Based on the results of a special assessment of working conditions. Special assessment of working conditions: rules and consequences. Special Assessment Commission

In accordance with the legislation of the Russian Federation, Russian employers have an obligation to conduct a special assessment of jobs. What are the features of this procedure? In what time frame is it carried out and what stages can it consist of?

Special assessment or certification?

Before studying what a special assessment of working conditions is, let’s consider how this term differs from the concept of “certification”. The fact is that they are often considered synonyms. How legal is this?

In fact, a special assessment of working conditions is a procedure that was introduced by the legislation of the Russian Federation instead of the previously existing certification. What does it mean? Special assessment is in many ways former certification. From the point of view of basic procedures, they are indeed very similar, but in terms of purpose they are close.

The certification existed until 2014. It was later replaced by a special assessment. However, until 2014, the concept of special assessment was also present in the legislation of the Russian Federation. It corresponded to the procedure for assessing working conditions, which should have been carried out in order to exempt the organization from additional transfers to the Pension Fund.

In 2014, the rules of law governing the certification and assessment of labor were actually combined and enshrined in a separate regulatory act. As a result, in the legal field of the Russian Federation the term “special assessment of working conditions” is now used, which largely combines the features of the previously existing certification.

In this sense, in a number of contexts, the concepts in question can be considered as synonymous, but not completely identical. Among the legal aspects that bring them together is the provision of the law, according to which a company that carried out certification before the special assessment laws came into force may not carry out a new procedure for 5 years from the moment the first one was carried out.

Let us consider the essence of special assessment in the modern sense in more detail.

What is a special assessment for working conditions?

Under in modern normative legal acts refers to a set of measures through which production factors are identified that are classified as harmful or dangerous from the point of view of their impact on the body of an enterprise employee.

A special assessment of working conditions should be carried out at all types of workplaces - including those equipped with conventional computers and devices. It may be noted that previously, when certification was carried out, such positions were not subject to analysis for the presence of dangerous or harmful factors.

Based on the results of a special assessment, it receives one or another class of danger or harmfulness - in accordance with the criteria established at the level of federal standards. Depending on the corresponding indicator, the amount of additional employer contributions to the Pension Fund is determined.

If a special assessment of working conditions does not reveal harmful or hazardous factors, then the employing company must notify the regulatory body - Rostrud - about this. It may be noted that previously, when certification was in effect, such a declaration was not required to be sent to government departments.

The employing company is obliged to conduct a special assessment of working conditions in relation to all available workplaces, except for those classified as remote - that is, those located at the home of employees working remotely. In addition, there is no need to carry out this procedure for individuals who act as employers, but are not individual entrepreneurs.

Subjects of special assessment

The Law on Special Assessment of Working Conditions determines the list of its subjects consisting of:

The head of the employing company;

Commission for the implementation of special assessments;

A partner organization that carries out basic procedures within the framework of assessing working conditions in a company that is an employer.

The greatest degree of responsibility for the quality of performance special assessment based on the provisions of regulatory legal acts, it is entrusted to the commission, which is formed by the employing company, as well as to representatives of the partner organization, which carries out the main actions within the framework of the procedure under consideration.

Stages of special assessment

The legislation also defines a number of stages within the framework of a special assessment of working conditions:

Preparatory, under which the company enters into a contract with an organization that performs the main work of studying working conditions,

Identification, which involves the execution by an external contractor with the appropriate status of his actions, which consist of assessment and specific work positions,

Reporting, which involves the formation of special documents based on the results of a special assessment of working conditions.

Let us consider in more detail how the procedure in question is carried out. Among its most important stages in preparation is the establishment of legal relations with a company that is a provider of services for identifying harmful and dangerous factors in production.

Preparation for a special assessment: contract with a specialized company

A special assessment of working conditions thus presupposes that the employing organization seeks help from a competent organization. It is necessary to conclude an agreement with her. How much can a special assessment of working conditions cost in this case? The cost of the contract is determined on a contractual basis based on:

The total number of jobs in the company;

For companies providing special assessment services for employers, the legislator establishes special requirements. Thus, the fact that a company identifies harmful working conditions, as well as various hazardous production factors, should be reflected in the list of its main activities, which is recorded in state registers. This organization must have at least 5 competent specialists on staff. Moreover, one of them, or better yet, if more, has a diploma of education in such specialties as a doctor in hygiene or sanitary and hygienic research. In addition, the organization that conducts a special assessment for employers must have its own laboratory in which harmful customers will be examined.

