Who did the special assessment of working conditions? Why do we need a special assessment of working conditions (sout) and how is it carried out? Who is obliged to conduct a special assessment of working conditions?

The procedure for carrying out SOUT is enshrined in law and in some parts contains fairly liberal provisions. For example, according to paragraph 6 of Article 27, for some workplaces, a special assessment can be carried out in stages and must be completed by December 31, 2018. However, the courts have an ambiguous approach to the interpretation of this provision and make conflicting decisions (for example, Decrees No. 11-11968/2014 dated November 11, 2014 and No. 33-5865/15 dated February 26, 2015), and fines for failure to carry out this event can be up to 200 000 rubles.

SOUT: timing

A special assessment of working conditions must be carried out for the first time within a period not exceeding 12 months from the date of creation of a new workplace. If the organization has been operating for more than 12 months, and workplace certification (AWC) or a special assessment of working conditions has never been carried out, then a special assessment must be carried out immediately or yesterday.

safe work of its employees;
labor protection of its employees;
informing workers about the conditions in which they work, etc.

safe working conditions;
obtaining information about hazardous conditions in your workplace.

That is, the employee has the right to demand from the employer to provide information about the degree of risk to his health, which may be exposed to harmful or hazardous production factors (even sitting in front of a monitor screen). And if the employer does not provide him with such information, the employee has the right to receive this information contact the state supervisory authority for compliance with legislation.

In this case, the employer will face a fine of up to 80,000 rubles and a written order on the need to organize a special assessment. Otherwise, you may face administrative suspension of the enterprise for up to 90 days.

Frequency

The validity period of the special assessment of working conditions is 5 years. The passage of time begins from the date of approval of the assessment report for each individual workplace. The results of this event can be reduced to two options:

no harmful factors were identified during the procedure;
harmful factors are identified and classified accordingly.

No harmful factors identified

If during the special assessment no harmful and dangerous production factors are identified, such workplace subject to declaration to the territorial authority federal service on labor and employment for compliance of working conditions with regulatory labor protection requirements.

In this case, if over the next 5 years there are no reasons to conduct an unscheduled special assessment in relation to this workplace, then after given period There is no need to carry out a repeated SOUT; the validity of the declaration is considered automatically extended.

And the law does not say in what time frame the SOUT needs to be done in the future (if it needs to be done at all).

Harmful factors identified and classified

In this case, the validity period of the special assessment of working conditions is 5 years. Moreover, this does not mean that five years have passed and we need to start organizing a new special assessment. By the end of the five-year period, the employer must have ready-made certification results, that is, no interruption is allowed.

Workplace certification

ARM is essentially the same as a special assessment, only with a different name. Therefore, if the employer carried out an automated work procedure before 01/01/2014, then the current legislation allows him not to organize or carry out any additional activities for the entire period of validity of the special assessment system until the date of expiration of the results of this certification, of course, unless there are grounds for conducting an unscheduled special assessment.

Timing of unscheduled SOUT

If circumstances arise for conducting an unscheduled special assessment, the legislation provides for two time periods - 6 and 12 months, depending on the reason.

6 months

A special assessment of working conditions must be carried out within the specified time if:

the employer received an order to conduct an unscheduled special assessment;
in production they begin to use new materials or raw materials that can harm the health of the employee;
new means of individual and collective protection are being introduced (the class of hazards can be reduced, and, accordingly, payments for hazards can be reduced);
an accident occurred (except for an industrial accident caused by third parties);
the medical commission established the fact occupational disease;
A letter was received from the trade union about the need to conduct an unscheduled special assessment.

12 months

The SOUT must be carried out within the specified time if:

new jobs are being put into operation;
technological processes and production equipment change, which can influence the level of exposure to harmful or dangerous production factors.

Timing of activities based on the results of the SOUT

From the date of approval of the report on the results of the SOUT, the employer is obliged to:

within 3 working days, notify the organization that carried out the special assessment of the approval;
no later than 30 calendar days, against signature, familiarize employees with the results of the special assessment;
no later than 30 calendar days, if there is a website on the Internet, post information about the results of the special labor safety assessment and the list of measures to improve labor safety conditions.

Shelf life of materials for special assessment of working conditions

Deadline for compiling a report on SOUT

It is established by order of the employer when organizing this event at the stage of forming the commission.

Shelf life of SOUT materials

It is 45 years, but if, as a result of the special assessment and assessment of hazardous conditions, harmful or dangerous production factors and working conditions will be appropriately classified according to harmfulness and danger, such materials must be stored for 75 years.

Validity period of SOUT materials

The materials based on the results of the special assessment are valid for the entire period of establishment of the corresponding hazard class or the validity period of the declaration of compliance of working conditions with state regulatory labor protection requirements.

Special assessment of working conditions, or SOUT for short, is an analysis of noise, radioactive radiation, light, harmful fumes and other factors in the workplace.

A workplace is everything an employee works with: a room, a table, a chair, a computer, a lamp, a nearby window. A special assessment determines whether an employer needs to give milk to employees because it is harmful.

Working conditions are:

dangerous;
harmful;
acceptable;
optimal.

If conditions are acceptable or optimal, nothing needs to be done. In case of harmful or dangerous conditions, the employer increases insurance premiums for employees, and the employee can retire earlier.

An expert conducts a workplace assessment and writes a conclusion:

The expert decided that everything was fine with the CEO’s workplace, there was no danger or harm

According to the law “On Special Assessment of Conditions,” the employer does not have the right to decide for himself what his working conditions are. Conditions are classified only by a company accredited by the Ministry of Labor.

