Similar workplace. How to identify similar workplaces when conducting a special assessment of working conditions? Legal address of the company - residential apartment

Labor (SOUT - Special Assessment - ed.) are trying to adjust the existing staffing table, hiding the real number of employees in order to save money. They merge one position with another, reduce the number of jobs, and eliminate “undesirable” positions. As a result: information submitted inaccurately is incorrect. If inaccuracies are identified in special assessment documents during inspections by the state labor inspector, the employer will first of all be held administratively liable, since incorrect information can cost people their lives and health. You can, of course, ask a question, but her cause is just: the number of jobs they announced was what they checked. And in case of those who are especially dissatisfied: “Here is a copy of the certified staffing table signed by the manager and the seal of the organization, what other claims could there be?”

There is no point in hiding or changing the list of employees. Moreover, if you find similar jobs, you can also do a good job without violating legal requirements. What are these places and how to identify them among the available jobs?

Places are named where workers have the same positions, professions, specialties, and perform typical job functions on identical equipment, using the same tools, and they are all located in one or more identical work areas that have the same type of heating, ventilation, air conditioning and lighting systems. The definition of analogy is a little difficult to perceive, isn’t it? To make it easier to understand, we will explain everything visually in the form of examples with their solutions.

Example #1: There are 7 employees in the office, represented by a chief accountant, a leading accountant, and 5 sales managers. What jobs will be subject to analogy?

Solution: The positions of only five managers will be similar, since these specialists have the same wording of positions and perform the same functions.

Example #2: There are 2 welders in two workshops. How to determine which jobs are similar?

Solution: If the working areas in the workshops are the same in structure, then all 4 welding workplaces will be considered similar.

For your information, Despite the fact that welders do not have a strictly assigned workplace and move from site to site during the working day, a special assessment is mandatory for them. Such places are called workplaces with territorially changing zones.

Example #3: The organization employs 5 drivers. Three work on Chevrolet cars manufactured in 2011 (fuel type used is AI-92), the fourth works on Nissan cars produced in 2013 (fuel type AI-95), and the fifth works on Renault (fuel type AI-92). Which and how many jobs will be assessed?

Solution: Based on the fact that the driver’s workplace is a motor vehicle, the workplaces of workers who work on Chevrolet cars will be similar, because year of manufacture, brand, fuel type Vehicle are the same.

We have identified similar places, now we must answer the question of. Thanks to this, we will reveal the “highlight” of the process - cost savings due to analogy. The Federal Law on SOUT No. 426-FZ contains a calculation formula for determining similarity: 20% of jobs from the total number of such places, but not less than 2, are subject to assessment. Let's apply the formula to drivers: multiply 3 by 20%, we get 0.6. Despite this, two jobs will be evaluated, because there is an established minimum, with the help of which it is possible to determine the identity of working conditions. If differences are determined during the assessment of 2 workplaces, then the principle of analogy will be canceled and all 100% of workplaces will be assessed.

Shift work also plays an important role in the analogy. Due to this, you can reduce the number of jobs by half.

Example #4: Bottling line operators medicines, there are a total of 12 people on staff, they work in two shifts: from 8.00 to 15.00, from 15.00 to 21.00. There are 6 people per shift. How many jobs are subject to assessment?

Solution: Let's think logically - line operators perform the same duties, the maximum that distinguishes them is their location on the line. They can be classified as similar. But it turns out that the remaining 6 employees replace each other and, in fact, the jobs do not change at the same time. Therefore, the analogy can be calculated only from 6 jobs, we calculate it using the formula, we get the answer - 2 jobs.

If shifts in the work of line operators are not taken into account, 3 jobs will be subject to assessment. This is what can be identified during the special assessment process, and only at first glance it seems that it is difficult to determine what and how to attribute workplace. It is enough to examine the requirements of the law in detail.

If you have any questions, you can send them by email.

