Scheduled inspection of SES in 2021 in Moscow - what is being checked
RPN conducts inspections of organizations in accordance with 294-FZ, at the place of activity of the inspected organization or individual entrepreneur.
During a scheduled inspection in Moscow, the SES inspector will definitely look at production, offices, warehouses, vehicles, etc. Each site, each sanitary premises will be inspected. If the inspector is accompanied by an employee authorized by the employer, he must be given a power of attorney. The inspector will make a copy of it.
►The inspector will request constituent documents and payment details, information about the head of the organization, confirmation of his official powers. If violations are detected, a resolution on an administrative offense will be drawn up against the manager, since he is an official.
►If you rent a building or premises, office or workshop, you will need information about the right to rent. If the building belongs to you, then prepare proof of ownership.
►Don’t be surprised if during the inspection you will be asked for a construction organization project (COP) and a work execution plan (WPP). The safety measures specified therein must be observed when organizing the construction site.
►The inspector will check the existence of an agreement for the disposal of waste, an agreement for the maintenance of toilets, as well as how PPE and personal clothing are stored. If the lockers are not separate, the organization will receive a fine.
►If an inspector sees a dirty cooler in a sanitary facility, he will request a contract for its sanitary cleaning. If there is no agreement, there will be a fine. There will be an agreement that will force violations of drinking water requirements to be eliminated. In this case, not only the manager will be responsible for violations. The inspector will ask you for an order to appoint someone responsible for industrial sanitary control.
►Inspectors have particular questions about the work of disabled people, women, migrants, PC users, welders, and vehicle drivers. Prepare certificates in any form that you do not employ minors, and create optimal and acceptable working conditions for disabled people and pregnant women.
►You must maintain logs and operating schedules for gas treatment facilities, and enter into contracts for the provision of cleaning and maintenance services for ventilation and air conditioning. Printer cartridges must be replaced on time, and this will be confirmed by acts of transferring them for recycling.
►Waste management is a separate topic of the inspection, which will address such issues as the establishment of sanitary protection zones. A contract for the removal of solid household waste must be in place.
►Prepare copies of documents for the inspector and certify them with the organization’s seal, submit them for visa to the legal service, no notarization is required:
- collective agreement, internal labor regulations, time sheets;
- a list of raw materials used in the work;
- a list of operating production equipment, and you must have certificates of conformity for the equipment.
If there were no certificates at the time of purchasing the equipment (machines from the Soviet period), collect copies of passports.
►Also prepare a production control program for the inspector. Be prepared to support its actual implementation with data from laboratory and instrumental control, which was carried out by an accredited laboratory during the last 3 years preceding the inspection.
►Provide, upon the inspector’s first request, a list of contingents, a list of names, a schedule for periodic medical examinations, final reports on periodic and medical reports on preliminary medical examinations.
►Employee medical books will be checked randomly during personal communication between the inspector and the staff. Prepare a room for such a conversation.
►Don’t be surprised if the inspector asks for documents on providing workers with PPE. First of all, make a copy of the contract for washing and dry cleaning, the washing schedule, but do not remove copies from the delivery registration cards - if necessary, do this during a random check. The inspector will also be interested in certificates and declarations for personal protective equipment. Show him the folder. If you keep the labels, please provide them on file as well. The inspector most likely will not request copies of declarations unless any additional questions arise.
►The inspector will definitely check how you have equipped the eating area, dressing room and shower room, so try to remove everything unnecessary, tidy up the refrigerators, and do not disturb the food supply. The refrigerator should be cleaned regularly; place a cleaning schedule on it.
►Frequent question from the inspector: how do you fight rats and cockroaches? And your opinion that this is a forgotten relic of the past will not convince him. An agreement for periodic deratization (rats, mice, and other rodents) and disinsection (mosquitoes, flies, cockroaches and other insects) must be concluded with a specialized organization. The list of such organizations is posted on the website of TU SES.
►If you have not switched from fluorescent and mercury-containing lamps, then prepare disposal documents. In addition, the inspector may be interested in the condition of welding stations and construction waste on the site (sludge, sawdust, rags).
