What is the start date for a special assessment of working conditions. Special assessment of working conditions (sout). Timing of the planned activity

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 employer’s workplaces are subject to a special assessment of working conditions, except for homeworkers, remote workers and workers who have entered into labor relations with individuals who are not individual entrepreneurs.

Special assessment 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 provided by Law No. 426. Specified period are 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;
• process change, replacement production equipment, which can influence the level of exposure to harmful and (or) hazardous production factors on employees;
• 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.

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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 by the Labor Code of the Russian Federation ( Further - Labor Code of the Russian Federation), Law No. 426-FZ, other 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 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 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 - an individual entrepreneur (personally), the head of the organization, other authorized representatives of the employer, including a labor protection specialist or a representative of the organization or specialist, attracted by the employer under a civil contract to carry out the functions of the labor protection service (labor protection specialist labor protection), 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 that are located in one or more of the same type are recognized 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, perform the same labor functions in the same working hours when conducting the same type of technological process with using the same production equipment, tools, fixtures, materials and raw materials and 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 Special Assessment and Assessment Procedures. 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) hazardous factors the production environment is 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 measurements of actual values ​​of harmful and (or) hazardous production factors are carried out by a 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) hazardous production factors, after exposure to which the altered functional state of the employee’s body is restored, as a rule, after 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 appearance and development of initial forms occupational diseases or occupational diseases of mild severity (without loss of professional ability) 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 federal body executive branch 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."

Since 2014 all employers(companies and individual entrepreneurs) are required to carry out. The article shows the types of workers when a special assessment of working conditions is not required. It is worth noting that the results of workplace certification for previous years will be considered valid for five years from the date of conduct. In other words, if your company underwent certification, for example, in 2012, then a special assessment for labor will be needed only in 2017. The deadline for a special assessment of working conditions is December 31, 2018.

Special assessment of working conditions in an office or liquidated organization

The company is in the process of liquidation, is it necessary to conduct a special audit?

Until they are expelled from the Unified State Register of Legal Entities, they may find fault.

Is it necessary to conduct a special assessment of working conditions in relation to the workplaces of office workers (managerial personnel)?

Yes need. A special assessment of working conditions is carried out in relation to the working conditions of all employees working in an organization or an individual entrepreneur. The exception is homeworkers and remote workers (Article 3 of the Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions”).

There was a rumor that the annual admission would be denied financial statements to those taxpayers who did not care about carrying out the special tax assessment. Accountants began receiving phone calls with such threats.

Under the auspices of SOUT, commercial firms are trying to sell their services.

As for the 4-FSS report, it data on SOUT are reflected at the beginning of the year, which means that data on the special assessment carried out this year will appear in the report for the 1st quarter of 2019.

What jobs must be certified?

By general rule, SOUT includes the measurement of hazardous production factors during the implementation, for example, of standard production processes.

SOUTH must be carried out at all workplaces, even in those where there is no “harmfulness” factor (for example, workplace accountant, manager, director), with some exceptions (see below). In relation to workplaces that are recognized as similar, it is sufficient to carry out an assessment assessment only for 20% of such workplaces (but not less than two workplaces). Therefore, the assessment results will be distributed automatically to other workplaces (Article 9 of Law No. 426-FZ).

Important! For example, if a company employs six auditors who are in the same room and use the same equipment (computer, printer, etc.), then their jobs can be considered similar and instead of six, only two jobs can be assessed.

The jobs of a manager and an accountant (different functionality, positions) cannot be considered similar and the 20% rule (but not less than two jobs) does not apply in this case.

There are also circumstances in which there is a need for an early assessment. They are listed in paragraph 1 of Article 17. Such circumstances include:

• Identified occupational diseases caused by the influence of harmful production factors on the employee.
• Accidents in the workplace.

The transition from certification to special assessment is regulated by Article 27 of Law No. 426-FZ. Law No. 426-FZ (clause 3 of Article 3) changed the list of jobs that are subject to special assessment. The differences in approaches to certification and special assessment are described in the Table below.

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They will be fined starting in 2019. The minimum fine is 60 tr. The assessment data is shown in Table 5.

Is it necessary to carry out SOUTH if only the director is registered in the organization, and wages are not calculated?

The employer must fulfill the duties provided for by labor legislation, including legislation on special assessment of working conditions (Article 22 of the Labor Code of the Russian Federation). Also on the basis of Part 2 of Art. 4 of Federal Law No. 426-FZ, he is obliged to ensure the implementation of SOUT.

From the above standards it is clear that for an organization whose staff does not have wage-earners, except for the director, there are no exceptions. Therefore, it is necessary to carry out an SOUTH assessment regarding the director’s workplace.

