels of harmful and dangerous factors of the production circle.";

1.6. in Item 11:

state part one in the following edition:

"11. Data on results of assessment of working conditions are entered in the map of certification of workplace under the terms of work and make sure signatures of members of certifying commission and its chairman. Creation of one card of certification of workplace under the terms of work for group of the similar performed works on nature and working conditions of workplaces is allowed. When evaluating working conditions on indicators of weight and intensity of labor process with involvement of accredited person the drawn-up protocols of quantitative measurements and measure calculations of weight and intensity of labor process, cards of certification of workplace under the terms of work make sure signatures of the specialists who carried out it.";

in part two:

the paragraph one after the word to "card" to add with words of "certification of workplace under the terms of work";

third after words of "weight indicators" to add the paragraph with the words "and tensions";

1.7. state Item 12 in the following edition:

"12. Following the results of certification (in the forms approved by the Ministry of Labour and Social Protection) are constituted:

12.1. the list of workplaces by professions and positions on which working by results of certification the special working conditions conforming to requirements of the lists specified in the paragraph the second parts one of Item 5-1 of this provision, and the attracting employer's obligations on professional pension insurance of workers are confirmed;

12.2. the list of workplaces of workers of textile professions on which by results of certification the working conditions conforming to requirements of the list specified in paragraph three of part one of Item 5-1 of this provision and the attracting employer's obligations on professional pension insurance of workers are confirmed;

12.3. the list of workplaces of health workers on which by results of certification the working conditions conforming to requirements of the list specified in paragraph four of part one of Item of 51 this provision and the attracting employer's obligations on professional pension insurance of workers are confirmed;

12.4. the list of workplaces by professions and positions on which working by results of certification the harmful and (or) dangerous working conditions conforming to requirements of the list specified in paragraph five of part one of Item of 51 this provision are confirmed;

12.5. the list of workplaces by professions and positions on which working by results of certification the right to additional vacation for work with harmful and (or) dangerous working conditions is confirmed;

12.6. the list of workplaces by professions and positions on which working by results of certification the right to surcharges for work with harmful and (or) dangerous working conditions is confirmed;

12.7. the list of workplaces by professions and positions on which by results of certification the working conditions granting the right to the reduced duration of working hours for work with harmful and (or) dangerous working conditions, additional vacation 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 and also the attracting employer's obligations on professional pension insurance of workers are not confirmed;

12.8. the actions plan on improvement of working conditions on workplaces with harmful and (or) dangerous working conditions.";

1.8. in Item 13:

state part one in the following edition:

"13. The lists of workplaces specified in subitems 12.1-12.7 of Item 12 of this provision, the actions plan on improvement of working conditions on workplaces with harmful and (or) dangerous working conditions, approved with labor union (labor unions) affirm the order of the employer.";

in part three of the word "map, order" shall be replaced with words "the card of certification of workplace under the terms of work, the order of the employer";

add Item with parts four and heel of the following content:

"In documents by results of certification, except as specified carrying out extraordinary certification (recertification) according to Item 17 of this provision, changes and (or) additions on the basis are made:

conclusions and instructions of bodies of state examination of working conditions;

solutions of certifying commission on need of entering into the specified documents of changes and (or) amendments for the purpose of reduction of names of professions (positions), structural divisions in compliance with the staff list (structure) of the organization.

Introduction of these changes and (or) amendments is drawn up by the relevant order of the employer.";

1.9. state Item 15 in the following edition:

"15. The employer in a month after the publication of the order on approval of certification (modification and (or) amendments in documents by results of the operating certification) represents to managements (departments) of state examination of working conditions of committees on work, employment and social protection regional and Minsk city executive committees in place of registration of the employer the documents by results of certification in electronic form created by means of the automated information system of monitoring of working conditions on the production, according to the procedure, determined by the Ministry of Labour and Social Protection.";

1.10. in Item 16:

state part one in the following edition:

"16. Documents by results of certification are the order on the organization and carrying out certification, the order on the organization and carrying out extraordinary certification (recertification), the order on approval of certification, the order on approval of extraordinary certification (recertification), the lists of workplaces specified in subitems 12.1-12.7 of Item 12 of this provision, the actions plan on improvement of working conditions on workplaces with harmful and (or) dangerous working conditions, cards of the photo of working hours, the card of certification of workplace under the terms of work, protocols of measurements and researches of levels of harmful and dangerous factors of the production circle, protocols of quantitative measurements and measure calculations of weight and intensity of labor process, the copy of the certificate of accreditation the right of carrying out measurements and assessment of working conditions of this work of the organization with the appendix characterizing area of its accreditation, and also other documents involved to carrying out. Documents by results of certification, the worker's rights to old-age pension, necessary for determination, for work with special working conditions and establishments of obligations of the employer on professional pension insurance, are stored by the employer within 75 years.";

the second after the words "documents on" to add part with the word to "results";

1.11. state Item 17 in the following edition:

"17. Extraordinary certification (recertification) is carried out without fail upon the demand of bodies of state examination of working conditions, and also within six months after:

replacements or upgrades of production equipment, replacement of raw materials and materials, changes of engineering procedure and means of collective protection;

implementation of the actions plan on improvement of working conditions on workplaces with harmful and (or) dangerous working conditions;

changes of working conditions of workers in the presence of initiative of the employer or labor union (labor unions) about carrying out certification.

Extraordinary certification (recertification) is considered complete and its results are applied from the date of the publication of the order on approval of extraordinary certification (recertification). Results of extraordinary certification (recertification) are effective within five years.";

1.12. from parts one and third Item 18 to exclude the word of "results";

1.13. state Item 19 in the following edition:

"19. Effective period of results of certification constitutes five years. The order on approval of the next certification shall be issued in the day following behind the last day actions of results of the previous certification.

If day of approval of the next certification falls on non-working day, then the order on its approval shall be issued in the working day which is directly preceding day of approval of the next certification.

On workplaces which certification was carried out according to part one of Item 18 of this provision carrying out the next certification before the expiration of five-year term along with carrying out the next certification in the organization (structural division) is allowed.";

1.14. add Item 21 with parts two and third the following content:

"The legal successor applies results of certification before the expiration of their action provided that the used production equipment, engineering procedure and working conditions of workers, names of professions (positions), structural divisions (if names of structural divisions are provided in the lists specified in paragraphs the second and fifth to part one of Item 5-1 of this provision) did not change.

When replacing of the used production equipment, change of engineering procedure and working conditions of workers certification is carried out within six months according to the procedure, established in Item 17 of this provision.";

1.15. to add Item 22 after the word "certifications" with words ", and also confirmation of the fact of its carrying out".

2. This resolution becomes effective since January 1, 2017.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info