Grounds and types of control
The basic regulatory act for the state structure is Law 294-FZ of December 26, 2008. The document establishes the principles of work of inspectors, the procedure for organizing events and gives entrepreneurs a guarantee of the objectivity of assessments. The supervisory authority has the right to exercise control in the following forms:
- Scheduled IP inspection. It is allowed to prescribe it every 3 years. Exceptions are provided for representatives of certain industries. You can deviate from the rule in the provision of medical, educational or social services. The entrepreneur is notified 72 hours before the start of the procedure.
- Unscheduled inspection. The department is obliged to notify the merchant of the decision made one day before the inspectors’ visit. Within 24 hours, notification of the control event is sent to the prosecutor. The basis may be a complaint, a report of a threat to the well-being of the population, or harm.
- "Mystery shopper". For several years, the leadership of Rospotrebnadzor hoped to obtain the right to test purchases. Since 2021, this authority has been granted to the structure. An inspection based on a complaint, initiative of officials or a report of signs of misconduct is already being carried out on the basis of Law 81-FZ of 04/18/18. Officials, disguised as ordinary citizens, come to the point of sale and purchase goods (services). If violations are discovered during the event, punishment is imposed. By the end of March 2021, the bill was adopted in the second reading. The amendments have not yet acquired legal force.
The department independently determines the assessment method. The analysis is carried out in documentary or on-site form.
The procedure for scheduled inspection of SES
The verification procedure is specified in the Administrative Regulations and approved. By order of the Chief Sanitary Doctor of Russia No. 764 of July 16, 2012.
As with any other inspection within the framework of 294-FZ, the inspection body must notify the organization 3 working days in advance. In this case, notification of verification is most often sent not by registered mail, but by e-mail file. The fact of sending an email to a group of recipients is grounds for non-recognition of the procedure for notifying entrepreneurs. Therefore, check your corporate email so that the inspector does not take you by surprise.
The duration of the documentary and on-site inspection cannot exceed 20 working days. At the same time, small enterprises can be inspected no more than 50 hours per year, micro-enterprises - 15 hours per year. This is stated in paragraphs 16 and 18 of the Administrative Regulations.
During inspections, the operating mode of the supervised organization is taken into account. No one is allowed to violate the work and rest schedule. If the inspector does not have enough time for the examination, he may apply to increase the inspection period (294-FZ).
During a scheduled inspection of the SES
- reviews documents related to the requirements of sanitary legislation;
- inspects production and adjacent territories and protection facilities, technological equipment, vehicles, raw materials, cargo, finished products and semi-finished products;
- carries out sampling and examination of product samples, swabs, air sampling for the study of the environment and production environment, and conducts the necessary examinations.
An on-site inspection is carried out if (clause 30 of the Administrative Regulations):
- it is necessary to inspect territories, buildings, structures, structures, premises, equipment, vehicles and cargo;
- it is necessary to take samples or samples of products, environmental objects and production environments, conduct examinations and investigations;
- During the documentary check, signs of violation of mandatory requirements were identified.
The SES conducts a documentary check remotely, without visiting the organization. Inspectors send a reasoned request to the organization for documents that they will check. Copies of these documents must be submitted within 10 working days. Copies are certified by the seal and signature of the manager or other responsible person. Documents can also be submitted electronically (Part 6 of Article 11 of the Law of December 26, 2008 No. 294-FZ).
Violations in healthcare organizations
Medical organizations are obliged to inform the territorial body of Rospotrebnadzor about the measures taken to eliminate violations of sanitary rules that were identified during production control.
During the control, a number of typical and frequently recurring violations were identified.
For example, the size of the examination rooms of a medical organization is underestimated, although according to the requirements their area should not be less than 18 square meters. m. At the same time, qualitative defects in cosmetic repairs are noted that interfere with wet cleaning. In the doctor's offices themselves, there are no tiled aprons at the sinks. There are also no soap dispensers, which must be operated by a non-hand mechanism.