The CEO cannot be a remote worker. If there is an office rental, then there is a workplace.

Note: But if the company is registered at the residential address of the director, then he is already a home worker!

Rostrud believes: there is an office rental - there is a workplace, albeit not for all employees, but general director- exactly. And even though renting an office is a forced expense due to the legal address, and the general manager works from home. You have to pay - either for a special assessment or a fine. Any employee except the CEO can be a remote worker or a homeworker.

There is an old comment from 2015 Information portal Rostruda "Online inspection.RF", September 2015 on Garant... link

Starting from 2020, fines for SOUT will be applied automatically.

Starting from 2020, enterprises with jobs that have been in place for more than a year and for which there is no information about conducting SOUT in the FSIS SOUT system will begin to be fined automatically.

Data on SOUT has been entered into the FSIS SOUT since 2014, but in the first year, not all SOUT results were included in the system. Therefore, accurate data that can be used. To punish employers who did not carry out SOUT, there is only since 2015. And employers will begin to be fined automatically in 2020.

Until this time, only enterprises face a fine. Which the labor inspectorate will check in 2019 according to plan or outside the plan. Now Rostrud is preparing draft regulations. Which will regulate how the inspection will attract enterprises automatically.

Companies who are required to carry out SOUT

1 . Companies that did not conduct workplace certification in previous years or did, but the validity of the results has already expired.

2 . Companies that have created new jobs (not counting jobs for remote workers and homeworkers) or where the technological process has changed.

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How to save money on a special assessment of working conditions

Companies can evaluate workplaces with optimal and acceptable working conditions once, rather than every five years. Then it is enough to include such places in the declaration of conformity. These and other amendments were introduced by Federal Law No. 136-FZ of 05/01/16 into Article 11 of Law 426-FZ, which has been in force since 05/01/2016.

After a special assessment, the company submits it to the labor inspectorate. Previously, only places without harmful factors were included in the declaration. Companies now declare workplaces with optimal or acceptable working conditions.

1. 
   Based on the results of a special labor assessment, employers submit a declaration. The sample and form of such reporting and the procedure for filling it out were approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n.
2. 
   What is more profitable – to conduct a special labor assessment or pay additional contributions? How to apply an additional tariff if an employee combines two types hazardous work? Conducting an assessment of working conditions.

Special Labor Assessment- this is a single set of consistently implemented measures to identify harmful and (or) dangerous production factors and assess the level of their impact on the employee. Based on the results of a special labor assessment, classes and subclasses of working conditions in the workplace are established.

How to conduct a special assessment of working conditions

The procedure for the new procedure for assessing working conditions is prescribed in the Law of December 28, 2013. The methodology for conducting a special assessment of working conditions was approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

Along with this, the results of certification of workplaces, carried out according to the rules established by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n, are still in effect. In general, the results of certification carried out before January 1, 2014 are valid for five years from the date of completion of this certification (except for cases where a special assessment of workers’ working conditions needs to be carried out unscheduled).

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How to save money on a special assessment of working conditions, how to get COMPENSATION from the Social Insurance Fund

Companies can not every five years

After a special assessment, the company submits it to the labor inspectorate. Previously, only places without harmful factors were included in the declaration. Companies now declare workplaces with optimal or acceptable working conditions.

The law applies to relationships from January 1, 2014. That is, companies have the right to clarify a previously submitted declaration. To do this, fill out new form taking into account the changes, and write in the header that this is an updated report.

Declared places do not need to be re-evaluated. The company will file a new report that will remain in effect for another five years. The benefit is valid provided that there are no accidents or occupational diseases. Otherwise, a new assessment is needed.

Change of employee's full name, workplace name, reorganization of a legal entity

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Special assessment of working conditions

Special assessment of working conditions is a unified set of measures to identify harmful and dangerous factors in the working environment and assess the level of their impact on the employee, taking into account the deviation of actual values ​​from the established standards (Clause 1, Article 3 of the Law of December 28, 2013 No. 426-FZ).

Based on the results of a special assessment, classes and subclasses of working conditions at employees’ workplaces are established (Clause 2, Article 3 of Law No. 426-FZ of December 28, 2013).

According to paragraph 3 of Article 3 of the Law of December 28, 2013, a special assessment of working conditions not carried out in a relationship:

• home workers;
• remote workers;
• workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

The procedure for conducting a special assessment of working conditions is regulated by Law No. 426-FZ of December 28, 2013. Conducting a special assessment in relation to the working conditions of state civil servants and municipal employees may additionally be regulated by federal and regional laws and other regulations (clause 4 of article 3 of the Law of December 28, 2013 No. 426-FZ).

