Rostrud is a list of medium-risk employers. Lists of organizations classified as high and significant risk. Legal Basis for Conducting Inspections Using Checklists

On its official website, Rostrud has posted and plans to keep up to date information about all employers whose activities are classified as high and significant risks (https://www.rostrud.ru/rostrud/deyatelnost/?CAT_ID=9517, https: // www.rostrud.ru/rostrud/deyatelnost/?CAT_ID=9518). The information in each of the employer lists is broken down by region and includes information about:

• name, OGRN, TIN;
• location of the activity;
• risk categories and the date of the decision to classify the activity as a high or significant risk category ().

Among the capital companies in the list of high risk categories, for example, there are JSC "Russian Railways", Federal State Unitary Enterprise "Russian Post", PJSC "Sberbank of Russia", the Bank of Russia, and in the list of significant - the State Unitary Enterprise of the city of Moscow, the autocombine of sanitary transport "MOSAVTOSANTRANS" of the Department of Health of the city of Moscow , JSC "Company Transtelecom", FGBOU VO "Russian Economic University named after G.V. Plekhanov".

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Recall that scheduled inspections in relation to the activities of a legal entity or individual entrepreneur classified as high risk, once every two years, to the category of significant risk - once every three years (). At the same time, mining activities are classified as high risk. A significant risk is manufacturing, water supply, water disposal, waste collection and disposal, activities to eliminate pollution, construction, transportation and storage ().

Official site Federal Service on labor and employment (Rostruda) provided information on legal entities or individual entrepreneurs whose activities are classified as high and significant risks. The data are ranked by region. We invite our readers to familiarize themselves with these relevant data on the links below:

Searching for the desired region is not very convenient, because not all of their names are in alphabetical order.

The information is presented in tabular form in Excel format. The full name of the organization, TIN, PSRN, location, place of business are indicated legal entity, risk category.

The placement of this kind of information on the Internet is regulated by the Decree of the Government of the Russian Federation of 01.09.2012 N 875 (as amended on 16.02.2017) "On approval of the Regulation on federal state supervision of compliance labor legislation and other normative legal acts containing norms labor law».

If the employer is not in both lists, then the risk category of his activity is not higher than average. You can find out more about this in Rostrud by submitting an official request. The Inspectorate is obliged to give a response no later than 15 working days from the date of receipt of the request.
The frequency of planned control and supervision checks of the enterprise depends on the value of the risk category:

• for the high risk category - once every 2 years;
• for the category of significant risk - once every 3 years;
• for the medium risk category - no more than once every 5 years;
• for the moderate risk category - no more than once every 6 years;
• for the low risk category - scheduled inspections are not carried out.

The potential risk indicator is calculated using the methodology from the Appendix to the above Resolution. It depends on industry indicators of potential harm, average headcount employees of the organization, data on the results of inspections and information on injuries for 3 years preceding the current one, as well as information on debts for wages for the previous year. We add that if in 3 years there was at least one fatal occupational accident, a high risk category is automatically assigned.

This measure is not as optimistic as it seems. On the one hand, enterprises with a risk category of no higher than average entered a favorable period of inspections once every 5 years or less. However, earlier, the upcoming inspection every 3 years kept the employer in good shape. Now the intensity of passions will noticeably decrease. And this will primarily affect the connivance in the field of compliance with labor protection requirements at enterprises.

Judging by the calculation period of indicators for determining the potential risk, the risk category of the enterprise will be updated every 3 years. However, the employer, as before, is not insured against unscheduled inspections during this period.

Separately, it should be noted that hospitals constitute an impressive share of all organizations whose activities are classified as significant risk. And this is clearly not the norm. Either the methodology for assigning organizations to this category is imperfect, or something urgently needs to be changed in the labor protection of domestic health care.

HR specialists and their managers will be interested to know that Rostrud has published on its website lists of employers that labor inspectors will check more often than others. This list includes organizations with an increased risk category.

What happened?

Rostrud published on its website lists of organizations in respect of which labor inspectors will carry out inspections more often than others. Officials note that the frequency of inspections depends on the risk category of employers' activities. The higher the risk, the more checks. There are two such lists of "unreliable organizations" in total:

• a list of employers whose activities are classified as high risk;
• a list of employers whose activities are classified as significant risk.

How do you know your risk category?

In order to find out the category of risk assigned to the organization, its head or personnel officer should go to the main page of the official website of Rostrud and find the "Inspection plans" tab there. Next, you need to find your region of the Russian Federation in one of the two categories listed above and see if the name of the organization is in the list. Those employers who are on the list with a high risk category can expect planned inspectors once every two years, and those employers who have received the status of a significant risk category - once every three years. At the same time, all employers whom the GIT is going to check this year should be included in the Consolidated Plan of Scheduled Inspections of Legal Entities and Individual Entrepreneurs for 2018, which is also posted on the official website of Rostrud.