After the employing company has established a legal relationship with a competent company prepared to conduct a special assessment, a special order is issued to form a commission that will organize the event in question and approve its schedule. Let us consider in more detail the tasks that this internal corporate structure solves.

Preparing for a special assessment: commission

The composition of the commission in question should include:

The head of the employing company, his proxies - most often these are the heads of the company’s structural divisions, lawyers;

The person responsible for resolving labor safety issues;

Trade union representative - if the company’s employees are members of it;

Representatives of the company that conducts the special assessment.

The total number of members of the commission ensuring the special assessment must be odd. It is worth noting that, according to some experts, representatives of the company that carries out the main actions under the contract within the framework of a special assessment of working conditions should not be considered as related to the commission in question.

One of the key tasks of an enterprise when forming the internal corporate structure under consideration is the selection of competent candidates from among full-time employees. The main document that determines the list of commission members is the order issued by the head of the company. A special assessment of working conditions is considered an official procedure, the implementation of which must be correctly recorded in local regulations. The corresponding order sets out the procedure for the activities of the commission in question. As a rule, this document gives the internal corporate structure in question a wide range of powers. Among these is the adoption of local standards related to the special assessment of working conditions.

The first most important task of the special assessment commission is to formulate a list of internal corporate workplaces at which harmful or dangerous factors should be identified. This list is subsequently transferred to the organization with which a contract has been concluded for the provision of special assessment services. The next key stage of the procedure under consideration is identification. Let's study its features.

Identification stage of special assessment

On at this stage A special assessment of working conditions thus involves the identification of harmful or dangerous factors within the workplace. This procedure includes a comparison of the conditions of the production environment in the company, as well as the characteristics of the labor process with those factors that are reflected at the level of federal standards. The way in which factors are identified is also enshrined in certain sources of law, and participants in the special assessment are required to follow the provisions that are reflected in them.

The main role in the procedure under consideration is played by a representative of the organization with which the employing company has entered into a contract to conduct a special assessment of workplaces. How competently he carries out his work determines the efficiency and reliability of the results of the special assessment.

It is worth noting that identification is not carried out in relation to a number of jobs - their list is determined by separate provisions of the law. For example, these include those workplaces where employees receive compensation for harmful or dangerous working conditions.

A representative of the organization that conducts the special assessment may request from the employing company various information that relates to data on production control. Based on the results of the identification stage of the special assessment, a conclusion is drawn up from the company with which a contract has been signed for the implementation of the procedure in question.

Results of the special assessment

Let us consider in more detail how the results of the procedure in question are recorded. After the experts of the competent organization carry out their work within the framework of the identification stage, the working conditions in the company can be classified as harmful or dangerous and assigned the appropriate category. If such factors are not identified, then the employer must draw up a declaration that the working conditions in the company comply with the standards established by law. It will be valid for 5 years. It may be noted that there is an extension mechanism given period- if no incidents occurred at the workplaces where the special assessment was carried out.

A declaration indicating that a special assessment of conditions did not reveal harmful or dangerous factors must be sent to the territorial division of Rostrud, whose jurisdiction is the territory in which the employing company operates. To do this, you need to use the prescribed form.

Based on the results of the special assessment, other accounting documents— both the partner organization and the commission may be responsible for this. the main task participants of the special assessment - to record its results in all available completeness and indicating reliable indicators.

Dates of the event

How often should a special assessment of working conditions be carried out? The timing of this procedure is determined at the level federal legislation. In general, it should be carried out at least once every 5 years for a specific group of jobs. If the company has a valid certification, but has not undergone a special assessment, then the second procedure should be initiated immediately after the document confirming the certification expires.

If new jobs appear in the company, then an assessment of working conditions in them must be carried out immediately after their introduction into production processes. Such workplaces include, as we noted above, even those that generally do not involve the presence of harmful or dangerous actors. Thus, a special assessment of working conditions office workers carried out on the same grounds as in the case of research at industrial enterprises.

Special assessment and insurance premiums

As we noted above, depending on the results of the procedure under consideration, the amount of insurance contributions of the enterprise to the Pension Fund is determined. In total, 4 hazard classes are defined in the workplace. The higher it is, the more noticeable the payment burden on the company will be. Specific rates for contributions to the Pension Fund are established at the level of federal regulations.