Even if employees constantly work on the territory of the customer, and not on the territory of the enterprise or organization, it is still necessary to conduct a labor assessment, because this category of employees is not named in the list of employees for whom a special assessment of working conditions is not required. And the list is closed. Therefore, such an assessment must be carried out, and any employer must do this, without exceptions (Clause 2 of Article 8 of Law No. 426-FZ of December 28, 2013). Otherwise, without conducting a special assessment of labor in relation to such employees, the organization will violate the requirements of labor legislation. This may result in administrative liability.

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Who and when is required to conduct a special assessment of working conditions?

All employers, as well as those who hired employees, are required to conduct a special assessment of the working conditions of workers.

Entrepreneurs without hired personnel are not employers, so they do not need to conduct a special assessment. But as soon as at least one employee appears on the staff, the entrepreneur will have to organize a special assessment of the newly created workplace.

Individuals without individual entrepreneur status who have hired workers do not conduct a special assessment.

Note: Article 3 of Law No. 426-FZ.

if during the period of its validity there are no circumstances specified in part 5 of this article, the validity of this declaration is considered extended for the next five years.

For 5 years there were no accidents or occupational diseases

Companies can evaluate jobs once with optimal and acceptable working conditions, and not every five years. Then it is enough to include such places in the declaration of conformity. These and other amendments were introduced by Federal Law No. 136-FZ dated 01.05.16, which has been in force since 01.05.2016.

How to extend the validity period of the SOUT declaration: clarifications of the Ministry of Labor

In the absence of accidents at work and identified occupational diseases, the validity of the SOUT declaration is extended for another five years. Must the employer provide labor inspection any documents that will confirm the timing of the declaration extension and the date of the next special assessment of working conditions? The Ministry of Labor answered this question in a letter dated August 30, 2019 No. 15-1/OOG-1968.

If during the validity of the declaration no accidents have occurred or no occupational diseases have been identified, then its validity period is automatically extended for five years. The deadline for conducting a special assessment of working conditions at declared workplaces is also postponed for five years. Documentary confirmation of the deadlines for extending the declaration and conducting the next planned special assessment of working conditions is not required.

The new company did not conduct a special assessment

A special assessment needs to be carried out within six months from the date of commissioning of new workplaces. This procedure follows from the provisions of Article 17 of the Law of December 28, 2013 No. 426-FZ.

Labor inspectors fined the company under Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation in the amount of 60,000 rubles. for not carrying out a special assessment. The Supreme Court overturned the decision on the fine because the inspectors did not take into account the specifics of the jobs provided for in the company's staffing schedule.

1. The company does not have jobs for which a special assessment needs to be carried out as soon as possible. Such jobs are listed in Part 6 of Federal Law No. 426-FZ dated December 28, 2013.
2. the company has no reason to conduct an unscheduled special assessment. It is carried out in cases established by Federal Law dated December 28, 2013 No. 426-FZ.

The judges indicated that the company has the right to conduct a special assessment of its workplaces in stages. The main thing is to complete it before December 31, 2018.

Compensations and benefits are established based on the results of the special assessment (Article 7 of the Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions”). However, until a special assessment has been carried out at the workplace, benefits and compensation for work in harmful and dangerous conditions are set at.

That is, in this situation there may be solutions to the issue, namely:

1 . Can independently attribute working conditions to harmful and establish compensation for employees based on the list approved by the Decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22, and include the corresponding conditions in the employment contract. And after a special assessment, changes will need to be made to the employment contract based on the results of the assessment.

An employee’s right to early retirement depends on 2 conditions:

• recognition of working conditions as harmful based on the results of a special assessment;
• the fact of payment of insurance premiums by the employer.

This rule applies from 01/01/2013. Accordingly, the issue of including the period of work in the preferential length of service before the implementation of special labor training remains controversial; there is a possibility that the employee will need to defend his right in court. In this regard, the SOUT needs to be carried out as soon as possible. If you indicate in your employees’ employment contracts that their working conditions are harmful, you can include these positions in your “List of Preferential Occupations”, but you will need to make deductions, as if a special assessment has not been carried out.

The right to an early old-age insurance pension arises before reaching retirement age under certain conditions. Mother-heroines, disabled people, workers and residents of the Far North.

2 . Can indicate in the employment contract that working conditions are acceptable, and not establish compensation, but after a special assessment, make changes to the employment contract. However, in this case, this period of work will not be included in the length of service giving the right to early retirement.

It should be taken into account that if working conditions are classified as harmful or dangerous, the employee’s right to receive appropriate compensation will arise from the moment he is hired for this workplace, and not from the moment the special assessment is completed. Accordingly, if an employee, for example, is entitled additional leave, he will rely for the entire period from the date of admission to this workplace.

