Who is required to conduct a special assessment of workplaces? Carrying out sout. step-by-step instruction. Legislation governing special assessment of working conditions

Information updated 03/25/2015

Denis Shofshan, tax consultant at FondInfo LLC

The procedure and conditions for conducting the assessment are determined by Federal Law, which came into force on January 1, 2014. A special assessment of working conditions is being carried out according to the methodology approved, which came into force on April 8, 2014. This means that, in fact, specialized organizations received the right to conduct a special assessment of working conditions only on April 8, 2014. Based on the results of the special assessment, classes and subclasses of working conditions at employees’ workplaces are established. For more information about what a special assessment is, whether the costs of its implementation can be taken into account in expenses, whether the results of a special assessment affect the size of the discount on insurance premiums, etc., see the table at the end of the material.

Who needs a special assessment?

All employers are required to conduct a special assessment of working conditions (regardless of the tax system and number of employees). Moreover, all workplaces are subject to special assessment, regardless of whether there are sources of danger at the workplace or not. Office workplaces are also subject to special assessment. There are no exceptions for them in the legislation. Previously, official bodies also insisted on certification of workplaces if an employee spends more than half of his working time at a computer (letter from the Russian Ministry of Labor).
A special assessment may not be carried out only in relation to ():

• home workers;
• remote workers;
• workers employed by individuals who are not individual entrepreneurs.

A special assessment is carried out jointly by the employer and the organization that meets certain requirements ().

When to conduct a special assessment?

If the company conducted workplace certification before January 1, 2014, then its results are valid for five years from the date of completion. That is, the special assessment may not be carried out until December 31, 2018 at most. However, it is necessary to carry out a special assessment outside the plan in the following cases (Article 17 of Law No. 426-FZ):

• commissioning of new jobs;
• receiving an order from a state labor inspector to conduct an unscheduled assessment in connection with violations identified during an inspection by the labor inspectorate;
• change technological process, replacements production equipment, which 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;
• changes in the applied personal and collective protective equipment that can influence the level of exposure to harmful and (or) hazardous production factors on workers;
• 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;
• availability 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.

Can be carried out special assessment working conditions before the expiration of the results of certification of workplaces on one’s own initiative (clause 4 of article 27 of Law No. 426-FZ).

How have additional tariffs changed?

Since 2015 additional insurance premium rates have increased compared to 2014 and 2013. In table 1 shows tariffs for organizations that have not carried out either certification or special assessment of working conditions.

1. The amount of additional insurance premium rates (if neither certification nor a special assessment of working conditions was carried out)

Note.*Tariffs in the Social Insurance Fund and the Federal Compulsory Medical Insurance Fund under these conditions have zero values.

If, based on the results of a special assessment of working conditions, classes (subclasses) of working conditions were determined, then from the date of approval of the report on its implementation, a differentiated scale of additional tariffs for insurance premiums should be applied (see Table 2; and letter from the Ministry of Labor of Russia).

2. Differentiated scale of additional tariffs for insurance premiums (if classes of working conditions are established)

What to do with the certification?

The results of workplace certification can be used to establish differentiated tariffs until December 31, 2018. To do this, four conditions must be met simultaneously ():

• The certification established that working conditions in the workplace are harmful or dangerous.
• The certification has not yet expired.
• The results of certification are reflected in documents that were issued no later than December 31, 2013 (letter from the Ministry of Labor of Russia).
• Certification documents are drawn up according to the rules, approved. By orders of the Ministry of Health and Social Development of Russia or.

If the certification results are formatted correctly, then certification documents the same classes and subclasses of working conditions that are in effect now should be reflected. There have been no changes in the legislation of the Russian Federation in this part. So, for example, if the certification of working conditions was found to be dangerous, then additional contributions must be added to payments at a rate of 8% (see Table 2).
However, keep in mind that if, based on the results of the certification, the working conditions were considered optimal or acceptable, then additional contributions should be charged at fixed rates: 6 or 9%. Zero tariffs cannot be applied in this case. Contributions can be reduced to zero only based on the results of a special assessment (). It turns out that some employers may benefit speedy implementation special assessment of working conditions in order to reduce insurance premium rates.