When determining the hazard class of workplaces, a complete or selective assessment can be carried out. In the latter case, similar workplaces are analyzed. A special assessment of working conditions usually occurs in situations with a large number of full-time employees of the same type. This allows you to speed up the SOUT (special assessment) procedure and reduce the costs of implementing such assessment activities.

Key Features

There is a definition in the law special assessment working conditions of similar jobs. This is part 6 of Art. 9 of the relevant Law of December 28, 2013 No. 426-FZ.

As a result, a special assessment of the working conditions of similar workplaces is when, at the stage of preparation for the special assessment, they can be classified according to similar characteristics: each formed category of objects will consist of similar places labor of hired personnel.

Law No. 426-FZ identifies a list of criteria by which jobs are combined into a group of similar ones. It is when:

• workplaces are located on one production facility, in one or more similar premises;
• working conditions are identical or almost identical;
• personnel, when performing their work functions, use the same type of equipment; air conditioning, ventilation, heating and lighting systems have similar characteristics;
• specialists with the same job descriptions, their qualification levels, positions, professional skills coincide;
• the work process at different objects that are supposed to be combined proceeds in the same way;
• when completing tasks hired personnel uses tools and protective equipment with the same technical characteristics.

As explained in the explanations about the special assessment of working conditions at similar workplaces, if no similarities are identified across the entire set of characteristics, places of work cannot be combined for the purposes of the special assessment. That is, only the continuous method is suitable.

Responsibility for identifying jobs of the same type and dividing them into groups rests with the commission for preparation for SOUT. This collegial body is created by the head of the enterprise. One of the functions of the commission is to compile a complete list of jobs that the company has, collect information about vacant positions and other excluded work places.

If there are many similar places in the enterprise, you need to focus on the minimum coverage limit for checking workplaces. The assessment must be carried out on 20% of the jobs found to be the same. In absolute terms, the minimum coverage threshold is set to 2 work objects.

Based on the results of a special assessment of the working conditions of similar workplaces, the management order consolidates the overall picture - the SOUT map. The same recommendations are made for all combined facilities to improve the level of safety and work comfort.

Examples of errors when grouping jobs

At the preliminary stage, the employer draws up an approximate cost estimate for the special assessment. When calculating the required financial investments During this event, all businesses strive to save money. This, of course, is possible if similar jobs are combined: a special assessment of working conditions will then be carried out in relation to a smaller number of objects (by reducing the amount of work of experts, the cost of their services is reduced).

In the process of identifying similar places of work, gross errors may be made that distort the calculations. For example:

A special assessment of working conditions (SOUT) today acts as a kind of core of the entire existing labor protection system.

SOUTH and labor protection

Occupational safety (OHS)- a system for preserving the life and health of people during their work activities.

OSH tasks lie within the area of ​​responsibility of the administrative apparatus of the company, whatever its industry affiliation, form of ownership and scale of business.

From a legislative perspective, occupational safety regulation involves:

• formation general norms Occupational safety, safety and industrial hygiene regulations;
• implementation of preventive actions to prevent workers from getting injured at work and the occurrence of occupational diseases;
• maintaining normal working conditions in production, implementing a set of measures to protect it, necessary for the normal performance by personnel of their duties labor functions;
• providing certain categories of personnel with lower working capacity (due to gender, age, various circumstances) with expanded legal guarantees for occupational safety;
• public and state control of the area under consideration.

The most important role in the OT system is assigned to the SOUTH system.

Special assessment of working conditions (SOUT) is a comprehensive set of step-by-step measures to identify harmful and/or dangerous production factors and assessing the degree of their influence on the employee, taking into account the deviation of the observed values ​​from the normative ones.

The results of the special assessment are applicable for various purposes:

• they influence the calculation of insurance premiums to extra-budgetary funds;
• the employer takes them into account when determining guarantees and compensation provided to employees;
• they are required for proper planning and implementation of various occupational safety measures (medical examinations, acquisition of personal protective equipment).

Federal Law “On special assessment of working conditions”

The previously existing certification of workplaces based on working conditions was replaced by a special assessment, which is a much more progressive technology, closer to world practice.