Note: Some authors point out that in the absence of workplace certification and special assessment, data on working conditions at the workplace does not need to be included in the employment contract. However, this position contradicts the provisions according to which data on working conditions are mandatory for inclusion in any employment contract and there are no suspensive conditions when making these changes to Art. The legislator did not introduce Article 57 of the Labor Code of the Russian Federation. From which it follows that the formal absence of a description of working conditions at the employee’s workplace is already a violation of labor legislation, for which the employer can be held liable.

It is necessary to conduct a special assessment of working conditions in temporary or seasonal jobs

A special assessment of working conditions must be carried out even in temporary (created for a period of less than 12 months) or seasonal jobs. The Ministry of Labor of Russia reminded about this, as well as when to conduct an assessment, in letter dated 08/20/17 No. 15-1/OOG-2410.

At the workplaces of employees, except for homeworkers and remote workers, a special assessment is mandatory. In this regard, the employer must conduct a special assessment, including at temporary or seasonal jobs. This can be done during the implementation period in such places production activities.

CONDUCTING A SPECIAL ASSESSMENT OF WORKING CONDITIONS AT TEMPORARY WORKPLACES

We look at clause 15 of the Methodology for conducting a special assessment of working conditions, approved by Order of the Ministry of Labor of Russia dated January 24, 2014 N 33n. According to this standard, all research and measurements within the framework of the SOUT should be carried out during the implementation of standard production (technological) processes. This means that SAW should be carried out at a temporary or seasonal workplace during the period of production activities there (Letter of the Ministry of Labor of Russia dated 06/07/2017 N 15-1 / OOG-1568).

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The organization conducting the special assessment. Specialized labor appraiser

An organization that conducts a special assessment of working conditions must meet the following requirements:

• she must be an independent person in relation to the employer;
• in its statutory documents, conducting a special assessment of working conditions must be specified as the main activity;
• accredited in the manner prescribed by Order of the Ministry of Health and Social Development of Russia dated April 1, 2010 No. 205n. The list of accredited organizations is published on the official website of the Russian Ministry of Labor;
• the organization must have at least five experts working under an employment contract and having an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert with a higher education in one of the specialties; general hygiene doctor, occupational hygiene doctor, sanitary-hygienic laboratory doctor;
• In the organisation must be testing laboratory (center), which is accredited by the national accreditation body of Russia in the manner established by law RF, and the scope of accreditation of which is conducting research (testing) and measuring harmful and (or) dangerous factors in the production environment and the labor process.

The procedure for admitting organizations to conduct a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities to conduct a special assessment of working conditions in workplaces is established by the Government of the Russian Federation.

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Special Assessment Commission

To organize and conduct a special assessment of working conditions, the employer needs to create a commission. The number of commission members must be odd. The employer also approves the schedule for conducting a special assessment of working conditions. The employer approves the composition and procedure of the commission by order. The commission is headed by the employer or his representative.

The commission for conducting a special assessment of working conditions, as a rule, includes:

• employer representatives. These may be heads of structural divisions, HR specialists, medical workers;
• occupational safety specialist;
• representatives of the elected body of the primary trade union organization.

The commission is headed by the employer or his representative (clause 4 of article 9 of the Law of December 28, 2013 No. 426-FZ).

How to form a commission to conduct a special assessment for an entrepreneur working alone or an organization with one employee-director

If the entrepreneur or organization has no employees, then there is no need to create a commission at all. When there is at least one employee on staff, the commission must consist of at least one person.

It is necessary to form a commission only when there is an obligation to conduct a special assessment of working conditions. And this applies to all employers - organizations, entrepreneurs and citizens who have hired employees. That is, those who work employment contracts(Part 4 of Article 20 of the Labor Code).

Therefore, if an entrepreneur works alone and does not have hired personnel, then there is no need to conduct a special assessment. An entrepreneur is not his own employer. Therefore, there is no need to create a commission.

But if an entrepreneur has at least one employee, he is already considered an employer and, therefore, formally there is an obligation to conduct a special assessment. The same applies to an organization that has, for example, one director working on an employment basis. This single employee will be part of the commission that needs to be formed. The minimum number of commission members is not established by law; it is only stipulated that there should be odd number. When the only employee is the director, he will head the commission for conducting a special assessment, since he is the management body of the organization, acting as the employer in labor relations(clause 2 of article 8, clause 1, 4 of article 9 of the Law of December 28, 2013 No. 426-FZ, part 8 of article 20 of the Labor Code).

Attention: in private clarifications, Rostrud specialists allow not to form a commission to conduct a special assessment of working conditions if the organization has only one employee. This is logical.