Reporting to the Pension Fund

Considering that the results of a special assessment of working conditions affect the applicable tariff of additional insurance premiums, reporting to the Pension Fund in this part has been clarified since the 1st quarter of 2014. So, in the quarterly calculation according to the RSV-1 form of the Pension Fund of Russia, approved. , the following can be highlighted:

• Section 2 has been supplemented with a new subsection 2.4, which reflects information on insurance premiums for an additional tariff depending on the class (subclass) of working conditions, which was established based on the results of a special assessment;
• columns 3 and 13 have been added to section 4, which reflect additional accrued additional contributions paid based on the results of the special assessment ();
• the column “Special labor assessment code” has been added to section 6 of subsection 6.7. The meaning of these codes can be found in Appendix No. 2 to the Procedure for filling out the calculation according to the RSV-1 Pension Fund form.

Reporting to the Social Insurance Fund

Table 10 “Information on the results of a special assessment of working conditions and mandatory preliminary and periodic medical examinations of workers at the beginning of the year” of Section II of the calculation in Form-4 of the FSS, starting with reporting for the first quarter of 2014, is filled out and submitted without fail (clause 2 Procedure for filling out form 4-FSS). This table has been updated due to the introduction of a special assessment of working conditions.

Table 10 reflects data on a special assessment of working conditions, as well as on mandatory preliminary and periodic assessments carried out medical examinations at the beginning of the year (approved by Order of the Ministry of Labor of Russia dated March 19, 2013 No. 107n). Moreover, if the policyholder’s workplace certification for working conditions has not yet expired, then the table must be filled out based on the results of such certification.

Important nuances of special assessment of jobs

About the declaration of conformity and about payment of a special assessment at the expense of the Social Insurance Fund

• If, based on the results of a special assessment, working conditions are considered optimal or acceptable, then the company must submit labor inspection at its location a special declaration. Its form and order of presentation have been approved. It was registered by the Ministry of Justice of Russia on May 22, 2014 under No. 32387 and came into force on June 8, 2014.
  Read about how to choose an “appraiser” and submit a declaration of conformity.
• The costs of a special assessment can be offset against the payment of contributions for injuries, but not more than 20% of the amount of contributions. This is provided for, which was registered with the Ministry of Justice of Russia on May 15, 2014 under No. 32284 and came into force.
  Read about how to pay for a special assessment of working conditions and other safety measures at the expense of the Social Insurance Fund.

If there is an employee on staff with whom the labor Relations, it is mandatory to carry out (SOUT - Special Assessment, - ed.), even if the enterprise is a small business. To none of them legal forms property, which contains the requirements for the SOUT procedure, does not contain restrictions. The only place where is in the workplaces of homeworkers, remote workers and persons who have entered into employment relationships with individuals who are not individual entrepreneurs (Individual entrepreneur - ed.).

Special assessment has become the main priority in labor legislation. The procedure involves identifying harmful and dangerous factors in workplaces through an in-depth analysis of local regulatory documentation and instrumental measurements. This allows you to either confirm the compliance of working conditions or assign compensation and benefits to employees when harmful and dangerous factors are identified, as well as develop measures to rationalize (improve) conditions.

Attempts to exclude or give privileges to small, medium and large businesses under the previously existing procedure - (ARM, - ed.) were made quite often. Over the long history of the procedure, it was only possible to influence the abolition of assessment of the prevailing part of jobs office employees. Official amendments to the procedure for conducting automated work were made on December 12, 2012. But the new requirements had such a double meaning that they gave rise to even greater misunderstanding. A month later, the department sent clarifications to the Order, which stated that:

• a) primary automated work, despite the requirements, must be carried out at all places without exception;
• b) certification for office jobs of employees working at a PC for 50 percent or more of their working time continues to be mandatory.

Statistics showed that most of the jobs met the requirements of points a and b, since out of 48.7 million jobs in the Russian economy, only 6 million jobs were certified.