In particular, if a special assessment of working conditions showed that workplaces are identified as dangerous, then the employer will need to pay an additional contribution of 8% to the Pension Fund. If the relevant factors are classified as harmful, their subclass matters. There is a minimum, and it involves paying additional contributions to the Pension Fund in the amount of 2%. There is a maximum - in accordance with it, the payment burden is 2%.

If a special assessment makes it possible to classify workplaces as those at which the level of danger or harmfulness is acceptable or optimal, then the company does not pay additional contributions to the Pension Fund.

Sanctions for failure to carry out special assessments

What happens if a company forgets to conduct a special assessment of working conditions or deliberately avoids conducting it? In this case, Russian legislation defines a number of sanctions measures, which are enshrined in Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. In accordance with the provisions of this source of law, a company may be warned in case of failure to carry out a special assessment or fined.

So, if a person runs a business with the status of an individual entrepreneur, then he can be fined for ignoring the procedure in question in the amount of 5-10 thousand rubles. An organization can receive a penalty in the amount of 60-80 thousand rubles.

Summary

So, we examined the essence of such a procedure as a special assessment of working conditions and the timing of this event. In accordance with the legislation of the Russian Federation, this special assessment must be carried out by all employer firms with office or production workplaces. The main thing is to determine the class of danger or harmfulness for them, which will affect additional contributions to the Pension Fund.

To do this, you need to seek help from an external provider of job assessment services in the company. The relevant organization must have the necessary competence. Its specialists must use an effective methodology. A special assessment of working conditions is a responsible procedure and should be carried out by experienced experts.

Special assessment of workplaces is close to certification. In a number of legal relations legal status it replaces it: for example, if a company underwent certification before 2014, then within 5 years from the date of its implementation, a special assessment is not required in the company. The exception is the creation of new jobs in the company.

According to the legislator, a special assessment replaces certification and also supplements it with legal features that characterized the assessment of working conditions, which was previously used as a separate procedure.

If a special assessment is not carried out, then penalties may be imposed on the employing company. They may be higher than the costs of carrying out a procedure such as a special assessment of working conditions. Prices for it, of course, can be quite significant for the company’s budget. But possible savings due to the absence of fines, as well as a reduction in contributions to the Pension Fund, may be a more important argument.

In principle, it is quite possible for the management of a company to find a lucrative contract for carrying out such a procedure as a special assessment of working conditions. Moscow and other large cities are fairly highly competitive markets in the segments in which the services in question are provided, so many firms are ready to become partners with employers at prices acceptable to both parties to the legal relationship.

A special assessment of working conditions in all organizations must be completed by December 31, 2018. The company's expenses for the next five years depend on its results. We will tell you in the article who should carry out SOUT and how to do it correctly.

Read in the article:

Who is obliged to conduct a special assessment of working conditions?

The SOUT procedure is regulated by Law of the Russian Federation No. 426-FZ and is a mandatory measure to survey actual working conditions for each employer, regardless of ownership and type economic activity. The exception is the workplace of municipal and government employees, but the rest of the personnel serving their needs is also subject to special assessment. Thus, every employer in the Russian Federation must carry out SOUT.

A special workplace assessment is carried out by the employer once every 5 years. The purpose of this measure for the state as a whole is to reduce the compensatory burden from budget funds and reduce the number of preferential pensioners on lists No. 1 and No. 2. For the appointment of an insurance pension there must be a legal justification, in accordance with Article 30 of Law of the Russian Federation No. 400-FZ, and this justification is special assessment of working conditions. Therefore, the employer is obliged to prove the need or lack of need to pay an additional tariff for contributions to the Russian Pension Fund.

It is the employer's responsibility to reasonably declare jobs. The declared jobs are a sign that for ten years there is no need to return to the issue of assessing the working conditions of workers.

The commission should include labor protection specialists, personnel department employees, and chief specialists of the enterprise - technologists, engineers, lawyers, economists, and labor standards engineers. Members of the commission must have all the information on production and technological processes, the effectiveness of the tools used and personal and collective protective equipment, and know the principles of measuring production environment factors. It is optimal for members to undergo preliminary training in conducting SOUT at a training center.

The cost of such training is not high, but the knowledge gained during this short-term course will be repaid by the correct selection of the organization conducting the SOUT and experts. During the course, members of the commission will update their knowledge on the criteria for classifying workplaces as similar, which will not allow the expert organization to abuse its powers and unjustifiably inflate the cost of assessment by one workplace.