After all, the commission is created precisely so that its participants jointly make decisions. And one person makes the decision alone. And therefore there is no point in forming a commission. But we note that the law does not directly say this, and there are no official explanations from the department either. To avoid unnecessary disputes with inspectors, it is easier to write a “piece of paper” and issue an order to conduct a special assessment, in which the composition of the commission should be described.

If, to perform the functions of the labor protection service, the organization attracts specialists under a civil law contract, then these people will also be part of the commission. And the commission will again be headed by a director - an employee of the organization. This is stated in paragraphs 1, 3 and 4 of Article 9 of the Law of December 28, 2013 No. 426-FZ.

The commission determines a list of workplaces and labor assessment criteria at which a special assessment of working conditions will be carried out, indicating similar workplaces (clauses 5–7 of Article 9 of the Law of December 28, 2013 No. 426-FZ).

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Similar jobs

Jobs that simultaneously have the following characteristics are recognized as similar:

• profession or position of the same name;
• doing the same things professional responsibilities when conducting the same type of technological process in the same operating mode;
• use of the same type of production equipment, tools, devices, materials and raw materials;
• work in one or more similar premises;
• use of the same type of ventilation, air conditioning, heating and lighting systems;
• identical location of objects (production equipment, Vehicle etc.) in the workplace;
• equal provision of personal protective equipment.

When identifying similar workplaces, it is sufficient to carry out a special assessment of working conditions in relation to 20 percent of the total number of workplaces, but not less than two. The results can then be applied to all similar jobs identified.

For similar workplaces, one special assessment card of working conditions is filled out and a unified list of measures is developed to improve the working conditions and safety of employees.

If, during a special assessment of working conditions, at least one workplace is identified that does not meet the criteria of similarity from among the workplaces previously recognized as similar, then a special assessment is carried out at all workplaces previously recognized as similar.

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The procedure for conducting a special assessment of working conditions

According to Article 8 of Law No. 426-FZ of December 28, 2013, a special assessment of working conditions is carried out in accordance with the Methodology approved by the Russian Ministry of Labor. Frequency of assessment: at least once every five years, unless otherwise provided by the legislation of the Russian Federation. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

Some workplaces are subject to a special procedure for conducting a special assessment of working conditions. The list of such workplaces was approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290. And the procedure for conducting a special assessment will be approved by the Ministry of Labor of Russia during 2014.

The results of the studies (tests, measurements) are documented in protocols in relation to each of the harmful and (or) hazardous production factors that are subjected to such operations.

Based on the results of such studies (measurements), the expert assigns working conditions in the workplace to the appropriate classes (subclasses).

Is it necessary to conduct a special assessment of working conditions if, as of January 1, 2014, the organization carried out certification of workplaces? In general, it is not necessary. If before January 1, 2014, the organization carried out certification of workplaces for working conditions, then general procedure a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the date of completion of this certification. The results of this workplace certification can be used for the purposes of a special assessment of working conditions. That is, if an organization carried out scheduled certification, for example, in 2013, then working conditions will need to be assessed according to the new rules only in 2018. The exception is cases when the employer has a need to conduct an unscheduled assessment (clause 1 of article 17 of the Law of December 28, 2013 No. 426-FZ).

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Phased special assessment of working conditions, assessment for temporary jobs

For some jobs, the special assessment may be carried out in stages. These are the jobs:

• employees whose professions, positions and specialties are not included in the lists, taking into account which early labor old-age pension is assigned;
• working conditions in which are not recognized as harmful or dangerous.

The phased special assessment must be completed before December 31, 2018 (Part 6, Article 27 of Law No. 426-FZ of December 28, 2013).

The phased approach involves conducting a special assessment not of all jobs at once, but only of a part of them. The list of such jobs is determined by the commission.

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Unscheduled special assessment of working conditions

Article 17 of Law No. 426-FZ of December 28, 2013 states that an unscheduled special assessment of working conditions should be carried out in the following cases:

1. commissioning of newly organized workplaces;
2. receiving an order from the state labor inspector to conduct an unscheduled assessment in connection with violations identified during an inspection by the labor inspectorate;
3. changes in the technological process, replacement of production equipment, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4. changes in the composition of materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
5. changes in the used personal and collective protective equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6. an industrial accident that occurred in the workplace (except for an industrial accident that occurred due to the fault of third parties) or the identification of an occupational disease, the causes of which were the employee’s exposure to harmful and (or) dangerous production factors;
7. the presence of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers to conduct an unscheduled special assessment of working conditions.

An unscheduled special assessment of working conditions is carried out at the relevant workplaces within 12 months from the date of occurrence of cases from points 1 and 3. If we are talking about circumstances from points 2, 4–7, then an unscheduled special assessment is carried out within six months from the date of the relevant circumstances.