Fines up to two hundred thousand, if there is no special assessment

Special assessment is a mandatory inspection of workplaces. The labor inspectorate monitors the special assessment; if there is no special assessment, the employer will face a fine. “The special assessment of working conditions must be completed no later than December 31, 2018” - a quote from the assessment law.

For the first time, the inspectorate warns the employer for the absence of a special assessment and asks the employer to improve. For repeated violations, the inspector has the right to prohibit the director from working as a director for up to three years, and to issue the employer the maximum fines:

Individual entrepreneur - up to 40,000 rubles;
companies - up to 200,000 rubles.

The inspection finds out that the company does not have a special assessment in two cases:

during scheduled inspection. The inspection requests the company to provide a labor assessment along with other documents or only the assessment;
during an inspection based on employee complaints.

In my practice, there were cases: a manager wrote a complaint about a delay in wages - the inspectorate requested an employment contract and a special assessment from the employer.

If there is no special assessment, the inspection gives twenty working days to carry it out. This time is not enough, because the special assessment takes on average one and a half months. If the employer fails to do so, the inspector has the right to issue a fine as for a repeated violation.

The client contacted me when he received a suggestion from the inspectorate. To avoid a fine, I found a company that would conduct an assessment, signed an agreement with it and told the inspector about it. The inspector saw that the employer had begun to improve and did not issue a fine. My advice: if there is no assessment and the inspection has noticed this, find an appraiser and report it to the inspection. There is a chance to avoid a fine.

Special assessment is required for everyone

A special assessment is mandatory for all employers: a metallurgical plant, a contact center, a pharmacy and a men's shirt store. There is at least one employment contract - there must be a special assessment of working conditions.

The job evaluation analyzes the employees' workplace. If an employee works outside the office, an assessment is not required. In the labor code, such employees are called “homeworkers” and “remote employees.”

A common example of a remote employee is a call center operator. He speaks to clients from home, so the employer is not responsible for noisy neighbors, radiation and emissions from the plant below the window.

In order for the inspector to be convinced of remote work, I advise you to write in the employment contract that we are talking about work outside the office. Otherwise, you might think that the operator works either from home or from the office.

Special assessment - once every five years

The employer is required to conduct a special assessment once every five years, this is the standard period. There are cases when it needs to be done earlier:

the company moved to another office - a special assessment will be required for new jobs;
issued an order for a new workplace. Previously, there were ten people sitting in the office, now they have made more room, and another table and chair have been added to them for the new employee;
supplied new equipment or changed production technology. Previously, employees assembled door locks by hand, but now on an assembly line;
did not follow, and an accident occurred;
The employee's responsibilities have changed. Previously, the inspector checked quality using reports, now he goes to the production site to check.

Until 2014, the special assessment was called “job certification”; certification was also mandatory and was valid for five years. If the employer has carried out the assessment and has not passed the five-year certification period, the special assessment may not be done.

There is a question that clients often ask: is it necessary to conduct an unscheduled special assessment if I have renamed an employee’s position. The store was staffed by sales consultants and became sales managers. If the workplace and responsibilities have not changed, a new special assessment is not needed.

The employer spends a week on a special assessment

A special assessment of working conditions takes an average of one and a half months. The special assessment is carried out by the contractor, but the employer will be required to organize it. According to customer experience, it takes a week to organize. Here's what the employer does:

chooses a company who will conduct the assessment and sign the contract;
prepares an order to create a commission;
hands over documents to appraisers. For example, employment contracts and job descriptions. You will also need a list of jobs and a special assessment schedule;
asks employees to sign job cards- this is a description of the conditions, and then sign additional agreements to the employment contracts. In the additional agreement - exactly those cards;
submits a declaration about a special assessment to the labor inspectorate.

The special appraiser is represented by a manager, engineers and an expert:

the manager requests documents, for example, job descriptions, employment contracts, vacation schedules, and clarifies details - whether teenagers or pregnant women work in the company;
an engineer comes to an office or production site, takes measurements of noise, lighting, radiation and other harmful factors;
the expert analyzes the measurements and prepares a conclusion;
the manager issues a report to the employer, an expert opinion, cards of working conditions of the workplace and recommendations on what can be improved.

The assessment goes unnoticed. During measurements, engineers do not distract anyone; the director does not need to give them a separate room or feed them lunch.

Appraiser - from the Rostrud register

The special assessment is carried out not by the employer himself, but by a special company. I advise you to choose according to two criteria: accreditation by Rostrud and price.

Accreditation. Only accredited companies from the Rostrud list have the right to conduct a special assessment of working conditions. There are 521 companies on the list.

It was possible to open the register of appraisers only through Google tables. The table contains company names and contacts

Accredited companies receive notification at letterhead and with the seal of the ministry:

Price. Appraisers set their own prices. From experience, the price depends on the number of jobs: ten places - a thousand rubles each, one hundred places - eight hundred rubles.

The price may depend not only on the number of seats; it is influenced by factors that will be assessed, for example, noise and vibration measurements. For example, the cost of the “Expertise” appraiser.

It is not clear from the table what is included in the cost of a workplace assessment and what factors I need

It’s better not only to look at prices on the website, but to call and ask. I called Ekspertiza and found out: a special assessment of a workplace in a bakery with all measurements will cost 1,200 rubles.

On average, a special assessment for an office of twenty people costs twenty thousand rubles, for catering - thirty.