Responsible for carrying out special safety and health conditions in the organization is a labor protection specialist (if there is an occupational safety service, its head), as well as the chairman and members of the commission. Conducting a special assessment is a joint task of the HR service and the OT service, so they will have to work closely. The formation of a base for carrying out SOUT is carried out on the basis of the staffing table. The labor protection service must provide methodological support to the commission in the areas subject to assessment, excluding vacant jobs, remote and home-based positions from this list.

note

It would be useful to hold a meeting of the workforce, at which it should be explained why the special assessment is being carried out, what benefits it brings, and what harm can be caused to the organization if the expert uses unreliable data, including from employees.

If the expert initiates measurements of working time, it is necessary to show the labor process as it actually happens, without bending in one direction or another. To do this, it is necessary that, even before the start of the special assessment, an analysis of the time spent on performing technological operations in potentially harmful and dangerous workplaces should be carried out.

The safety specialist should always know where the most dangerous areas of work are. Therefore, even before the expert comes to the enterprise, it is necessary to conduct an analysis of labor costs in the form of timing of working hours for seven shifts for the following professions:

• gas cutter;
• electric and gas welder;
• Excavator driver;
• loader;
• loader driver;
• electromechanic, electrician;
• storekeeper;
• operator 1C;
• milling machine operator, turner;
• slinger;
• Cable solder.

It is important for an occupational safety specialist to build a constructive dialogue with an SOUTH expert. An expert is, first of all, a practitioner who can provide invaluable assistance. He can provide, for example, not only a list of reasons for a medical examination in the SOUT card, but also generate a file indicating the points from Order No. 302n for almost every workplace.

The expert is responsible for the quality of his work. In this case, for all questions that were not answered by the expert, the maximum score for the harmfulness of the chemical substance will be assigned. This needs to be remembered. If there are grounds for disagreement, all issues should be resolved during the state examination of the technical specifications.

Step-by-step algorithm for preparing for a special assessment

1. Make a preliminary calendar plan carrying out SOUT. First of all, it is necessary to evaluate the jobs of those who are on the list of 1 and 2 persons specified in parts 1 and 2 of paragraph 1 of Article 30 of the Law of the Russian Federation No. 400-FZ, in addition, those for which benefits for work under 3 and 4 are expected class of working conditions and for which a harmful or dangerous class of work equipment was established during the previous work.

2. Prepare all technical and technological documentation for all machines and equipment on which workers work.

3. Make copies job descriptions workers, their shift schedules, prepare access to workplaces for the expert. If the expert is unable to get to the workplace, he can establish a dangerous class of working conditions.

4. Keep track of working hours. We wrote about this above.

5. Be sure to prepare equipment and machinery for the work of the expert - for example, organize the washing of the windshield and side windows of the excavator, since an analysis of the light environment will be carried out.

6. Spend on time Maintenance units so that increased noise, knocking under the hood or soot from engine oil leaks does not spoil the microclimate in the workplace of drivers, mechanics, etc.

7. Adjust all instrumentation.

8. Carry out a general cleaning of the premises, do not forget to purchase and lay vibration-damping floor coverings and damping wall panels in the workshops.

9. Take into account all costs for improving working conditions when planning preventive measures for occupational safety for further reimbursement through the Social Insurance Fund.

If the expert establishes class 2 where previously there was class 3.1 and higher, and the employer did not take measures on labor protection, the employee has the right to apply to the State Labor Inspectorate or to the court with a claim for unjustified cancellation of benefits and guarantees, since the actual conditions of his work remained unchanged.

How to conduct a special assessment of working conditions

Step-by-step algorithm carrying out the SOUTH from the Ministry of Labor, which takes into account all the features and subtleties of this process, is posted for you in the Occupational Safety and Health System. There you can download instructions and ready-made samples necessary documents.

From January 1, 2014, instead of workplace certification, a special assessment of working conditions was introduced, which must be carried out in accordance with Federal Law dated December 28, 2013 N 426-FZ. Accordingly, the results of certification of workplaces for working conditions, issued after December 31, 2013, cannot be used (clause 2 of Letter of the Ministry of Labor of Russia dated March 13, 2014 N 17-3 / B-113). Let us remind you that by virtue of Part 12 of Art. 209 of the Labor Code of the Russian Federation in the old version, certification was carried out in the manner approved by Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n (hereinafter referred to as the Certification Procedure). A special assessment of working conditions was previously provided for in Part 4 of Art. 58.3 Federal Law dated July 24, 2009 N 212-FZ as a basis for exemption from payment of insurance premiums at additional rates. Part 4 art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ lost force on January 1, 2014 (subparagraph “d”, paragraph 4 of Article 13 of the Federal Law of December 28, 2013 N 421-FZ).