If the last name (first name, patronymic) of the employer-entrepreneur has changed or the employer has been reorganized and the events from points 3–5 and 7 have not occurred, a special assessment may not be carried out.

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Special assessment of working conditions: is it necessary to carry out it at temporary workplaces?

At a newly organized workplace, an unscheduled special assessment of working conditions must be carried out. Moreover, it does not matter for how long this job is created. Letter of the Ministry of Labor dated 06/07/2017 No. 15-1/OOG-1568

The report on the special assessment of working conditions is signed by all members of the commission, and approved by its chairman. Each member of the commission who does not agree with the results of the assessment has the right to express in writing a reasoned dissenting opinion, which is attached to this report.

The employer is obliged to familiarize employees with the results of a special assessment of working conditions at their workplaces against signature. This must be done within thirty calendar days from the date of approval of the report on the special assessment of working conditions, no later. This period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, as well as periods of rest between shifts.

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Use of assessment results

What should an employer do based on the results of a special labor assessment? Based on the approval of the special assessment report, the employer will need to:

• familiarize employees with the results of the assessment (clause 4, part 2, article 4 of Law No. 426-FZ);
• post the results on your website, if available (Part 6, Article 15 of Law No. 426-FZ);
• report to the Social Insurance Fund information about the results of the special assessment (clause 18, clause 2, article 17 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases”).

If a company has conducted a special assessment, it may have to make changes to employment contracts with employees.

It is necessary to make changes to the employment contract with an employee if the working conditions at his workplace have changed. For example:

1. when concluding an employment contract, working conditions were optimal or acceptable (confirmed by the results of workplace certification), but according to the results of a special assessment they were recognized as harmful or dangerous;
2. working conditions were harmful or dangerous (confirmed by the results of workplace certification), and according to the results of a special assessment they were recognized as optimal or acceptable.

In the first case, the employer is obliged to provide the employee with guarantees and compensation for work in new working conditions, and in the second, the employee is deprived of guarantees and compensation for working in harmful or dangerous working conditions.

How to correctly draw up an additional agreement with employees who have been found to have harmful working conditions?

The organization in the described situation must conclude additional agreements to employment contracts with employees. In them, reflect: characteristics of working conditions in the workplace, working hours, increased wages for work in hazardous conditions, the procedure for providing and duration of additional paid leave; provision of therapeutic and preventive nutrition, mandatory medical examination, etc.

How to correctly issue an order to an organization on the results of a special assessment and assessment process

The Law does not require the content of an order issued based on the results of a special assessment. Therefore, the company has the right to include in it the information it deems necessary.

In certain cases, employers must declare that their workplaces comply with established rules and regulations and are not harmful or dangerous to employees. That is, if at the stage of IDENTIFICATION of potentially harmful and (or) dangerous production factors (see above the stages of conducting a special assessment of working conditions), their presence is NOT IDENTIFIED, then you will need to issue a declaration of compliance with working conditions (Part 1 of Article 11 of Law No. 426-FZ). and the procedure for filling it out was approved by order of the Ministry of Labor of Russia dated 02/07/14 No. 80n, which came into force on June 8, 2014.

Attention!

If when establishing based on the results of research (tests) and measurements of harmful and (or) hazardous production factors in workplaces with optimal and acceptable working conditions(grades 1 and 2, respectively) declaration of compliance of working conditions with state regulatory requirements is not carried out ().

In accordance with Article 7 of the Law of December 28, 2013 No. 426-FZ, the results of the special assessment can be used, in particular, for the purposes of:

• development and implementation of measures to bring working conditions into compliance with regulatory labor protection requirements;
• providing employees with personal protective equipment, as well as collective protective equipment;

ADDITIONAL LINKS on the topic

1. 
   What is more profitable – to conduct a special labor assessment or pay additional contributions? How to apply an additional tariff if an employee combines two types of hazardous work? Conducting an assessment of working conditions. And many other answers.
2. 
   Based on the results of a special labor assessment, employers submit a declaration. The sample and form of such reporting and the procedure for filling it out were approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n.

15.09.2016 10:47:00

Since 2014, all employers are required to conduct a special assessment of working conditions in workplaces, which was introduced instead of certification of workplaces, in order to determine the harmful and dangerous factors affecting workers (Article 212 of the Labor Code of the Russian Federation, Federal Law of December 28, 2013 No. 426 -FZ “On special assessment of working conditions”). Let's consider the features of this procedure.

WHO AND WHEN?