In this case, small businesses also have requests to the executive authorities to cancel the procedure for them or apply relaxations in order to eliminate the financial burden, since the SOUT is a service of an independent appraiser. In particular, with numerous appeals from representatives to the Tyumen Regional Duma, the deputies decided to develop a bill “On amendments to Article 27 of the Federal Law “On special assessment of working conditions”, which proposes to impose a temporary moratorium on jobs related to small businesses . According to OK. Nevidailo, Commissioner for the Protection of the Rights of Entrepreneurs in the Tyumen Region:

Quote:‘The bill provides that the requirements of Federal Law No. 426-FZ will not apply to employers who are small and medium-sized businesses. Thus, it is possible to contain the deterioration of business conditions associated with. Also, this will give Extra time to further improve this procedure in order to minimize negative economic consequences’

It is also assumed that a short delay will create a competitive market in the regions of the country, which will help curb unreasonable price increases and reduce the costs for employers to attract organizations from other regions.

Unfortunately, the problem of the lack of accredited laboratories or their limited number in many regions of the country is visible and visible. And this further affects the increase in the cost of services. For example, in Tyumen, employers often have to resort to the efforts of Moscow or organizations in Yekaterinburg, which include in the cost of the service travel expenses, hence the cost per unit of workplace can reach from 3,000 to 5,000 rubles. While if you order in local organization carrying out SOUT and assessing the workplace cost approximately from 1,500 to 2,300 rubles. There have been cases where in the Altai Territory, Khanty-Mansiysk Autonomous Okrug, customers were offered a price from 7,000 to 10,000 per workplace due to the workload of laboratories. Under such conditions, it is difficult to choose a service provider.

For your information, for one workplace at a “micro-business” enterprise is 1.5-2 times higher than the cost of a workplace unit in a large organization due to cost-effectiveness.

We also decided to check with the head of the central laboratory for the examination of working conditions of the Federal State Budgetary Institution "VNII of Labor Protection and Economics" of the Ministry of Labor of Russia "A.A. about whether relaxations can be accepted and whether the assessment for small businesses will be canceled. Lyubimova:

Quote:‘It is unlikely that such changes can be made, since any relief for small businesses could create some kind of conflict of interest with representatives big business. Because small businesses often also carry out complex types of work that can lead to injuries, serious occupational diseases and deaths among workers. And excluding them from the list would mean that workers in this category will simply remain unprotected. Violation of workers' rights must not be allowed. This approach is main task special assessments, and not suppression of the interests of small businesses’

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, the federal law dated 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.

By general rule A special assessment of working conditions must be carried out at least once every five years, if there are no grounds for an unscheduled assessment (Part 6, Article 27 of Law No. 426-FZ). Specified period is calculated from the date of approval of the report on the previous assessment of working conditions (Part 4 of 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 Russian Federation, Social Insurance Fund of the Russian Federation, 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 04/18/2014 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 by 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) hazardous conditions labor (Letter of Rostrud dated December 8, 2014 No. 15-1/B-1829).

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 are recognized as similar. production premises, equipped with the same ventilation, air conditioning, heating and lighting systems (Part 6, Article 9 of Law No. 426-FZ). 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.

02.10.18 130 704 6

Amazing business adventures with hired workers

Until December 31, 2020, everyone who has wage-earners, must conduct a special assessment of workplaces.

Natalia Chelovan

made a special assessment

The legislator established a five-year transition period for the phased implementation of SOUT - it ended on December 31, 2018. Therefore, employers had to carry out a special workplace assessment before January 1, 2019. But those who completed the SOUT in 2015 must go through the procedure again until December 31, 2020, because the special assessment is carried out at least once every five years.

This article is for small businesses and individual entrepreneurs, because large ones themselves know everything.

In fact, it is not enough to carry out a special assessment - you also need to fill out a declaration and submit it to the labor inspectorate. And this is where the nuances begin.

This spring I conducted a special appraisal at a small real estate agency. I needed to evaluate four office locations located in the center of St. Petersburg; I had some time to spare. As a result, I paid 6,000 RUR for the assessment of four jobs and was satisfied. I'll tell you in order.

What is a special assessment of working conditions

SOUT is an assessment of workplaces: experts identify harmful production factors and assess how well production indicators comply with standards.