Commission for special assessment

Once the employer has found an appraiser, it is time to prepare for the appraisal. The first step is to assemble a commission, this is a legal requirement. The commission must have an odd number of participants, no less than three.

The list of commission members is not strict; anyone can be included. Usually this CEO, occupational safety specialist or personnel officer, trade union representative, if there is one.

To collect the commission, the employer prepares an order. The order does not have an official form; the only requirement is to tell the essence: who is going, why and in what composition.

The task of the commission is to collect documents for the appraiser, obtain his conclusion, analyze and transmit the results of the labor inspection. It is not necessary to gather in one room: you can help and discuss the assessment results via WhatsApp or email.

Documents for special assessment

So, the employer chose an appraiser and collected a commission. Now it’s time for the documents that will be needed for the assessment:

order with a list of jobs;
special assessment schedule;
job cards and additional agreements with employees.

Templates for all documents are on the Rostrud website; you don’t need to come up with anything from scratch.

Order with a list of jobs. The purpose of the order is to determine how many jobs need to be assessed. The minimum number of places with a grade is one, there is no maximum.

Additional agreements. An additional agreement will be required to update the job description. Example of an additional agreement:

Description of workplace conditions - as from a card from the appraiser

The main thing in the additional agreement is to talk about the workplace: there is no harm, there is no danger, everything is in order. Or vice versa: there are harmful factors, and the employee has the right to receive compensation and benefits.

Declaration for labor inspection

The employer has 30 days after the special assessment to submit a declaration to the labor inspectorate. It is called “On the compliance of working conditions with state regulatory requirements for labor protection.”

The employer fills out the declaration in a strict form. If you fill it out incorrectly, with errors or in free form, the inspection will not accept the declaration. And without a piece of paper there is no special assessment.

The employer has three options for submitting the declaration:

bring in person;
send by mail with a list of attachments and notification of delivery;

Get an electronic signature

submit through the Rostrud website.

To send a declaration via the website, you will need an electronic digital signature

Special assessment is a hassle. And it may happen that you will pass a special assessment, pay money, and no one will ever ask. But it’s the same as with all the rules: it’s better to go through and forget for five years than to one day receive an unpleasant request from the inspectorate.

From January 1, 2014, employers are required to conduct special assessment working conditions (Federal Law No. 426-FZ of December 28, 2013; hereinafter referred to as Law No. 426-FZ). This procedure was introduced instead of workplace certification and largely repeats it.

On December 31, 2018, the period when employers could stage-by-stage conduct a special assessment of working conditions in relation to workplaces where potentially harmful and (or) dangerous production factors were identified was completed. It's about about the so-called safe, “non-listed” jobs, that is, not listed in. Essentially, jobs fall into this category. In addition, only until this date could the results of a previously conducted certification of workplaces be valid (letter of the Ministry of Labor of Russia dated June 1, 2018 No. 15-4/10/B-4010 "").

Thus, the period during which it was necessary to complete the SOUT has already expired for employers. From January 1, those who fail to fulfill this obligation may be held liable. Let us note that liability for this part does not depend on the number of workers whose labor rights were violated ().

Can a special assessment of working conditions at a vacant workplace be carried out? Find out the answer in "Encyclopedia of solutions. Labor relations, personnel" Internet version of the GARANT system. Get free access for 3 days!

However, firstly, a special assessment should be carried out as soon as possible by those who were late - in particular, the Russian Ministry of Labor should implement a mechanism for preventing violations in relation to small businesses and individual entrepreneurs, within the framework of which the employer will first be sent a warning about the inadmissibility of violating labor protection requirements, and only in case of non-compliance will they be fined.

In addition, a special assessment can be carried out for the first time by those who have just created new jobs. A year is allotted for this from the moment of their formation. That is, if a workplace was created in December 2018, then the deadline for completing the SOUT is December 2019.

Both categories of employers will find our instructions very useful. During the special assessment, they need to take into account a number of features in order to avoid administrative liability for violating the established procedure for conducting a special assessment for the same.

Let us consider the procedure for carrying out this procedure in more detail.

Step 1. Issue an order to form a commission to conduct a special assessment of working conditions

Having made a decision to conduct a special assessment of working conditions, the head of the organization must issue a corresponding order, defining in it the composition of the commission for conducting such a special assessment, including the head, as well as the procedure for its activities. In this case, the number of commission members must be odd, and a labor protection specialist must be included in its composition (). The head of the commission, as a rule, is appointed general director ().

Step 2. Approve the list of workplaces for special assessment

The list of jobs for which a special assessment must be carried out, including similar ones, is determined by a commission created by the employer ().

A special assessment in the presence of similar jobs is carried out only in relation to 20% of their total number, but in any case there should be more than two (). The results of the special assessment are applied to all similar workplaces.

OUR HELP

Similar workplaces are workplaces that are located in one or more of the same type production premises, equipped with the same or the same type of ventilation, air conditioning, heating and lighting systems, in which workers work in the same profession, position, specialty, carry out the same labor functions in the same working hours when conducting the same type of work technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment ().

Step 3. Issue an order approving the schedule for a special assessment of working conditions

Simultaneously with determining the list of workplaces in respect of which a special assessment of working conditions should be carried out, the commission draws up a schedule for conducting a special assessment. It must be approved by the relevant order of the head of the organization.

When drawing up this schedule, the following should be considered.

By general rule, a special assessment is carried out in relation to each workplace, including office rooms, at least once every five years ().