A special assessment of working conditions at workplaces (special assessment) is understood as a single set of consistently implemented measures to identify harmful and dangerous production factors and assess the level of their impact on the employee. Based on the results of a special assessment, classes and subclasses of working conditions are established for different categories of workers. The results of a special assessment of working conditions are used, in particular, to provide employees with guarantees and compensation provided for by the Labor Code of the Russian Federation, as well as to establish additional tariffs for insurance contributions to the Pension Fund of the Russian Federation, calculate premiums (discounts) to the tariff of contributions for compulsory social insurance against accidents at work and occupational diseases and justification for financing measures to improve labor protection conditions ( Art. 7 of Law No. 426-FZ).

This procedure is mandatory for absolutely all employers with employees, without exception, including individual entrepreneurs. There is no need to conduct a special assessment of working conditions for homeworkers and workers who work remotely (Part 3, Article 3 of Law No. 426-FZ). Despite the mandatory special assessment, many employers are in no hurry to carry it out.

As a general rule, a special assessment of working conditions should be carried out at least once every five years, unless there are grounds for an unscheduled assessment (Part 6, Article 27 of Law No. 426-FZ). The specified period is calculated from the date of approval of the report on the previous assessment of working conditions (Part 4, Article 8 of Law No. 426-FZ). It is carried out jointly by the employer and a specialized organization that meets the requirements of Art. 19 of Law No. 426-FZ, in accordance with the Methodology, which was approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n (Part 2 of Article 8 of Federal Law No. 426-FZ).

However, this rule is valid only from January 1, 2014, therefore Law No. 426-FZ establishes transitional provisions regulating the time frame within which the first special assessment of working conditions must be carried out. At the same time, the timing of the planned special assessment depends on whether the certification of workplaces was carried out before 2014.

If certification was previously carried out in relation to workplaces, then a special assessment in respect of such workplaces may not be carried out within five years from the date of completion of this certification, except in cases where the circumstances specified in Part 1 of Art. 17 of Law No. 426-FZ. At the same time, the results of workplace certification can be used during this time for the purposes of a special assessment, but no later than December 31, 2018 (Article 7 of Law No. 426-FZ). In particular, the results of workplace certification are used to determine the additional tariff of insurance premiums in Pension Fund RF. Thus, if there are current results of workplace certification, according to which working conditions are recognized as harmful and dangerous, differentiated tariffs for additional contributions to the Pension Fund from 2 to 8% are applied (Part 2.1 Article 58.3 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund", Letters of the Ministry of Labor of Russia dated 04.24.2015 No. 17-3/B-215, dated 03.13.2014 No. 17-3/B-113, dated April 18, 2014 No. 17-3/B-171). If, based on the results of certification, optimal or acceptable conditions, then the additional tariff of 0% cannot be applied. In this case, as well as in the absence of certification results, additional contributions to the Pension Fund should be paid according to general tariffs in the amount of 9 and 6% depending on the field of activity (parts 1 - 2 of Article 58.3 of Law No. 212-FZ and clauses 1, 2 of Article 33.2 of the Federal Law of December 15, 2001 No. 167-FZ “On Mandatory Pension insurance in the Russian Federation”, Letter of the Pension Fund of the Russian Federation dated February 12, 2014 No. NP-30-26/1707).

At the same time, the employer has the right to conduct a special assessment in the manner established Federal law No. 426-FZ, and before the expiration of the existing workplace certification results (Part 4, Article 27 of Law No. 426-FZ). Moreover, for the month in which the special assessment report was approved, contributions on additional tariffs are paid only from that part of the payments that was accrued for the period from the date of approval of the report to the end of the month (Letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3/B- 113).

If workplace certification has not been carried out previously, as a general rule, the special assessment must be completed before December 31, 2018. Moreover, the norms of Part 6 of Art. 27 of Law No. 426-FZ provides that a special assessment can be carried out in stages (Letters of the Ministry of Labor of Russia dated October 20, 2015 No. 15-1 / OOG-5597, dated December 8, 2014 No. 15-1 / B-1829). The phased approach involves conducting a special assessment not of all jobs at once, but only of a part of them. The list of such jobs is determined by the commission.

There are exceptions to this rule. The provision that the special assessment must be completed before the end of 2018 does not apply to the workplaces of employees specified in Part 6 of Art. 10 of Law No. 426-FZ. These are the jobs of employees whose professions and specialties are included in the lists, taking into account which the early assignment of an old-age labor pension is carried out; workplaces of workers who are provided with guarantees and compensation for working under harmful and (or) dangerous working conditions; workplaces 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 (Rostrud Letter No. 15-1/B-1829 dated December 8, 2014).

At the same time, Rostrud, in Letter No. 2628-6-1 dated November 20, 2015, indicated that a special assessment of those jobs for which there are no valid job certification results should be carried out as soon as possible.

