Greetings, friends! As they say: “he who is aware is forearmed!” This note will discuss the most accurate way to check the Inspection Plan for 2020. In addition to everything, you can watch a video about the new system of business inspections from 2018 to 2024 and links to the most current notes regarding inspections in 2020, in particular applications to exclude your organization from the inspection plan for 2020! So, let's look for ourselves in the Inspection Plan for 2020, and rejoice together if we are not there 
To check the presence or absence of your organization and/or individual entrepreneur in terms of inspections for 2020 online, you need to visit the official website of the Prosecutor General’s Office of the Russian Federation or the FSIS “Unified Register of Inspections”.
Let’s go to the Consolidated Plan of Inspections of Business Entities for 2020 , enter identified data, for example, the company’s TIN, then enter the numbers from the picture (captcha) and click on the “Search” button and wait for the data to load while your heart beats like a drum.
Another way to find your organization in terms of inspections for 2020
We go to the Unified Register of Inspections , enter the identified data, for example, the company’s TIN, then click on the “Search” button and wait for the data to load while the heart beats like a drum.
Both methods of checking the Inspection Plan for legal entities and individual entrepreneurs for 2020 are good for at least two reasons:
- The inspection plan is consolidated, i.e. you will immediately see all the control and supervisory agencies that have planned to inspect you in 2020: State Labor Inspectorate, State Fire Supervision, Rostechnadzor, Rosprirodnadzor, Rospotrebnadzor, etc.;
- The inspection plan is final, i.e. approved by the Prosecutor General's Office.
You can, of course, go to the official websites of departments and look for the Legal Inspection Plan. individuals and individual entrepreneurs for 2020. Before the Unified Register of Inspections, this was the case: it was necessary to collect Inspection Plans in Excel format for all sites. Some regions were so slow that at the end of January of the new year there were no Plans on the sites. In a word, arbitrariness.
HOW TO CHECK
How will employers be checked in 2020?
When conducting scheduled inspections of all employers - legal entities and individual entrepreneurs - state labor inspectors use checklists (checklists) from July 1, 2020, and when conducting scheduled inspections of employers classified as moderate risk - from January 1, 2020 (actually from February 4, 2020). The subject of a routine inspection of all employers is limited to the list of questions included in the checklists.
Among all supervisory authorities, Rostrud has the largest number of checklists - 107 (for comparison: Rosprirodnadzor has 7, Rospotrebnadzor and the Ministry of Emergency Situations have 3 each, Rosreestr has 1). In the near future there will be even more of them - Rostrud has prepared a draft order[6] approving another 28 checklists. Among them are issues related to the financial responsibility of the employee, the organization of vocational education and advanced training, as well as compliance with labor protection requirements in the coal industry.
How to prepare for the test?
Based on clause 7 of the general requirements for the development and approval of checklists (checklists), approved by Decree of the Government of the Russian Federation of February 13, 2017 No. 177, questions from the checklists can be used for self-testing. And by letter dated 03/07/2018 No. 837-TZ, Rostrud sent Methodological recommendations for employers on voluntary internal control (self-control) of compliance with labor legislation and other regulatory legal acts containing labor law norms.
Not everything is so simple with regard to the unambiguous answers to the questions posed in the checklists. Here are some examples:
What specific checklists will they be used to check? How many inspectors will there be? What should be included in the inspection order?
In practice, when carrying out scheduled inspections of the State Tax Inspectorate for the majority of inspected organizations, on average, the first 36–37 checklists on the list plus checklist No. 100 are used.
Occupational safety checklists will be used depending on the specifics of the organization’s activities. Some of the questions specified in the checklists are used if the employer has a corresponding type of economic activity according to the Federal Tax Service, real estate and equipment on which this type of work is carried out, professions and positions in the staffing table performing this type of work. In some regions, there has already been a tendency for employers to en masse apply to the Federal Tax Service to exclude additional OKVED regulations.
The order to conduct an inspection must indicate specific numbers of checklists that will be used when conducting a scheduled inspection in relation to a specific employer.
Note!
Indicating all checklists in an inspection order is unacceptable and may negatively affect the transparency of supervisory activities.
In addition, the order may indicate several officials. As a rule, this is a labor protection inspector and a legal inspector. The number of inspectors is actually limited only by the numerical composition of the corresponding territorial body of Rostrud. And if the inspector, due to temporary disability, being on vacation, business trip, dismissal or other valid reasons, was unable to come out for the inspection, then appropriate changes are made to the inspection order, formalized by order.
Recently, orders also contain a QR code, which contains an encrypted link to the website of the Unified Register of Inspections. By dialing the inspection account number specified in the checklist or scanning the QR code, you can subsequently familiarize yourself with the results of the inspection, view information about the execution of the order and find out whether the perpetrators have been brought to administrative responsibility.
What documents should the organization receive after the audit?
Upon completion of the inspection, the employer will receive an inspection report with copies of the completed checklists attached.
If violations are discovered - also an order to eliminate violations of labor legislation, and if violations are identified in terms of labor safety training - an order to remove from work persons who have not received training in safe methods and techniques for performing work, instructions on labor protection, in accordance with the established procedure, on-the-job training and testing of knowledge of labor protection requirements.
How will the checklist and inspection report be filled out during an inspection?
By law, checklists include lists of questions affecting the most significant mandatory requirements of labor legislation and other regulatory legal acts containing labor law standards imposed on employers.