If the employer had not previously carried out a special assessment of working conditions, it had to be carried out no later than December 31, 2018 (). However, the law allowed this to be done in stages.

The exceptions are jobs:

those employees whose profession, position or specialty gives them;
work for which gives the right to guarantees and compensation for work;
in which, based on the results of previously conducted certification of workplaces for working conditions or a special assessment of working conditions, harmful and/or dangerous working conditions were established ().

A special assessment of these jobs had to be carried out as a matter of priority, without dividing into stages (). For failure to fulfill this obligation, the employer faces administrative liability, including a fine of up to 10 thousand rubles for officials and individual entrepreneurs, up to 80 thousand rubles. - For legal entities ().

If, before December 31, 2013, the employer certified workplaces for working conditions, a special assessment in relation to these workplaces may not be carried out for five years from the date of completion of the certification ().

In addition, in addition to the planned special assessment of workplaces, the employer is obliged to conduct an unscheduled one - for example, when commissioning newly organized workplaces, changing the technological process, receiving an appropriate order from the State Labor Inspectorate, etc. (). The period during which an unscheduled special assessment of working conditions must be carried out ranges from 6 to 12 months, depending on the basis for its conduct ().

Step 4. Conclude an agreement with a specialized organization to conduct a special assessment of working conditions

To conduct a special assessment of working conditions, the employer must conclude an appropriate agreement with the selected specialized organization (,). The register of accredited organizations can be found on the website of the Russian Ministry of Labor (http://akot.rosmintrud.ru/).

Step 5. Transfer the necessary information, documents and information to the organization conducting the special assessment of working conditions

As soon as an agreement with a specialized organization is concluded, the employer is obliged to provide it with information, documents and information characterizing working conditions in the workplace (for example, technological documentation, building construction projects, etc.).

Step 6. Approve the results of identification of potentially harmful and/or dangerous production factors

When conducting a special assessment of working conditions, a specialized organization identifies potentially harmful and/or dangerous production factors. The results of this identification, upon completion, are approved by a commission created by the employer ().

Then the organization begins to measure the actual values of harmful and/or dangerous factors, if any have been identified (). Based on the results of the study, an expert from a specialized organization classifies working conditions in the workplace according to the degree of harmfulness and/or danger into optimal, acceptable, harmful and dangerous (,).

Step 7. Approve the report on the special assessment of working conditions

Based on the results of the special assessment, the organization draws up a report, which must be signed by all members of the commission created by the employer and approved by its chairman (). A member of the commission who does not agree with the results of a special assessment of working conditions may express his motivated opinion in writing and attach it to the report.

Step 8. Notify the specialized organization about the approval of the report on the special assessment of working conditions

Within three working days from the date of approval of the report on the special assessment of working conditions, the employer is obliged to notify the specialized organization about this, and also send to it a copy of the approved report (). Anyone can do this in an accessible way, providing the opportunity to confirm the fact of such notification.

Step 9. Submit a declaration of compliance of working conditions with state regulatory requirements for labor protection

If the presence of harmful and/or dangerous production factors was not identified based on the identification results, or if, based on the results of measurements, working conditions at the workplace are recognized as optimal or acceptable, the employer must notify labor inspection at the location of the organization (). To do this, working conditions must comply with state regulatory requirements for labor protection (approved). The employer must submit this declaration within 30 working days from the date of approval of the report on the special assessment (approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).

It should be noted that until May 1, 2016, the employer indicated in the declaration only information about the absence of harmful and/or dangerous production factors. In this regard, if, based on the results of measurements carried out before May 1, 2016, working conditions in relation to other workplaces were considered optimal or acceptable, the employer must submit an updated declaration to the labor inspectorate including these workplaces ().

Step 10. Familiarize workers with the report on the special assessment of working conditions

Within no later than 30 calendar days from the date of approval of the report on the special assessment, the employer must familiarize employees with the results of the special assessment against signature (). IN specified period periods of temporary incapacity for work of an employee, being on vacation or a business trip, or periods of rest between shifts are not included.

Step 11. Post the results of the special assessment on the organization’s website

Within 30 calendar days after approval of the report on a special assessment of working conditions, the employer should post summary data on the results of the special assessment on its official website - if available ().

Information posted on the website must contain information:

on establishing classes (subclasses) of working conditions in the workplace;
on the list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out.

To do this, you need to reflect the relevant data in (approved by order of the FSS of Russia dated September 26, 2016 No. 381).

Step 13. Apply the results of a special assessment of working conditions

The results of the special assessment influence the establishment of guarantees and compensation for employees. Thus, employees whose working conditions at their workplaces are recognized as harmful, depending on the degree of harmfulness, have the right to a reduced salary. working week no more than 36 hours, additional leave at least seven calendar days and/or compensation in the amount of 4% of salary (,).

In addition, a clause on working conditions at the relevant workplace must be included in the employment contract with new employees (). And changes should be made to contracts with existing employees by concluding with them the appropriate additional agreement ().

10.09.2019 10:52:00

For any organization, a special assessment of working conditions is a mandatory event, which is carried out jointly by the employer and a specialized organization authorized by the state, attracted by the employer on the basis of a civil contract. All workplaces of the employer are subject to a special assessment of working conditions, except for the places of homeworkers, remote workers and workers who have entered into labor Relations with individuals who are not individual entrepreneurs.