Such dispensers should be placed
- in preoperative
- dressings,
- birth halls,
- resuscitation,
- treatment rooms,
- at nurses' stations,
- in infectious diseases,
- tuberculosis,
- dermatovenerological,
- purulent,
- burns,
- hematology departments,
- clinical diagnostic and bacteriological laboratories,
- in sanitary rooms, airlock boxes, semi-boxes and staff bathrooms.
There is insufficient lighting in the premises. Regular office furniture is used instead of what medical furniture should be installed.
Medical examinations for medical personnel
Medical workers do not undergo medical examinations and tests, and do not get vaccinated on time:
- in the personal medical record there is no information about preventive vaccinations, the period for the next revaccination against measles has expired, there is no information about vaccination against measles, rubella, influenza, diphtheria, tetanus, viral hepatitis B;
- medical personnel are not examined for the presence of pathogenic staphylococcus (smear from the throat and nose) - once every 6 months; helminthiasis - annually.
Should be:
In order to prevent the occurrence and spread of infectious diseases, mass non-infectious diseases (poisonings) and occupational diseases, employees of certain professions, industries and organizations, when performing their job duties, are required to undergo preliminary upon entry to work and periodic preventive medical examinations
After the inspection, the SES formalizes its results:
- draws up an inspection report;
- hands over or forwards the act to the persons being inspected;
- sends a copy of the report to the prosecutor's office if the prosecutor's office approved the inspection.
Inspectors draw up an inspection report in two copies immediately after completion of the inspection. In this case, they are guided by the standard form.
Documents or copies thereof are attached to the inspection report, including:
- protocols for the selection of product samples, samples for inspection of environmental objects and industrial environment objects;
- protocols or conclusions of studies, tests, measurements, examinations;
- explanations of employees who are held responsible for violation of mandatory requirements;
- an order to eliminate identified violations and other documents or copies thereof.
One copy of the inspection report with copies of attachments is handed over to an authorized representative of the organization being inspected. If it is impossible to deliver the act or the person being verified refuses to sign the act, it is sent by registered mail with acknowledgment of receipt.
Based on the results of the inspection, SES inspectors:
- issue orders to eliminate identified violations;
- monitor the elimination of identified violations and also prevent possible harm;
- bring those who committed violations to justice.
An order to eliminate the identified violations is sent to the person being inspected along with the inspection report.
In order to monitor the elimination of identified violations within a month after the end of the period allotted for this process, the RPN conducts an unscheduled inspection (clause 71 of the Administrative Regulations).
Violators are brought to administrative responsibility on the basis of the Code of the Russian Federation on Administrative Offenses. If during the inspection signs of crime are identified, inspectors send materials to law enforcement agencies to decide whether to initiate a criminal case.
Attention. The SES posts information about the results of inspections on its official website within five working days from the date of signing the inspection reports.
conclusions
The visit of Rospotrebnadzor employees is not a reason to panic. Calm and thoughtful behavior will help a businessman avoid serious troubles. The key to defense is consistency. The actions of inspectors must be viewed critically. Materials obtained by officials in violation of administrative and procedural rules are not accepted by the court as evidence. If officials clearly abuse their powers, you can turn to the regional business ombudsman for help. The prosecutor's office will also protect businessmen from veiled pressure.
In conclusion, let us remind you that in 2021, on the initiative of Boris Titov, a system of operational assistance was launched. The project was called “Alarm”. A special application is downloaded to the mobile device. After activating the button, the user receives advisory support from lawyers in real time, and the fact of an unscheduled inspection is registered in the authorized database.
The SES proposed canceling scheduled inspections by 2021.
The SES intends to carry out “preventive work together with business and control measures without interaction with legal entities and individual entrepreneurs”
The SES intends to cancel scheduled inspections in the field of consumer protection in 2021, the department’s press service said in a statement. The message notes that the proposal was put forward as part of “further reducing the administrative burden on business.” The department recalled that inspections in the field of consumer rights protection affect almost all types of activities of business entities. Rospotrebnadzor intends to carry out “preventive work together with business and control measures without interaction with legal entities and individual entrepreneurs.”