On January 1, 2014, the Federal Law of December 28, 2013 No. 426-FZ “On the special assessment of working conditions” (hereinafter referred to as the Law) came into force. It regulates the procedure for conducting a special assessment, defines the requirements for organizations and specialists conducting it, and formulates the criteria for determining classes of working conditions in the workplace and levels of profrisk.

Having entered into force, the Law launched an updated mechanics for the formation of a package of guarantees and compensation for “harmful people” and a modified algorithm for calculating contributions to the Pension Fund and the Social Insurance Fund.

The main difference between the special assessment of working conditions and the previous model is the rejection of the “list” principle of providing guarantees and compensation to personnel in “harmful” industries in favor of taking into account the actual influence of various negative factors on the body of each employee.

Among the most important advantages of special assessments over certification, experts note a reduction in the burden on employers with normal working conditions: they no longer need regular expensive certifications and deductions of insurance premiums for workers employed in favorable conditions. In relation to owners of “harmful” jobs, on the contrary, there has been a tightening of requirements and increased control, which should ultimately serve as motivators for a general improvement in working conditions and a maximum reduction in the proportion of jobs with an unfavorable production environment.

For whom is SOUT required?

Conducting a special assessment is the responsibility of all employers, and the process should cover the workplaces of all employees except those employed at home, remotely, as well as those who have signed an employment contract with citizen employers without individual entrepreneur status.

Valid for a limited list of jobs special conditions: SOUT for them should be carried out taking into account the regulatory framework in the field of municipal and civil service, legislation on state secrets.

Special assessment of working conditions and similar jobs

When an enterprise has many identical workplaces, it is irrational to carry out SAW on them on a continuous basis. Such places recognize similar, only 20% of their total number (but at least two) are subject to a special assessment, and the final results are broadcast to the entire set of places under consideration.

According to the Law, only those jobs that have all of the following characteristics at once can be recognized as similar:

• some professional and job titles;
• equal responsibilities of performers when conducting the same type of technical process in the same mode;
• use of the same type of means and objects of labor;
• work in a common/several similar premises;
• use of the same type of engineering systems;
• identical organization of workplaces and the availability of protective equipment.

The identification of at least one workplace from those previously recognized as similar that does not meet all the conditions of similarity entails a special assessment of the entire set of places considered similar until that moment.

Rights and obligations of participants in labor relations during a special assessment of working conditions

The employer has the right:

• organize a special assessment outside the plan;
• contact the company conducting the SOUT with a request to provide documents on its compliance with the established criteria, as well as to justify the results of the procedure;
• apply for an appeal against the actions of the company executing the SOUT.

The main responsibilities of the employer:

• providing conditions for the implementation of SOUT;
• preparation and transfer of requested documentation to the organization conducting the special assessment;
• familiarizing the employee with the final results in writing;
• carrying out explanatory work with the workforce on SAW issues;
• improvement of working conditions.

The employee has the right to personally take part in the process of special assessment of working conditions, request clarification from the employer regarding the course of this procedure, and also apply to appeal its results.

It is the employee’s responsibility to familiarize himself with the results of the SOUT.

What is the relationship between insurance premiums and special assessment of working conditions?

The results of the SOUT directly affect the amount of insurance premiums to the Pension Fund of the Russian Federation at the additional rate for “pests”.

Let us remind you that in Russia there are “harmful” lists:

1. workers engaged in underground work and others characterized by particularly harmful/difficult working conditions;
2. employed in harmful and difficult conditions.

The Federal Law “On Special Assessment of Working Conditions” set in motion a mechanism for correlating the rate of contributions and working conditions: the more favorable the conditions, the “cheaper” the rate; and vice versa - the worse the production situation, the higher the percentage of deductions. When conditions are safe, there is no talk of an additional tariff at all; safety must be confirmed by the SOUT.