What should employers do?

If the management of the organization does not agree with the risk category assigned to it, it has the right to contact labor inspection with a statement on the revision of this category.

From January 1, 2018, supervisory authorities are required to use checklists for business inspections. These are lists of questions, topics and parameters that are being checked.

Each body approves sheets for its area. For example, Rostrud checks on its own lists, Roszdravnadzor and Rospotrebnadzor - on their own. Checklists can be found in advance: they are officially published and are in the public domain.

Where to find them

Government approved General requirements for checklists. Based on these requirements, each department develops its own list of questions. Checklists are always officially published. They are easy to find on the website of the required department.

There are checklists that apply to all businesses: for example, Rostrud has questions about registration of employees, payroll and dismissal. The same department has checklists for selected industries: repairing bridges, gas welding, baking bread or printing houses. Even for operating a bulldozer, Rostrud has a separate checklist. Because of this, it seems that there are many sheets - as many as 107 - and as if they all need to be studied. Most companies will need less than ten to prepare for an audit. The main checklists for checking labor laws are at the top of the list.

How to use

During a routine check, it is known in advance which checklist it will be carried out. The entrepreneur will be able to take this sheet and conduct a self-test. All questions are clear, for each there is a link to normative document... It is immediately clear what documents need to be drawn up and what to notify the employee about so that the inspector ticks the box "yes" - this means that the requirements are being met.

Why checklists won't help everyone

Not all businesses use checklists. There is a gradation according to the degree of risk and types of activity. For example, Rostrud now uses its checklists only for businesses with moderate risk. With a low risk, there are no scheduled inspections at all, and for the rest, checklists will start working from July 1, 2018. You can find out your risk class through a request to Rostrud.

Checklists are used only for routine inspections. And only those departments where they are approved. At unscheduled inspection checklists won't save you. The questions may overlap, and the documents will require the same, but inspectors are not required to strictly adhere to the questions from the checklist.

The labor inspectorate may suddenly come up with a check on the complaint of a fired employee and decide to check why your employees are registered as individual entrepreneurs. Referencing the list of questions from the checklist is useless.

How to Use Checklists to Benefit Your Business

Using the TIN, you can check who will check you this year and whether a specific authority will check you. Find out the date, type and subject of the check.

If you are on the audit plan, find out if the inspectors have approved checklists and on what topics. Find questions and get ready.

If you are not threatened with a planned check, you still check yourself at least according to the main checklists of Rostrud or Rospotrebnadzor. Some documents cannot be drawn up retroactively - when you are included in the audit plan, it will be too late to correct errors.

Use checklists to check your lawyer, accountant or HR officer. Ask any question from the list or ask for documents on a specific item. This can be done with an in-house specialist or an outsourcing company. You will learn a lot of interesting things and calculate how much you will lose on fines.

The frequency of scheduled labor inspections depends on the risk category of the organization's or entrepreneur's activities. The higher the category, the more often a specific employer will be checked. So that organizations and entrepreneurs could find out their risk class and prepare for the visit of the controllers, Rostrud published on his website information on the classification of employers in high and significant risk categories .

Recall that since March 1, 2017, the so-called risk-oriented approach has been applied under state control in the field of labor (Decree of the Government of the Russian Federation of February 16, 17 No. 197). This means that the activities of each employer are assigned a risk category (there are five of them). And depending on the category, the frequency of scheduled inspections is as follows:

• for high risk categories - once every 2 years;
• for categories of significant risk - once every 3 years;
• for medium-risk categories - no more than once every 5 years;
• for moderate risk categories - no more than once every 6 years.

And organizations and individual entrepreneurs, whose activities are classified as a low risk category, are not at all threatened with scheduled inspections.

If, according to the results of a planned inspection, there are no administrative sanctions for violation of labor law, then a decision is made to lower the risk category (it decreases to the next risk category). If there is a fatal occupational accident in the 3 years preceding the current one, the risk category is raised to the high risk category (for more details, see "").

In addition, the specialists of Rostrud said that organizations and entrepreneurs have the right to submit an application with a request to change the risk category.

The application must contain the following information:

• full name of the legal entity, last name, first name and patronymic (if any) individual entrepreneur;
• main state registration number;
• an identification number taxpayer;
• location of the production facility used by a legal entity or individual entrepreneur (when assigning a risk category or hazard class to a production facility);
• information about the previously assigned activities of a legal entity or individual entrepreneur and (or) the production facilities used by them of the risk category or hazard class;
• address of a legal entity, address of residence of an individual entrepreneur (if necessary, another postal address for communication), telephone and address Email(in the presence of).