There is a law according to which organizations with employees must conduct a special assessment of jobs, abbreviated as SOUT. Based on its results, the class of working conditions is determined. Depending on the class, fees are calculated, special clothing is purchased, or, for example, additional lamps are installed.

When conducting a special assessment, harmful factors are assessed, not aesthetics. An expert will pay attention to noise, dust or lack of light, but not to the color of the walls or the quality of door fittings. They can also measure the severity of labor, chemical and biological factors. But usually this applies to complex manufacturing enterprises.

Are they strangling businesses with inspections again?

A special assessment of working conditions is, frankly, a headache. A lot of fuss, paperwork and formalities.

But it also has a meaning: SOUT helps make sure that employees work in normal conditions, they have something to breathe, radioactive lime does not fall on them, and their eyes do not leak due to the darkness in the office.

Who should conduct

Any business that employs employees should evaluate jobs. All places where people work are subject to assessment: in the office, in the kitchen in a cafe, in sewing workshop and in furniture production.

The assessment is carried out by specialized firms. An expert from such a company comes to the office or production site, checks everything, and then writes a report. Based on this report, you fill out and submit a declaration to the labor inspectorate.

Who should not conduct a working conditions assessment?

Companies without employees. Let's say the only employee in a company is the CEO. He works from home because office space No. Then there is no subject of assessment, which means it is not needed.

If the individual entrepreneur does not have employees, then there is no need to evaluate anything either.

Companies without jobs- all employees are remote. There is no need to evaluate the jobs of remote and home-based workers: if, for example, a designer or seamstress works from home and this is stated in their employment contract, there is no need to conduct an evaluation. No need to evaluate vacancies- this is when there is a place, but no one works on it.

Ordinary people. The procedure does not apply to individuals: if you have a private chef or personal assistant, whom you pay as individual, then there is no need to carry out the procedure either.

Nuances

Sometimes a special assessment is needed, but a declaration is not needed: this mainly applies to all kinds of industries, cafes and restaurants. Or any business where harmful or dangerous factors are discovered - here you need to act differently, but this is a topic for a separate article.

When is the special assessment carried out?

A special assessment must be carried out at least once every five years. For example, if you completed the SUT in August 2015, you must complete the procedure again no later than August 2020. And you will have 30 working days from the date of approval of the report to complete and submit a declaration under the SOUT.

Responsibility for failure to carry out a special assessment - a fine of up to 200,000 RUR

For those who do not want to make a special assessment, there are fines. First time:

• the general director or individual entrepreneur will pay from 5,000 to 10,000 RUR;
• legal entity - from 60,000 to 80,000 RUR.

Repeated violation (failure to conduct a special assessment of working conditions) will cost:

• for the general director - a fine from 30,000 to 40,000 R or disqualification (ban) from leading for a period of 1 to 3 years;
• a legal entity will have to respond with an amount from 100,000 to 200,000 R or suspension of activities for a maximum of 90 days;
• The individual entrepreneur will pay a fine as a general director - up to 40,000 RUR, but his activities will be suspended as a company.

How often to carry out and how long the SOUT is valid

The validity period of the SOUT declaration is 5 years. We count from the day the information about the assessment results is entered into the accounting information system. In most cases, this period will be automatically extended for another 5 years. But the assessment will need to be re-assessed if:

1. An employee had an accident at work.
2. The employee was diagnosed with a disease that appeared due to harmful or dangerous factors at work.
3. During the inspection, the labor inspectorate revealed violations of labor safety standards.
4. In these cases, in addition to the termination of the declaration of conformity, an unscheduled special assessment of working conditions will have to be carried out. An unscheduled special assessment will also be required if new jobs have appeared or the office has changed. From January 1, 2020, the employer can also carry out unscheduled inspection, if an employee sends him comments and objections regarding the results of a special assessment at his workplace.

Procedure for assessing working conditions

For myself, I divided the whole process into three steps:

Preparation - selection of performer, collection of documents. Conducting - research and obtaining documents from the organization. Filing reports - filling out declarations, notifying employees. Let's take a closer look at each of the steps.