IN modern conditions It becomes extremely unprofitable for employers to have “harmful” jobs: the existing burden in the form of additional contributions will increase in the future (increases in tariffs are planned for 2015-2016). In improving conditions, on the contrary, there is a material interest: if the SOUT shows an improvement in working conditions, the amount of contributions for additional tariffs will decrease.

Working conditions according to the criterion of harmfulness and danger are ranked into four classes:

1. optimal,
2. acceptable,
3. harmful (there are four subclasses),
4. dangerous.

Based on the established class/subclass of working conditions, calculate the amount of additional insurance premium: For harmful conditions it lies in the range of 2-7%, for dangerous ones it is equal to 8%.

The law allows you to optimize the costs of SOUT, taking into account the results of studies conducted during the process of production control.

When no harmful/dangerous factors are identified at workplaces, a declaration of compliance of conditions with state standards is carried out in relation to these places. Working conditions are considered acceptable, the completed declaration is valid for five years; If during this time there are no accidents or occupational diseases, the period will be automatically extended.

Who conducts the special assessment?

SOUT is carried out by an organization that meets several requirements:

• in its charter, conducting a special assessment is indicated as the main/one of the types of activities;
• at least five company experts collaborating with it on employment contract, have a certificate for the right to conduct special assessments, and at least one of them is a certified doctor in general hygiene, occupational hygiene or sanitary-hygienic laboratory tests;
• the structure of the organization includes an accredited testing laboratory, the scope of accreditation of which is conducting research and measuring harmful/hazardous factors in the production environment and the labor process.

Sequence of special assessment of working conditions

1. Having concluded an agreement with the selected specialized organization, the employer forms a commission to conduct special assessment work and approves the schedule for implementing the process of special assessment of jobs. A commission created from representatives of the employer must have an odd number of members; it includes an occupational safety specialist, and if there is a trade union in the company, its representatives.

There are features of the formation of a commission by an employer who is a small business entity. In this case, it includes: itself self employed, the head of the company, an occupational safety specialist or a person hired to perform this function under a civil contract, members of the representative body of employees (when one exists).

2. On at this stage the commission approves a pre-prepared list of jobs (including similar ones) for which the SOUT procedure will be carried out. The list is compiled by the company executing the SOUT, and usually the work on forming the list is completed before the contract is signed.

3. An expert from the performing company identifies harmful/dangerous factors in the workplace, the results are approved by the commission. In most cases, these factors are identified at the stage of pre-contractual work and are already included in a general list in the document.

4. If harmful/dangerous factors are not identified, the commission recognizes the working conditions at this workplace as acceptable; no further research is required. A declaration of compliance of working conditions with current standards is drawn up and submitted to the relevant authorized executive body.

When harmful/dangerous factors are identified, the commission makes a decision to conduct their research in the manner specified by the Law.

5. The company performing the special assessment analyzes workplaces, requests information about compensation and benefits provided to personnel, medical examinations, provision of personal protective equipment, etc.

6. Levels are measured and assessed harmful factors. The stage is significantly delayed in time if instrumental measurements of parameters are needed at different times of the year.

7. A report on the results of the SOUT is generated, including:

• information about the performing organization;
• a list of workplaces that were subject to special assessment, and the harmful/dangerous factors identified in them;
• SOUT forms with information about the class/subclass of working conditions at various workplaces;
• protocols for carrying out research, analyzing the effectiveness of PPE;
• protocol of the commission with the decision on the impossibility of conducting research due to its danger - if such a situation occurs;
• consolidated statement SOUT;
• recommendations for improving working conditions at the studied sites;
• conclusions of an expert from the SOUT executing company.

8. The report is signed by the commission members, after which it is approved by the chairman. If one of the members disagrees with the above, he has the right to formulate his position in writing, this material will be attached to the report.

After adding (when necessary) clarifying information, the data is entered into a special information system accounting.