However, the Supreme Court of the Russian Federation, in Resolution No. 36-AD15-5 dated January 22, 2016, confirmed that a special assessment of working conditions for a position not specified in Part 6 of Art. 10 of Law No. 426-FZ, and in the absence of grounds for conducting an unscheduled special assessment, it can be carried out no later than December 31, 2018.

Previously arbitrage practice the situation on this issue was contradictory. Some courts believed that it was impossible to postpone a special assessment if the organization had not carried out certification of workplaces. Such conclusions were made in the Appeal rulings of the Arkhangelsk Regional Court dated March 23, 2015 in case No. 33-1316/2015, and the Moscow City Court dated February 26, 2015 in the case№ 33-5865/15 .

However, there is a decision in which the court indicated that if there are no workplaces containing potentially harmful or dangerous factors, a special assessment of working conditions can be carried out in stages and must be completed no later than December 31, 2018 (Appeal definition Chelyabinsk Regional Court dated November 11, 2014 in case No. 11-11698/2014).

Therefore, it is possible to carry out a stage-by-stage special assessment of working conditions in relation to the workplaces of employees not specified in part 6 art. 10 of Law No. 426-FZ:

- whose professions, positions and specialties are not included in the lists, taking into account which an early labor old-age pension is assigned;
- working conditions in which are not recognized as harmful or dangerous.

RESPONSIBILITY

Violation of the terms and procedures for conducting special assessments at workplaces is a violation of labor protection requirements. Therefore, if the organization does not conduct a mandatory special assessment of working conditions, this will be classified as a violation of labor protection requirements.

From Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation it follows that an employer’s violation of the established procedure for conducting special assessments at workplaces or failure to conduct one shall entail a warning or the imposition of an administrative fine:

- on officials and persons carrying out entrepreneurial activity without forming a legal entity,- in the amount of 5,000 to 10,000 rubles;
- for legal entities- from 60,000 to 80,000 rub.

For repeated violations, a more severe penalty is provided in the form of:

- a fine in the amount of 30,000 to 40,000 rubles. or disqualification for a period of one to three years- for officials;
- from 30,000 to 40,000 rubles. or administrative suspension of activities for up to 90 days- for individual entrepreneurs;
- from 100,000 to 200,000 rub. or administrative suspension of activities for up to 90 days - for organizations.

Such liability is provided for in Art. 5.27.1 Code of Administrative Offenses of the Russian Federation.

SOME FEATURES

Working conditions in the workplace for a newly registered organization are also subject to a special assessment (Part 1, Article 17 of Law No. 426-FZ). A change of office is also the commissioning of newly organized workplaces. Accordingly, an unscheduled special assessment of working conditions should be carried out at these workplaces. In the situations described, a special assessment is carried out within six months from the date of commissioning of new workplaces (Part 2 of Article 17 of Law No. 426-FZ).

In order to reduce the costs of conducting a special assessment, employers may not conduct it at all workplaces. When similar jobs are identified, a special assessment is carried out only in relation to 20% of them, but at least in two places. The results of the special assessment apply to all similar workplaces (Part 1, Article 16 of Law No. 426-FZ).

Workplaces that are located in one or more of the same type of production premises, equipped with the same ventilation, air conditioning, heating and lighting systems (Part 6, Article 9 of Law No. 426-FZ) are recognized as similar. They also have the following characteristics:

- profession, position, specialty of the same name;
- use of the same production equipment, tools, fixtures, materials and raw materials;
- execution of identical labor functions in the same working hours when conducting the same type of technological process;
- provision of identical personal protective equipment.

​ An unscheduled special assessment is only necessary in certain cases:

- when new jobs appear at the enterprise;
- if she is appointed by the labor inspectorate;
- when changing the technological process, replacing equipment, replacing materials and raw materials used, replacing personal or collective protective equipment, provided that these changes will affect the level of harmful and dangerous factors;

- if an accident or occupational disease occurs;
- at the initiative of the trade union.

​ A special assessment should be carried out within six months from the date of occurrence of any of the listed situations (Part 2 of Article 17 of Law No. 426-FZ). At the same time, it is necessary to evaluate only those workplaces where changes have occurred or for which orders have been issued. An unscheduled special assessment is carried out in a manner identical to the procedure for conducting a planned special assessment.Important! The results of certification of workplaces that were issued after December 31, 2013 cannot be used (Letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3/B-113).

T. Nechaeva,

leading consultant DKPO group of companies "U-Soft"

Source: “EZh-Lawyer”, No. 15, 2016 (material posted in SPS ConsultantPlus); electronic resource: consultant.ru.

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