Special assessment of working conditions (Further - SOUT) is a unified set of consistently implemented measures to identify harmful and (or) dangerous factors in the working environment and the labor process and assess the level of their impact on the employee, taking into account the deviation of their actual values from those established by the authorized Government Russian Federation the federal executive body has standards (hygienic standards) for working conditions and the use of personal and collective protective equipment for workers (Part 1, Article 3 of the Federal Law “On Special Assessment of Working Conditions” dated December 28, 2013 No. 426-FZ; Further- Law No. 426-FZ).

According to Part 3 of Article 8 of Law No. 426-FZ, a special assessment of working conditions carried out in accordance with the methodology for its implementation , which is approved by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Ministry of Labor and social protection Russian Federation by order of January 24, 2014 No. 33n ( Further- Order No. 33n) approved the Methodology for conducting a special assessment of working conditions ( Further - Methodology for carrying out SOUT).

A special assessment of working conditions is carried out at least once every five years , unless otherwise established by Law No. 426. The specified period is calculated from the date of approval of the report on the implementation of special assessment and assessment. Article 17 of Law No. 426 provides for cases carrying out an unscheduled SOUT , in particular:

commissioning of newly organized workplaces;
changes in the technological process, replacement of production equipment that can influence the level of exposure to harmful and (or) hazardous production factors on workers;
changes in the composition of materials and (or) raw materials used that can influence the level of exposure to harmful and (or) hazardous production factors on workers;
an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the employee’s exposure to harmful and (or) dangerous industrial conditions factors.

Unscheduled SOUT is carried out at the relevant workplaces within six months from the date of occurrence of these cases. Regulation of SOUT carried out Labor Code Russian Federation ( Further - Labor Code of the Russian Federation), Law No. 426-FZ, others federal laws and other regulations legal acts Russian Federation (Article 2 of Law No. 426-FZ). IN legislative acts The Russian Federation contains requirements for workplaces and indicators of harmful and (or) dangerous factors in the working environment and the labor process ( Further - harmful and (or) hazardous production factors),
measured during the implementation of special assessments, as well as guarantees and compensation for workers engaged in work with harmful and (or) dangerous working conditions (table).

organization of SOUT;

ORGANIZATION OF A SPECIAL ASSESSMENT OF WORKING CONDITIONS

that provides services in this area and meets the requirements of Article 19 of Law No. 426-FZ.

The statutory documents of the organization conducting the special assessment must indicate that at least five experts , working on employment contract and having an expert certificate for the right to perform work according to SOUT. In addition, the organization conducting the SOUT, as structural unit must have , which is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and the scope of accreditation of which is conducting research (tests) and measurements of harmful and (or) hazardous factors in the working environment and the labor process.

The procedure for carrying out SOUT is established by Law No. 426-FZ and includes several stages:

organization of SOUT;
preparation for carrying out SOUT;
identification of potentially harmful and (or) dangerous production factors;
research and measurement of harmful and (or) hazardous production factors;
research (testing) and measurement of harmful and (or) dangerous factors in the working environment and the labor process when carrying out special environmental conditions;
registration of the results of the SOUT;
Declaration of compliance of working conditions with state regulatory requirements for labor protection.

Responsibilities for organizing and financing the implementation of SOUT are assigned to the employer. SOUT is carried out jointly between the employer and a specialized organization that provides services in this area and meets the requirements of Article 19 of Law No. 426-FZ. The statutory documents of the organization conducting the special assessment must indicate that the main type of its activity (one of its activities) is the implementation of special technical assessments . This organization must have at least five experts , working under an employment contract and having an expert certificate for the right to perform work according to SOUT.

In addition, the organization conducting the SOUT as a structural unit must have testing laboratory (center) , which is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and the scope of accreditation of which is conducting research (tests) and measurements of harmful and (or) hazardous factors in the working environment and the labor process.

COMPOSITION AND OPERATION OF THE COMMISSION (LIST OF ACTIVITIES
NECESSARY MEASURES) ARE APPROVED BY ORDER (DIRECTION) OF THE EMPLOYER. THE SAME ORDER APPROVES THE SCHEDULE OF SOUTH CONDUCT.

The employer enters into a contract with such an organization that conducts special labor conditions, civil contract .

PREPARATION FOR A SPECIAL ASSESSMENT OF WORKING CONDITIONS. FORMATION OF THE COMMISSION

Employer by order (instruction) forms a commission to conduct a special assessment of working conditions ( Further - commission). The number of commission members must be odd. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any). The commission is headed by the employer (his representative).

When conducting SOUTH at an employer, classified in accordance with the legislation of the Russian Federation as small businesses , the commission includes the employer - individual entrepreneur(personally), the head of the organization, other authorized representatives of the employer, including an occupational safety specialist or a representative of the organization or specialist engaged by the employer under a civil contract to carry out the functions of the occupational safety service (occupational safety specialist), representatives of the elected body of the primary trade union organization or other representative body of workers (if any).

DETERMINING THE LIST OF WORKPLACES AT WHICH A SPECIAL ASSESSMENT OF WORKING CONDITIONS WILL BE CONDUCTED

Before the start of work on carrying out SOUT the commission approves the list of jobs , where special labor and safety assessment will be carried out (indicating similar workplaces), as well as dangerous and (or) harmful working conditions.

Similar jobs workplaces are recognized that are located in one or more of the same type of production premises (production areas), equipped with the same (same type) air conditioning, ventilation, lighting and heating systems, in which workers work in the same specialty, profession, position, carry out the same labor functions in the same working hours when conducting the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.