SOUT is out of plan

A special assessment may become unscheduled. The employer is required to carry out the procedure if:

• newly created jobs begin to be exploited;
• an order has been received from the labor inspectorate;
• the technical process has undergone changes, equipment has been replaced;
• there was a transition to other raw materials;
• the PPE used has changed;
• there was an accident (excluding incidents in which third parties were to blame) or an occupational disease caused by “harmfulness” was diagnosed;
• a proposal was received from the trade union cell (any other body representing the interests of employees) for an extraordinary special labor assessment with a detailed justification for its necessity.

What are the consequences of not conducting a specific assessment of working conditions?

Domestic legislation establishes the employer's liability for violations related to the labor safety standards, including failure to conduct a special assessment. The corresponding provisions have been included in the Code of Administrative Offenses of the Russian Federation.

Since the beginning of 2015, Art. 5.27.1 Code of Administrative Offenses of the Russian Federation, containing information on the amount of fines imposed. Their range is as follows:

• 5-10 thousand rubles. for officials and individual entrepreneurs;
• 60-80 thousand rubles. for organizations.

Revealing an offense a second time may result in more serious sanctions: a fine for legal entity will be calculated in the amount of 100-200 thousand rubles. or possible suspension of its work for a period of up to 90 days.

For officials who have not complied with the relevant order, or who have fulfilled it improperly or in violation of the deadlines, a fine (30-50 thousand rubles) or disqualification for 1-3 years is provided.

Thus, there is no point in avoiding carrying out a special assessment or postponing it to the distant future: the risks arising in this case are quite large. It is more advisable not to wait for claims to be received from inspection bodies and to quickly carry out this event on your own initiative.

SOUT price in 2019: average cost of assessing one workplace in Moscow and the regions

Determining the cost of a special assessment of working conditions in most cases should be carried out on an individual basis. The price of SOUT a priori cannot be the same for different organizations, since its value is significantly influenced by the whole complex factors:

• quantity structural divisions Customer, their territorial location (remoteness);
• the total number of jobs subject to a special assessment of working conditions (the larger the declared volume, the lower the cost will be);
• complexity and diversity production processes, which ultimately determine specific features specific jobs;
• volume and quality requirements for laboratory tests, the conduct of which is necessary for a correct expert assessment within the framework of the Special Assessment System;
• the number and complexity of special equipment required;
• stated deadlines for completing the work.

Important: if the enterprise has a large proportion of similar jobs, the overall SOUT budget will be significantly reduced, since only every fifth of such jobs is subject to assessment.

Analysis price offer On the market professional services on conducting special assessments in Moscow and the regions shows that the cost of special assessments for large government organizations approximately twice the market average. The observed price difference is greatly influenced by the factor of the so-called “state brand”, the justification for using which now in the context of changed legislation, which imposes equally stringent requirements on all companies carrying out work on SOUT, regardless of their scale and form of ownership, is becoming quite controversial issue.

According to our own data, the cost of SOUT services in Moscow and the regions declared by non-state companies today is almost at the same level and falls within the following ranges:

• in office and educational institutions: 200 (>500 r.m.) - 700 (<10 р.м.) руб.
• in medical institutions: 400 (>500 rub.) - 900 (<10 р.м.) руб.
• in transport and energy: 450 (>500 rub.) - 1250 (<10 р.м.) руб.
• in local production: 500 (>500 rub.) - 1300 (<10 р.м.) руб.
• in the chemical industry: 600 (>500 rub.) - 1550 (<10 р.м.) руб.

Order a special assessment of working conditions

If you want to order (find out the cost) SOUT for your organization or, after reading the presented material, you have additional questions about the special assessment, you can contact our company.

Labor (SOUT - Special Assessment - ed.) are trying to adjust the existing staffing table, hiding the real number of employees in order to save money. They merge one position with another, reduce the number of jobs, and eliminate “undesirable” positions. As a result: falsely submitted information is incorrect SOUT results. If inaccuracies are identified in special assessment documents during inspections by the state labor inspector, the employer will first of all be held administratively liable, since incorrect information can cost people their lives and health. You can, of course, ask a question to the organization conducting the SOUT, but its cause is just: the number of jobs they declared was what they checked. And in case of those who are especially dissatisfied: “Here is a copy of the certified staffing table signed by the manager and the seal of the organization, what other claims could there be?”