Select a contractor, issue an order and approve the list of places

Jobs are assessed by special people who have the equipment and knowledge to do this. An entrepreneur cannot carry it out for himself. The performer must have accreditation - it can be checked on the Ministry of Labor website.

Here - in the section “Register of experts from organizations conducting a special assessment of working conditions” - you can check the certification of the expert who will conduct the special assessment of working conditions.

1. The total number of seats - the fewer, the more expensive.
2. Office location - going to the industrial zone on the outskirts of the city will be more expensive.
3. The complexity of the assessment is if you are assessing not an office, but, for example, clothing industry, then additional measurements of noise and severity of the labor process will be required, this will be more expensive.
4. Urgency.

I called a dozen companies, chose three with a normal price for me, checked that they were accredited, and then remembered which of the three companies spoke to me friendlier on the phone. I entered into a standard contract with this company.

In parallel with the conclusion of the contract, it is necessary to create a commission to conduct a special assessment of working conditions. It sounds loud, but in fact you need to draw up and sign an order with the general director, which lists the composition of the commission of company employees.

Before the start of the procedure, you need to draw up and sign with the commission a list of places that are subject to assessment, and draw up a schedule for carrying out the assessment. The schedule does not have any set form; you draw it up like all other internal documents.

Neither the order, nor the schedule, nor the list of places need to be submitted anywhere. They are kept along with other documents in a thick folder by the accountant. This is what these documents look like for me.

I personally compiled the order, schedule and list, as an example. The design may differ from yours. It is not regulated in any way, but the documents themselves must be there for order.

Obtaining a conclusion

When assessing jobs, there are two stages: identification, and then measurements and research.

Identification. First, the expert inspected the premises, talked with the employees and their immediate supervisor: for example, asked how much time they spent at the computer. The challenge was to understand what the workflow was and what measurements or studies would be required.

You agree on the time in advance - it is important that the employees are at their workplaces and that the commission members specified in the order are present. The expert will need to show:

1. A list of jobs and the jobs themselves.
2. Employee working hours.
3. Equipment on which employees work.

After the inspection, the expert said that one factor would be measured - illumination. The commission agreed and we set a date for a new meeting.

Measurements and research. An expert comes and takes measurements at the workplace. In our office, it was necessary to measure the “parameters of the light environment”: whether there is enough light in the room to work at a computer. For the study, the expert brought a light meter and measured the level of artificial lighting.

The expert described the results in a measurement report and set a class for working conditions. In total, there are 4 classes of working conditions:

1. Optimal (first class).
2. Acceptable (second class).
3. Harmful (third class), there are also subclasses.
4. Dangerous (fourth grade).

Class affects the level of guarantees and compensation provided to workers engaged in production with harmful factors. Our office has been assigned a second class - these are acceptable working conditions.

The expert enters the class of working conditions into the map and then makes a report. The deadline for preparing the report is specified in the contract. In my case, the contract specified 30 calendar days after receipt of our payment, and I received the documents exactly on time.

The report should include:

1. Information about the organization that evaluates workplaces, copies of the accreditation certificate and the scope of accreditation.
2. A list of workplaces where the assessment was carried out, listing the harmful factors detected.
3. Research and measurement protocols.
4. Special Assessment Cards.
5. Consolidated statement SOUT results and a summary table of classes of working conditions.
6. A list of recommended measures to improve conditions, if necessary.
7. Expert opinion.

The report must be approved and signed by the chairman and members of the commission.

Submit a declaration

The expert gives you a report for approval, and you sign it. In our case, we received the conclusion on May 15, and on May 16 it was signed by the general director. Within three working days after approval, you must in any way in an accessible way report this to the organization that assessed the jobs. We sent a scan of the signed report cover page by email.

After this, the organization conducting the special assessment sends a special assessment report to the FSIS (Federal government system taking into account the results of the SOUT) and within three working days informs the customer about this. All these actions take place during the term of the contract.

For places where nothing harmful or dangerous was found, a declaration of conformity is submitted. There are exceptions, for example for medical reasons, teaching staff, see the list of exceptions in paragraph 6 of Art. 10 of Law 426-FZ. The employer is required to file the declaration. The submission deadline is 30 working days from the date of approval of the report.