Carrying out SOUT at similar workplaces has its own characteristics. When identifying similar places The SOUT is carried out in relation to only 20% of workplaces from the total number of such workplaces (but not less than two workplaces) and its results are applied to all similar workplaces.

IDENTIFICATION OF POTENTIALLY HARMFUL AND (OR) DANGEROUS OCCUPATIONAL FACTORS

Under identification of potentially harmful and (or) dangerous production factors means the comparison and establishment of a coincidence of the factors of the production environment and the labor process available in the workplace with the factors of the production environment and the labor process provided for by the Classifier of harmful and (or) dangerous production factors approved by Order of the Ministry of Labor No. 33n.

The procedure for identifying potentially harmful and (or) dangerous production factors is established by the Methodology for Conducting the Special Assessment System. According to Section II of the Methodology for Conducting SOUT, identification of potentially harmful and (or) hazardous production factors ( Further - identification) includes the following steps:

identification and description of the factors of the working environment and the labor process available in the workplace, sources of harmful and (or) dangerous factors;
comparison and establishment of coincidence of the factors of the production environment and the labor process available in the workplace with the factors of the production environment and the labor process provided for by the Classifier of harmful and (or)hazardous production factors;
making decisions on conducting research (tests) and measuring harmful and (or) dangerous factors;
registration of identification results.

Identification of potentially harmful and (or) dangerous production factors in the workplace is carried out expert of the organization conducting SOUT . The identification results are approved by the commission.

ANDCCRESEARCH AND MEASUREMENT OF HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS

As part of the special environmental assessment, all identified harmful and (or) dangerous factors in the working environment are subject to research (testing) and measurements. The list of detected harmful and (or) dangerous production factors that are subject to research (testing) is compiled by the commission based on:

state regulatory requirements for labor protection;
characteristics of the technological process and production equipment;
characteristics of the raw materials used;
results of previous studies and measurements
harmful and (or) hazardous production factors;
employee proposals.

Research (testing) and measurement of actual values of harmful and (or) hazardous production factors are carried out testing laboratory(center), experts and other employees of the organization conducting the SOUT. Research methods and techniques and methods for measuring harmful and (or) hazardous production factors, the composition of experts are determined independently by the organization conducting the special assessment. An expert of the organization conducting special environmental conditions, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors determines classes (subclasses) of working conditions in workplaces according to the degree of harmfulness and (or) danger .

WHEN CONDUCTING RESEARCH (TESTS) AND MEASUREMENTS OF HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS, APPROVED AND CERTIFIED IN THE PROCEDURE ESTABLISHED BY THE LEGISLATION OF THE RUSSIAN FEDERATION ON ENSURING THE UNITY OF MEASUREMENTS, METHODS OF RESEARCH (TESTS) AND TECHNIQUES (METHODS) OF MEASUREMENT AND THE CORRESPONDING MEASUREMENT INSTRUMENTS, PASSED VERIFICATION AND ENTERED INTO THE FEDERAL INFORMATION FUND FOR ENSURING UNITY OF MEASUREMENTS (Part 4, Article 12 of Law No. 426).

Article 14 of Law No. 426-FZ:

"2.Optimal working conditions (1st class) are working conditions in which there is no exposure to harmful and (or) hazardous production factors on the employee or the exposure levels of which do not exceed the levels established by the standards (hygienic standards) of working conditions and accepted as safe for humans, and the prerequisites are created for maintaining high level employee performance.

3. Acceptable working conditions (class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which do not exceed the levels established by the standards (hygienic standards) of working conditions, and the altered functional state of the employee’s body is restored during regulated rest or by the beginning of the next work day (shift).

4. Harmful working conditions (grade 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:

1) subclass 3.1 (harmful working conditions 1st degree)- working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after exposure to which the altered functional state of the employee’s body is restored, as a rule, with a longer cessation of exposure to these factors than before the start of the next working day (shift), and the risk of health damage increases;

2) subclass 3.2 (harmful working conditions 2nd degree)- working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which can cause persistent functional changes in the employee’s body, leading to the emergence and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of professional ability to work) ), arising after prolonged exposure (fifteen years or more);

3) subclass 3.3 (harmful working conditions 3rd degree)- working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which can cause persistent functional changes in the employee’s body, leading to the appearance and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period labor activity;

4) subclass 3.4 (harmful working conditions 4 degrees)- working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) during the period of work.

5. Hazardous working conditions (class 4) are working conditions in which an employee is exposed to harmful and (or) hazardous production factors, the levels of exposure to which during the entire working day (shift) or part of it can create a threat to the life of the employee, and the consequences of exposure to these factors cause a high risk of developing an acute occupational disease during the period of working activity.”

A PROTOCOL CONTAINING THE JUSTIFICATION FOR THE DECISION ON THE IMPOSSIBILITY OF CONDUCTING RESEARCH (TESTS) AND MEASUREMENTS OF HARMFUL AND (OR) HAZARDOUS PRODUCTION FACTORS IS AN INTEGRAL PART OF THE SPECIAL ASSESSMENT REPORT
WORKING CONDITIONS.

The commission has the right to make a decision on the impossibility of conducting research (testing) and measuring harmful and (or) hazardous production factors in the event that carrying out the specified studies (tests) and measurements at workplaces may threaten the life or health of workers, experts or other persons conducting special environmental assessments . In this case, working conditions at workplaces refer to dangerous class of working conditions without carrying out appropriate research and measurements. The commission issues a decision on the impossibility of conducting research and measurements protocol containing the rationale for making such a decision.