There is no point in hiding or changing the list of employees. Moreover, if you find similar jobs, you can also save a lot of money on SOUT without violating legal requirements. What are these places and how to identify them among the available jobs?

It was as objective as possible; every employer should have a list of similar jobs. The criteria for evaluating similar places are stated in Federal Law No. 426 of 2013.

Similar jobs: counting rules

The main condition under which workplaces can be recognized as similar is their location in the same type of room. This means not only footage, but also engineering and technical components.

These include:

• nature of ventilation;
• heating system option;
• the presence of the same air conditioning system;
• type and intensity.

When assessing workplaces, the natural light factor is not taken into account. Microclimate is measured by assessing the efficiency of equipment that produces cold or heat in a room.

As for potentially harmful factors, they are excluded from the criteria of similarity even if the degree of their harmfulness is the same. The same placement of equipment or vehicles in the workplace is also not taken into account. They do not define the principle of analogy.

What is more relevant is whether these points are intended for employees of the same specialty or those in one position. At the same time, their job responsibilities and work schedule must completely coincide.

It is also important that in order to solve any professional problem, the same working regime is drawn up for employees. That is, work at these places must be carried out according to the same algorithm.

At the same time, during the work shift, personnel must use identical:

• raw materials;
• equipment;
• tools.

If staying at a given workplace must be accompanied by any personal protective equipment, then it must be completely identical.

Thus, several jobs can be combined according to the above criteria into one category. However, during the special assessment procedure, the commission may discover one or more inconsistencies. In this case, similar jobs can no longer be recognized as such during a special assessment of working conditions.

Even before the start of the assessment procedure in production, a commission is created whose responsibilities are to approve the list of jobs subject to special assessment standards.

Management should keep in mind that when forming the exact number of jobs, the assessment of working conditions may extend to 20% of the total number. In this case, this list must contain at least two items.

The practical application of the assessment is that, based on the findings, a list of responsibilities is formed for management aimed at optimizing the working conditions of personnel.

How to count similar jobs with SOUT: typical mistakes

In order for the costs of a set of SOUT measures to be justified, the employer must take into account all the nuances.

A typical error when calculating is recognizing the sign of analogy based on the equipment used. For example, in one room there are workplaces for two sales floor managers and a general manager.

At the same time, everyone has at their disposal a laptop of the same year and the same brand for work. The lighting option and heating type in the room are the same. Air circulation is ensured by a central ventilation system.

It would seem that there are all the signs for recognizing the similarity of jobs. However, this would be a mistake, since the technological process itself will be different for the listed personalities.

Another indicative mistake is the situation in the fleet, taking into account the jobs of drivers. It is known that in this case the cabin of a vehicle owned by the organization is considered as a workplace.

If three Gazelle minibuses and one PAZ bus go on the route every day, a common mistake is to use the analogy attribute for 4 jobs. This is incorrect because the brands of buses are different.

Moreover, in order for the sign of similarity to be used in relation to three Gazelles, it will be necessary to make a request to the manufacturer for the year of manufacture and brand of fuel. This is explained by the fact that based on the results of the inspection of similar workplaces, the SOUT creates one special assessment sheet. Including recommendations for improving the workplace. And if the brands of fuel used are not the same and the category of the vehicle is different, then there can be no talk of any analogy.

In the same way, one list will indicate two jobs for a pediatrician, therapist and nurse, despite the fact that the specialists perform their duties in the same office and use the same equipment.

The principle of analogy in this case cannot be used despite the fact that the work schedule of the doctor and nurse is identical. The number of measurements may be the same. But the discrepancy between functional responsibilities excludes the possibility of applying the principle of similarity.

When the work of the assessment commission ends, a protocol must be drawn up that clearly records the results of identification or non-identification.

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