You need to submit to Rostrud:

1. personally;
2. by mail by a valuable letter with a list of the contents and a delivery notification;
3. if there is a qualified electronic signature, then you can fill out the declaration directly on the Rostrud website.

Results of assessment of working conditions

The organization that carried out the assessment process documents the assessment results in the form of a report.

What to do based on the results of the SOUT

Fourth or third class: dangerous or harmful working conditions

What should an employer do?

Pay additional contributions to the Pension Fund

Maximum tariff - 8% of salary under hazardous conditions

What should an employer do?

Provide employees with guarantees and compensation

Representatives of the Ministry of Labor and social protection They promised that for now they will not fine companies that have not figured out how to conduct a special assessment of jobs, or did not manage to complete it by the deadline set. But GIT inspectors will pay great attention to the presence of SOUT. The department has already prepared an order allowing for unscheduled raids to check who has not completed the special assessment of working conditions. After the raid, inspectors have the right to issue an order to eliminate violations, and if nothing is done, organize an unscheduled inspection. In the future, violators may be held accountable.

But you can still avoid fines. We invite you to familiarize yourself with step-by-step instructions on how to organize SOUT for office workers.

Step 1. Publication of regulatory documents

How to conduct SOUT in an organization, and does everyone need it? gives a clear answer to this question. Almost all workplaces are subject to this procedure, with the exception of workplaces of homeworkers, remote workers, citizens working for religious organizations or individuals not registered as individual entrepreneurs.

After making a decision to begin the SOUT procedure - a special assessment of working conditions, you need to issue:

• order approving the commission on SOUT (the commission is headed by the employer, the total number of members must be odd);
• work schedule;
• list of jobs.

Step 2. Preparation of a draft contract

From 03/09/2019, Order of the Ministry of Labor of Russia dated 12/24/2018 No. 834n is in force. Appendix No. 1 to the document provides standard contract for the provision of services for conducting a special assessment of working conditions. The contract has 16 sections and 8 annexes, namely:

• terms of reference for the provision of services;
• implementation plan;
• certificate of acceptance of services provided;
• Act of reconciliation of accounts;
• order to conduct special assessment;
• information about the customer organization;
• list of workplaces subject to special safety regulations;
• a list of equipment, tools and devices used in workplaces subject to special safety standards, as well as the materials and raw materials used.

This is all necessary papers allowing to take into account the obligations of both parties, as well as the possible participation of third parties.

The documentation developed by officials can be used by all organizations without exception that plan to order services for conducting SOUT. However, for public and municipal sector enterprises such a standard contract and all annexes to it are mandatory. This is provided for by Federal Law No. 44-FZ dated 04/05/2013. They must use the documentation in the form that is approved. Other companies have the right to adjust the contract at their discretion, adding or deleting provisions. We offer to download a standard contract for the provision of services for carrying out SOUT for free with all the necessary attachments to it.

Standard contract

Step 3. Selecting an organization to conduct

You need to know not only how to conduct a special assessment of working conditions in an organization, but also how to choose an appraiser. When choosing a company to carry out special assessment work, it is important to check whether it has the authority for this type of work and whether it is registered in a special register. Only companies with a registration number have the right to conduct a special assessment.

On August 1, 2019, the Government approved and sent for approval to the State Duma amendments to Federal Law dated December 28, 2013 N 426-FZ, according to which, when concluding an agreement to conduct special assessments, appraisers will be obliged to:

• submit information about the planned special assessment to the information system immediately after concluding an agreement with the employer on its implementation (before the start of its implementation);
• link the moment the results of the special assessment come into force with the entry of information about it into the state information system.

• motivates the employer to complete the procedure for special assessment of working conditions;
• will ensure the filling of the state information system correct data on the results of the special assessment;
• will increase the responsibility of the employer and the assessment organization for the results provided.

An important issue is the timing of work and the possibility of quickly eliminating identified shortcomings. varies depending on the number of employees, the organization's industry, and its availability. When concluding a contract, companies conducting SOUT can help you draw up necessary documents: order, schedule, certificate of the number and presence of disabled people, etc., since such forms are mandatory for all companies starting to conduct a special assessment.