The supervisory agency is also introducing a risk-based approach and gradually reducing the number of scheduled inspections.
What is controlled
What does Rospotrebnadzor check? Scheduled audits of the inspectorate are aimed at overseeing:
- Compliance with the law on the protection of customer rights;
- Sanitary and epidemiological standards;
- Carrying out certification of catering staff;
- Implementation of legislation in the field of energy saving.
As a result of considering a citizen’s appeal, the inspection examines:
- Legality of labor relations;
- Compliance with the qualification level of employees;
- Timely completion of a medical examination, availability of health certificates;
- Availability of product quality certificates;
- Operation of cash register equipment;
- Compliance of the quality of the product with the declared quality (samples);
- Visual inspection and measurements of the structure to confirm compliance with standards.
Planned interaction measures
Scheduled inspections of federal government supervision as part of the implementation of consumer rights protection will be suspended for 2018, due to which the administrative burden for businesses will continue to be reduced. However, this is not the end of the organization’s interaction with business participants. And then the organization will carry out preventive measures together with business representatives, based on the SES inspection plan for 2021, and control legal entities, as well as individual entrepreneurs, without notifying them. It is planned to conduct fewer inspections, thereby implementing the risk-based approach. The reform is being carried out as planned. The government has formed a special certification commission, which provides for monitoring the work, including inspection of SES, in the management heading the supervisory departments. This was said by Prime Minister Dmitry Anatolyevich Medvedev. Also, Minister Mikhail Abyzov provided data confirming the implementation of the control and supervision program according to the schedule standards.
Fines for violations
The most common sanction remains a monetary penalty. Rospotrebnadzor fines for individual entrepreneurs are enshrined in administrative legislation.
Violation | Sanction (in rubles) | Article of the Code of Administrative Offenses of the Russian Federation |
Neglect of sanitary and epidemiological rules | 500–1000 | 6.3 |
Non-compliance of operated buildings with state standards | 1000–2000 | 6.4 |
Mistakes when organizing people's meals | 5000–10 000 | 6.6 |
Failure to meet drinking water standards | 2000–3000 | 6.5 |
Important! The above list is not complete. You can familiarize yourself with all types of offenses in the current edition of the Code of Administrative Offenses of the Russian Federation.
In case of minor deficiencies, the inspector is limited to a warning. If the violations are systemic in nature, the entrepreneur’s activities are suspended for 90 days. This measure is used when there is a threat to the well-being of the population or a clear infringement of consumer rights.
Highlights of the Scheduled SES Inspection for 2021
A video conference between regions of the country was held to discuss the implementation of the program. Moreover, the head of government announced the key points at the very beginning of the meeting: The planned inspection of the SES for the 2021 control year will be carried out only in case of risk, with a preliminary distribution into categories of supervised objects, which is also relevant for unscheduled inspections. From now on, the “stick system” will be abolished, leaving only improved real indicators in priority, and not the number of fines issued. There is a need to review the requirements addressed to business. In the fall, plans should be drawn up to reduce and update this category. Next, the requirements will be assigned codes for each of the areas of state control. Such a measure should allow everyone to achieve easy orientation in the space of rules. Checklists will also be introduced. Such checks are relevant for the areas of environmental management, federal communications supervision, fire supervision
Violations of requirements for the prevention of infectious diseases during endoscopic interventions
Violation | Requirement (as it should be) |
in MO, an enzyme-based detergent solution is used for final cleaning of endoscopes within 2 days | Detergent solutions for cleaning endoscopes based on enzymes and (or) surfactants are used once. Disinfectant solutions in the cleaning mode combined with disinfection are used until the appearance changes, but not more than one work shift |
No planned bacteriological quality control of endoscope processing is carried out as part of production control by collecting swabs from the surfaces of the inserted part of the endoscope, valves, valve sockets, control unit, or from the biopsy channel | planned bacteriological quality control of the processing of each endoscope for non-sterile manipulations is carried out in accordance with the production control plan quarterly |
the level of active substance in the working solution of the product used repeatedly for HLD endoscopes is not monitored using express indicators | When using multiple uses (within the expiration date) of working solutions of high-level sterilization and disinfection agents (hereinafter referred to as HLD), the level of active substance in the working solution must be monitored using express indicators (if they are designed for the product) at least once per shift (manual and mechanized processing methods) |