The columns “Inspection Account Number” and “Date of Entry into the Unified Register of Inspections” of the checklist must be filled in, for example: No. 0018000xxxxxx dated 02/08/2018.
According to Part 11.5 of Art. 9 of Federal Law No. 294, the checklist is filled out based on the results of the inspection and is attached to the inspection report. However, the article does not specify which one.
According to clause 61 of the Administrative Regulations, the inspection report is drawn up by an authorized official of the territorial body of Rostrud immediately after its completion in two copies having equal legal force, one of which, with copies of the attachments, is handed over to the authorized representatives of the person being inspected against a receipt for familiarization.
The original check sheet is attached to the inspection report kept by the labor inspector, and copies of the check sheets are attached to the inspection report handed to the employer (his representative)[7].
Is it possible to receive an inspection report and checklist in electronic form?
The regulations on the type of federal state control (supervision) provide for the possibility of issuing checklists in the form of an electronic document signed with an enhanced qualified electronic signature in accordance with the Federal Law “On Electronic Signatures” (clause 5 of the Government of the Russian Federation of 02/13/2017 No. 177 “On approval general requirements for the development and approval of checklists (checklists)."
However, the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law standards[8] do not currently provide for the possibility of issuing a checklist in the form of an electronic document. The employer, even if desired, will not be able to receive an inspection report in the form of an electronic document[9], since it is impossible to attach a verification sheet on paper to the act in the form of an electronic document.
Does the inspection report specify the number of employees against whom violations were identified?
The questions formulated in the checklists vary according to the number of subjects. For example, checklist No. 2 asks questions in relation to the employee, and checklist No. 22 asks questions in relation to employees. The situation is similar with regard to the employment contract.
However, the act (if a violation is identified) will indicate that a similar violation of the requirements of the regulatory legal act was committed, for example, in relation to 5 employees indicating their names, so there are no difficulties in this.
Are checklists used as evidence in an administrative offense case?
Yes, they are used. As an example, we can cite the resolution in the case of an administrative offense dated March 28, 2018 No. 80/5-186/2018, issued by the magistrate of the judicial district No. 80 of the Oktyabrsky district of the city of Kirov, in which checklists are given as evidence of violations of labor protection requirements . Since the person brought to administrative responsibility did not dispute the essence of the alleged violations under Part 1 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the court applied an administrative penalty in the form of a warning.
Is it possible to appeal the order?
It will become more difficult to appeal against orders issued based on the results of a scheduled inspection carried out using checklists, since they are issued in the event of an obvious violation of labor legislation, and the answers to the questions posed in the checklists unambiguously (and therefore obviously) must indicate the presence of or no violation.
A separate layer of court decisions will be formed by appealing the results of inspections using checklists regarding compliance with labor protection requirements, since some of the checklists contain references to documents that are advisory and not mandatory, for example, Resolution of the Ministry of Labor of Russia dated December 17, 2002 No. 80 “On approval of Methodological Recommendations for the development of state regulatory requirements for labor protection.”
Will consolidated checklists be used during joint inspections of Rostrud and Rospotrebnadzor?
When conducting joint scheduled inspections, consolidated checklists (checklists) developed and approved by several state control (supervision) bodies may be used.
For example, during a joint scheduled inspection of Rostrud and Rospotrebnadzor, a consolidated checklist may be approved regarding the verification of the provision of personal protective equipment for workers whose activities are associated with a high risk of contracting infectious diseases. We remind you that the employer is obliged to provide employees belonging to occupational risk groups with special clothing and repellents[10].
There are currently no approved summary checklists.
What should you do if your organization is scheduled for inspections for 2020?
If your organization is a small business, then you have the opportunity to exit the inspection plan; to do this, you need to send an application to exclude the inspection of a legal entity or individual entrepreneur from the annual plan for conducting scheduled inspections of legal entities and individual entrepreneurs for 2020 . The procedure for submitting an application is established by Decree of the Government of the Russian Federation dated November 26, 2015 No. 1268. More detailed information is in this note .
Now I invite you to watch a video from which you will learn the Government’s plans until 2024 regarding the business inspection system.
Will scheduled inspections of Rospotrebnadzor be abolished?
Last summer, Rospotrebnadzor told the media that in 2020 there would be no scheduled business inspections by this institution at all.
As representatives of Rospotrebnadzor noted then, since the state is trying to reduce the administrative burden on business as much as possible, the institution is ready to abandon most of the scheduled inspections starting in 2020. Checks should be carried out in those places that pose a serious possible threat to citizens. In all other cases, Rospotrebnadzor should not interfere with business.
One way or another, words and deeds have diverged, and Rospotrebnadzor’s inspection plan for 2020 is still as big.
However, if you look at it more closely, you will notice that most of the institutions inspected in 2020 are educational institutions (primarily secondary schools), holiday camps, etc. But there are also large factories and enterprises in the schedule.
It is difficult to say exactly what will happen to scheduled inspections in the future. Perhaps they will indeed be abolished, but it is possible that talk about the need to reduce the burden on business will remain just talk.
Sanitary norms and rules (Rospotrebnadzor)
1. Rospotrebnadzor checklists and lists of legal acts within the framework of which inspections are carried out (updated)
2. What does Rospotrebnadzor check? List of regulatory documents
3.
4. Ready-made set of documents on sanitary control
ConEc.
You can find all additional materials (orders, instructions, programs and other local documents) for work using the All-Search .
If necessary, you can always use our services for document development and/or training. See all the details here.
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To be continued …