The employer is required to send a copy of the protocol to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance labor legislation and other regulatory legal acts containing norms labor law, at its location within 10 working days from the date of the decision.

RESEARCH (TESTING) AND MEASUREMENT OF HARMFUL AND (OR) DANGEROUS FACTORS OF THE WORKING ENVIRONMENT AND LABOR PROCESS WHEN CONDUCTING A SPECIAL ASSESSMENT OF WORKING CONDITIONS

As part of the SAW, the following harmful and (or) dangerous factors in the working environment are subject to research (testing) and measurement:

In addition, when carrying out SOUT, the following harmful and (or) dangerous factors of the labor process are subject to measurement:

severity of the labor process (indicators of physical load on the musculoskeletal system and on the functional systems of the worker’s body);
labor intensity (indicators of sensory load on the central nervous system and sensory organs of the employee).

By certain species jobs, professions, positions and specialties by the Ministry of Labor and Social Protection of the Russian Federation together with other executive authorities and organizations an additional list of harmful and (or) dangerous factors in the working environment and the labor process may be established, which are subject to research and measurement during the implementation of special environmental conditions . Based on the test results, working conditions at workplaces are divided into four classes according to the degree of harmfulness and (or) danger: optimal, acceptable, harmful and dangerous.

REGISTERING THE RESULTS OF A SPECIAL ASSESSMENT OF WORKING CONDITIONS

The organization conducting the SOUT is report on its implementation based on the results of the work done. The report form for a special assessment of working conditions and the Instructions for filling out the report form for a special assessment of working conditions were approved by Order No. 33n.

The report includes the following results of the SOUT:

information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of Law No. 426-FZ;
a list of workplaces at which the special labor safety assessment was carried out, indicating the harmful and (or) hazardous production factors that were identified at these workplaces;
SOUT maps containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting the SOUT;
protocols for conducting research (tests) and measuring identified harmful and (or) hazardous production factors;
protocols for assessing the effectiveness of personal protective equipment;
protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements (if such a decision exists);
consolidated statement results of the special assessment;
a list of recommended measures to improve working conditions;
conclusion of an expert from the organization conducting the special assessment.

Protocol for research and measurement of identified harmful and (or) hazardous production factors is issued in relation to each investigated and identified harmful and (or) dangerous factor. The report is signed by all members of the commission and approved by the chairman of the commission. If a member of the commission does not agree with the results of the SOUT, he has the right to express his motivated dissenting opinion in writing, attaching it to the report.

THE RESPONSIBILITY TO TRANSFER THE RESULTS OF THE SAS IS ASSIGNED WITH THE ORGANIZATION CONDUCTING THE SPECIAL ASSESSMENT OF WORKING CONDITIONS (Part 1, Article 18 of Law No. 426-FZ).

The employer organizes familiarization of employees with the results of the implementation of special labor safety measures at their workplaces against signature no later than 30 calendar days from the date of approval of the report on its implementation. The specified period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, or periods of rest between shifts.

The results of conducting special labor safety measures, including in relation to workplaces, the working conditions at which are recognized as acceptable and are declared as complying with state regulatory requirements for labor protection, are subject to transfer to Federal State information system taking into account the results of a special assessment of working conditions (Part 1 of Article 18 of Law No. 426-FZ). The organization conducting the special work assessment, within ten working days from the date of approval of the report on its implementation, transfers the relevant information regarding the employer, workplace and the organization that carried out the special work assessment to the specified accounting information system. Information is transmitted in the form electronic document, signed with a qualified electronic signature.

DECLARATION OF CONFORMITY OF WORKING CONDITIONS WITH STATE REGULATIVE LABOR SAFETY REQUIREMENTS

In relation to workplaces where No harmful and (or) hazardous production factors were identified based on identification results , the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms at its location Declaration of compliance of working conditions with state regulatory labor protection requirements (Article 11 of Law No. 426-FZ). The declaration and information about it are entered into the register of declarations of compliance of working conditions with state regulatory requirements for labor protection. The form for the declaration of compliance of working conditions with state regulatory requirements for labor protection and the procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection were approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated February 7, 2014 No. 80n. Declaration valid for five years from the date of approval of the report on the implementation of special assessment and assessment.

Material for publication was kindly provided by the editors of the magazine
"Occupational safety and fire safety."

The procedure for special assessment of working conditions (SOUT) according to the current rules has been carried out since 2014. No rule changes in this year, compared to previous periods, no, but before 01/01/19 all companies are required to conduct a workplace assessment according to the new rules.

The legislator did not provide for the specifics of this procedure for representatives of small businesses. SOUT is carried out by special accredited organizations for a fee. There are situations in which a company does not need to carry out SOUT and pay for it. Small enterprises have more than representatives of medium and big business, opportunities to do this.

What is SOUT

A special assessment of working conditions is a survey of workplaces in order to identify harmful factors affecting the human body and assign a risk class to each workplace. Optimal (class 1.0) and acceptable (2.0) working conditions do not require any special actions on the part of the employer. However, if the assessment system reveals the presence of harmful, hazardous conditions(grades 3.0 and 4.0), employees occupying such jobs are entitled to increased wages (4% or more of the salary, i.e. rates) and a shortened working week (maximum duration - 36 hours).