identification codes (numbers) have not been assigned to the existing endoscopes for inclusion in the protocol of endoscopic intervention, the log of registration of endoscopic studies | Each endoscope equipped at a structural unit in which endoscopic interventions are performed is assigned an identification code (number), which includes information about its type (model) and serial number. The identification code of the endoscope used during a medical intervention must be indicated in the endoscopic intervention protocol, in the special notes column of the journal for recording studies performed in the department, department, endoscopy room or in the journal for recording surgical interventions in a hospital |
there is no working instruction approved by the head of the institution for the processing of existing endoscopes, developed taking into account the type, brand (model) of endoscopes, operational documentation for them, instructions for the use of chemical cleaning, disinfection and sterilization agents used | The head (doctor) of the structural unit (office) performing endoscopic interventions must develop working instructions for processing endoscopes available in the equipment of the structural unit (office), which is approved by the head of the medical organization |
Violations of SanPiN 3.2.3215-14 requirements
In the medical records of outpatients who sought medical help, there is no examination for lice and scabies | Outpatients are subject to examination for pediculosis and scabies - upon presentation |
Medical observation of contacts in the area of head lice was not carried out | Persons who have been in contact with a person with lice are subject to medical supervision for a period of 1 month, with examinations carried out once every 10 days, with the examination being recorded in a journal. |
no examination of inpatients for helminthiasis and intestinal protozoa was carried out | The following patients are subject to examination for helminthiasis and intestinal protozoa: patients in children's and adult clinics and hospitals |
Results of the Ministry of Internal Affairs regarding SES inspections for 2021
According to the report of Yuri Chaika, representing the Prosecutor General's Office, numerous problems in business became clear. Thus, over the past two years, actions have been taken to suppress about 150 thousand violations. Prosecutors were able to reject a little less than nine hundred thousand unreasonably formulated applications issued by regulatory authorities. This is significant for everyone affected by this issue. However, perfection is still far away. How the work will manifest itself in the future will be seen. In the meantime, you should study the schedule of scheduled SES inspections for 2021. During a direct meeting in Khabarovsk, the head of the Prosecutor General’s Office, Yuri Chaika, and the Minister, Alexander Galushka, representing the Ministry of Development of the Far East, jointly discussed the protection of the rights of investors in the Far Eastern Federal District. Previously, a survey was conducted in the regional development structure on the eve of the meeting. There are also questions about police work. During operational activities, agency employees have the right to seize documentation, office equipment, and completely block the organization’s activities. It is important that such measures are taken only with prior agreement with the prosecutor's office. However, this has not been legally supported to date. Although this problem has been under consideration since 2013. And proposals to legitimize events were previously supported both by the Public Chamber and the business community. But so far, events are only being rushed in the Ministry of Internal Affairs and other law enforcement agencies. verification of documents As a result, the Ministry of Internal Affairs is the leader in the number of violations committed in the process of exercising control powers in relation to entrepreneurs. In 2021, there are more than four thousand such cases. However, this is not a record, because in the Ministry of Emergency Situations the figure is almost two thousand more. There are more than two thousand violations under the SES. This is jointly carried out by Rostekhnadzor and SES; Rosreestr and SES account for one thousand violations each. It is expected that the planned reform of Rospotrebnadzor in 2021 will significantly change the situation for the better. As for the shortcomings in fulfilling the duties of supervisory structures, here the head of the Prosecutor General’s Office focuses on exceeding the permissible limits for the timing of inspection activities, the lack of inspections included in the annual consolidated plan. The inspections carried out were also noted, the motive for which was anonymous requests. According to the statement of the Prosecutor General, it became known that the government will consider a bill according to which disproportionate aspects should be eliminated in agreement with the departments of the prosecutor's office of inspections not planned in advance. inspection of products Minister Mikhail Abyzov received a statement that the implementation of administrative inspections will be equated to inspection actions. So it follows from this that before starting administrative investigative actions, they will have to be coordinated with the prosecutor’s office, and also regulated on the same basis as ordinary supervisory activities. These were the comments made by the minister. He also informed about the need to develop proposals in the regions regarding the delegation of a certain share of supervisory measures in specific areas that are economically significant or take place in life in a certain area. Based on the results of the activities carried out, it should be assumed that everything will happen to the SES in 2021 as part of the reform as conceived, planned and approved from above.