The number of jobs for SOUT is calculated based on the staffing arrangement. In this case, places with the same positions working in the same premises can be considered similar.

Step 4. Filling out the list of jobs

This operation can take a lot of time if the company employs a large number of employees. Absolutely all employees are included in the list. Whether their jobs will be recognized as similar will be decided by SOUT experts during the assessment. The list includes the following data:

• FULL NAME.;
• job title;
• SNILS (pension insurance certificate number);
• working hours in and outside the office;
• equipment used in the work.

The completed list is sent to the organization conducting the SOUT for preparation for measurements.

Step 5. Preparing for the procedure

The point of preparing for SOUT is to inform managers and workers about the upcoming procedure and provide access to all premises in which people work. Representatives of organizations conducting special assessments usually explain. In an office environment, the main indicator to be measured is lighting, so it makes sense to make sure there are no burnt-out lamps in the lamps and the presence of desk lamps in dimly lit offices. It is also worth taking care of the availability of documentation for the main tools of work of office employees - personal computers, because they are sources electromagnetic radiation which is harmful production factor(see 3.2.2.4 Appendix No. 1 to).

Step 6. Taking measurements

A representative of the special assessment commission should be present during the measurements. You need to have a printed list of jobs with you in order to mark the checked places and make notes about shortcomings.

What do SOUT experts pay attention to and take into account:

1. Ceiling height, number and power of overhead lighting fixtures.
2. The level of illumination on the desktop without taking into account natural light. To do this, close the blinds or take measurements at the very beginning of the working day or in the evening, when the sun no longer affects the readings.
3. The expert makes a sketch of the staff seating plan in the office, assigning a number to each workplace.

Illumination rate: 300 lux (lux) on the table surface excluding light from the table lamp. This indicator is specified in the hygiene standards of SanPiN. When the lighting is slightly less than this indicator, for example 260-280 lux, combined lighting is allowed, i.e. overhead and table lamp.

Often, representatives of the organization conducting the special assessment allow us to eliminate shortcomings in the measurement process: install lamps, add overhead lighting. This helps improve the results of job classes.

Step 7. Receiving a report from the implementing organization and its approval

After completing the measurements, the organization that carried out the SOUT prepares a report, which includes:

1. Information about the organization conducting SOUT.
2. List of jobs.
3. Protocols for assessing production factors.
4. Summary statement of SOUT.
5. List of measures to improve working conditions.
6. Expert opinion.

This list is standard. Even if no measures to improve working conditions are required, a document about this must be drawn up. The report is approved general director and all members of the special assessment commission.

The report is signed by all members of the commission and approved by the chairman. The report form was approved by Order of the Ministry of Labor dated January 24, 2014 No. 33n.

Step 8. Familiarization of employees with the results

This step is mandatory, and its completion period is 30 calendar days from the date of approval of the report. Each employee must sign the special assessment card and also sign additional agreement To employment contract about entering into it information on working conditions in the workplace. That is, it is necessary to supplement the text of the contract with the phrase: “working conditions at the employee’s workplace are acceptable (class 2)” or “comply with state regulatory requirements.” The law does not provide a clear formulation; what is important is the fact that the results of the event are included.

Step 9. Posting information

Data placement includes the following steps:

1. Notification of the implementing organization within three days from the date of approval of the report.
2. Notify the labor inspectorate within 30 days by filing.
3. Posting summary information about SOUT on your company’s website.

Fines

Each of the above actions is mandatory; failure to perform any of them or violation of deadlines is punishable by fines. For officials, fines reach 10,000 rubles, for legal entities - 80,000 rubles. Each of the actions must be confirmed, for example, notification to the executing organization - by notification of delivery of the letter, GIT - by the signature of its representative. The most efficient way seems to be courier delivery to the labor inspectorate, so you will be sure that your declaration is registered.

On your company’s website (if you have one), you need to place the entire “Summary Data” document in scanned form with the signatures of the commission members.

Despite the multi-step nature of this procedure, it is not difficult to conduct a special labor assessment, since the performing companies provide documentary support and accompany the process at all stages of the work.

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