Legislative framework regulating SOUT and its results:

Federal Law No. 426 dated 12/28/13 “on SOUT”;
Order of the Ministry of Labor No. 33 dated 01/24/14 (contains the methodology for carrying out special assessment and assessment);
Order of the Ministry of Labor No. 80 dated 02/07/14 (contains the procedure for filing a declaration under the SOUT);
Labor Code of the Russian Federation, in particular Art. 147, 92 (protects the rights of employees if workplaces are assigned grades 3 and 4 based on the results of the Special Assessment of Labor Standards);
Code of Administrative Offenses, in particular Art. 5.27.1 (regulates fines under SOUT).

SOUT at small enterprises and microenterprises is carried out in accordance with the specified documents.

Until recently, the current certification results according to the old rules were equated to the results of the special assessment system. However, as of January 1, 2019, the transition period (Article 27 of Federal Law No. 426) ends, which means that a special assessment of jobs must be carried out before the end of 2018 was obliged, as a general rule, every employer providing employees with jobs. There are exceptions, we will talk about them further.

How to carry out SOUT

A special assessment of working conditions is carried out by a third-party organization, which:

does not depend on the employer (for example, it is not a branch or representative office);
has SOUT as its main activity;
passed accreditation in accordance with the order of the Ministry of Social Development No. 205n dated 01-04-10;
has a staff of specialists (5 or more) authorized to conduct such an assessment, at least one of them has the appropriate specialized education in the specialty (occupational, general hygiene, laboratory tests of a sanitary and hygienic nature);
has a laboratory equipped for conducting SOUT.

The company does not have the right to conduct such research independently. At the same time, the employer is obliged to form an internal commission that will work together with representatives third party organization. According to Art. 9 Federal Law No. 426 the number of commission members must be odd.

For small businesses the following is established:

the commission must consist of a manager (personally) or an individual entrepreneur;
there should be an OT specialist on the commission.

In the latter case, this may be either an employee of the company who has undergone appropriate training, or a representative of a third-party organization providing OT services under a contract. If there is a trade union, its representative must be included in the commission (clause 9, paragraph 3, article 9 of Federal Law No. 426).

Important! When compiling a list of SOUT objects, places with the same characteristics are identified: by profession (position), by location in similar production areas (premises), etc. If there are such places, then they are not fully assessed, but only in the amount of 1/5 of the total numbers. The number of jobs cannot be less than 2. It is believed that in this way all similar workplaces have been tested (Article 16, paragraph 1 of Federal Law No. 426).

Based on the results of the special assessment, a third-party specialized organization draws up a document - a report, which is signed by the commission. Objections of the commission or one of its members, if they arise, are attached to the report.

The report is needed for:

write-off of costs for carrying out SOUT;
planning and writing off labor costs;
formation of the tariff according to DSV.

New jobs, in accordance with the law, must be certified within six months. The same procedure applies if the technology used in any workplace has been significantly changed.

Important! SOUT is carried out in the context of workplaces, not employees. If in a small enterprise one employee combines several positions, in accordance with the staffing table it is determined how many positions he actually occupies. Conduct SOUT for each workplace.

Based on the results of a special assessment of working conditions, the company submits a declaration to the territorial labor inspectorate. This must be done no later than 30 days after the document has been approved.
The declaration is valid for 5 years, this period can be extended in the absence of occupational diseases and injuries in the work team.

The document is filled out in accordance with the order of the Ministry of Labor No. 80n.

How much does it cost

The amount of remuneration for the work of specialized organizations providing services in the field of SOUT is not regulated by law.

The price is influenced by the following main factors:

average market price services;
firm size, number of jobs;
the presence or absence of negative factors and the degree of their influence;
volume, completeness technical documentation describing negative factors.

Today, the market price for one workplace ranges from 800-900 rubles and above.

Saving can be costly

The Labor Code of the Russian Federation (Article 212) directly obliges the employer to conduct a special assessment of the working conditions of employees.

The legislator and regulatory authorities consider refusal to carry out special operational assessments as a violation of personnel rights. The fines for this violation are quite high. If we take into account the size and number of jobs in small enterprises, it becomes clear that it is not profitable for a manager to break the law.

Amount of penalties (according to the text of Article 5.27.1 of the Code of Administrative Offenses):

for the management of the company - from 5 to 10 thousand rubles;
per company - from 60 to 80 thousand rubles;
per entrepreneur - from 5 to 10 thousand rubles.

It is worth noting that in case of repeated violation, the fine for the organization can reach 200 thousand rubles, and for the manager (and individual entrepreneur) - up to 40 thousand rubles. A fine may be issued to the manager and the legal entity he manages at the same time. The fine can be replaced by suspension of the company's work for up to 90 days.

When there is no need to carry out SOUT

SOUT is not carried out if the employee works from home, works remotely, works at individual(not individual entrepreneur). There is no need to carry out special assessments for vacant jobs - there are no workers, their working conditions cannot be assessed.

It follows from the above that if all employees of a small business perform their duties remotely, and the manager works with documentation and solves the problems of the company’s functioning from home, an assessment of working conditions is not required. Organizational structure, the size of small enterprises and micro-firms makes it possible to have such a “remote” staff without any damage to business.

Results

The vast majority of business entities need to complete a special assessment of working conditions (SAL) by the end of this year.
There are no exceptions for small businesses.
To carry out SOUT, an agreement is concluded with a specialized third-party organization.
Prices for special assessment services are not as high as fines for violating the law.
Small businesses are in an advantageous position because they have a small number of jobs.
If the MP staff includes homeworkers or teleworkers, they may not carry out SOUT.

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