How to prepare for a Rospotrebnadzor inspection?
It’s easier to prepare for a planned event—it’s enough to know the date on which the described events are scheduled. With regard to unscheduled events, everything is more complicated. Problems do not arise if the organization itself has no doubts about the quality of goods/services. By default, a participant in any market must be responsible for the quality of the product being promoted.
Rospotrebnadzor inspection - what is checked at school?
This is mostly documentation. List of school documents for verification by Rospotrebnadzor:
- qualification confirmations for each teacher;
- payment documentation;
- invoices for purchased products;
- analysis of the expenditure of assets received for the maintenance of the school;
- payment and financial reporting;
- quality/names of school supplies.
Inspection of Rospotrebnadzor in medical organizations
First of all, the compliance of the medical units used with the latest specialized standards. In addition to this, measures are also carried out in relation to the staff units themselves - establishing the correspondence of qualifications to the services provided is also the subject of analysis. The condition of treatment rooms, medications used, patient reviews, etc. can be the subject of analysis.
Inspection in kindergarten by Rospotrebnadzor
This type is similar to activities related to school. Accordingly, the following signs are checked in each case:
- qualification confirmations for each teacher;
- payment documentation;
- invoices for purchased products;
- analysis of the expenditure of assets received for the maintenance of the state garden;
- payment and financial reporting;
- quality/names of kindergarten items.
Checking products for quality Rospotrebnadzor
Any business or individual should be prepared for this. The quality of products is a key area of ongoing activities, so market players in this regard are subject to more frequent analysis than in others. Retail outlets/chains, private retail outlets, private distributors, trade and representative companies are potential targets for a planned investigation.
Main violations of SP 3.3.2367-08 “Organization of immunoprophylaxis of infectious diseases”
There is no log of preventive vaccinations, vaccinations performed are entered in the log of the movement of medical supplies | must have the following documents: — journal of preventive vaccinations; — logs of receipt and expenditure of MIBP; — copies of reports on MIBP consumption; — temperature control logs for refrigerators used for vaccine storage; — log of issued certificates of preventive vaccinations; — a log of registration and recording of strong (unusual) reactions to vaccinations and post-vaccination complications; — emergency notification of an infectious or parasitic disease, food poisoning, acute occupational poisoning, post-vaccination complication |
a permanent seminar on all sections of immunoprophylaxis is not organized and conducted throughout the year according to the calendar plan approved by the chief physician, with control of the knowledge of certified medical personnel | During the year, the treatment and prophylactic organization conducts a permanent seminar according to the calendar plan approved by the chief physician on all sections of the immunoprophylaxis of infectious diseases. At the end of the seminar (once a year), the administration and the person responsible for vaccination work monitor the knowledge of medical personnel with certification |
Visual inspection of premises during inspection
Conducting an on-site inspection includes a visual inspection of the premises and the goods being sold or produced, the equipment and vehicles used, and the appearance of employees.
In this case, the presence of:
- a sign designed in accordance with all the rules;
- decorated buyer's corner;
- price tags and excise taxes on goods;
- information about suppliers and manufacturers of goods in a place accessible to the buyer (or ready for demonstration to the buyer);
- price list signed by the manager, etc.
During a visual analysis, measurements are taken of the area of the premises, the height and width of the openings of windows and doors, the compliance of the condition of the premises and equipment with sanitary standards, and the sufficiency of lighting of the premises are analyzed.
In addition, Rospotrebnadzor evaluates compliance with food preparation rules, the quality of goods and services provided.