By analogy with the results of certification, the results of a special assessment of working conditions are used, in particular, to provide employees with guarantees and compensations 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, and calculate allowances (discounts) to the tariff of contributions for compulsory social insurance from accidents at work and occupational diseases and justification for financing measures to improve labor protection conditions (Article 7 of the Federal Law of December 28, 2013 N 426-FZ).

A special assessment is carried out regarding the working conditions of all employees, except for homeworkers, remote workers and those who work for individuals who are not entrepreneurs (Article 3 of the Federal Law of December 28, 2013 N 426-FZ). Special provisions are provided for state civil and municipal employees. Let us recall that in clause 4 of the Certification Procedure other exceptions were established (in particular, certification could not be carried out in relation to workplaces where employees were engaged only in working on personal computers).

The methodology for conducting a special assessment of working conditions (Part 3, Article 8 of Federal Law No. 426-FZ dated December 28, 2013) was approved by Order of the Russian Ministry of Labor No. 33n dated January 24, 2014. It establishes requirements for procedures implemented within the framework of a special assessment: for the identification of potentially harmful or dangerous production factors, their research and measurement, assignment of working conditions in the workplace to a certain class (subclass) and presentation of the results (clause 1 of the Methodology).

By general rule assessment of working conditions is carried out at least once every five years, if there are no grounds for an unscheduled assessment (Part 4, Article 8 and 17 of the Federal Law of December 28, 2013 N 426-FZ). Let us note that, in accordance with clause 8 of the Certification Procedure, re-certification may not have been carried out in relation to those workplaces in which the working conditions were considered acceptable or optimal.

A significant innovation is the establishment in Art. 14 of the Federal Law of December 28, 2013 N 426-FZ classification of working conditions. According to the degree of harmfulness and (or) danger, they are divided into four classes: optimal, acceptable, harmful and dangerous (classes 1, 2, 3 and 4, respectively). In turn, harmful conditions can be of four degrees (subclasses). It should be noted that this article explains exactly what working conditions apply to each class (subclass).

According to Part 2 of Art. 8 of the Federal Law of December 28, 2013 N 426-FZ, a special assessment of working conditions is carried out jointly by the employer and a specialized organization that meets the requirements given in Art. 19 of this Law. Part 2 Art. 4 of the Federal Law of December 28, 2013 N 426-FZ establishes the obligations of the employer, in particular to ensure that such an assessment is carried out and to provide a specialized organization necessary information, documents and information.

Let's pay attention to the following. If certification has been carried out in relation to workplaces, an assessment of working conditions may not be carried out for five years from the date of completion of certification, with the exception of cases of appointment of an unscheduled assessment (Part 4 of Article 27 of the Federal Law of December 28, 2013 N 426-FZ). Other transitional provisions are also provided for legal entities that were accredited as organizations providing workplace certification services before January 1, 2014. Thus, they have the right to conduct a special assessment of working conditions before the expiration of those existing on the day the Federal Law entered into force dated December 28, 2013 N 426-FZ of accreditation certificates for testing laboratories (centers), but no later than December 31, 2018 inclusive (Part 1, Article 27 of the Federal Law dated December 28, 2013 N 426-FZ). The certification results are used to apply an additional tariff for insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions in the workplace. In paragraph 4 of Letter No. 17-3/B-113 dated March 13, 2014, the Russian Ministry of Labor emphasized that this is an obligation, not a right, of the insurance premium payer.

If, as a result of a workplace certification carried out before January 1, 2014, working conditions are recognized as harmful or dangerous, then an additional insurance premium rate established by Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ, in the amount of 2 to 8 percent depending on the subclass of working conditions (Part 5 of Article 15 of the Federal Law of December 28, 2013 N 421-FZ, Letter of the Ministry of Labor of Russia dated April 18, 2014 N 17-3/B-171). In this regard, the Russian Ministry of Labor explained the following: if the taxpayer cannot document the subclass of hazardous working conditions, an additional tariff of 7 percent is applied to the certified workplace, which corresponds to subclass of working conditions 3.4 (clause 2 of the Letter of the Russian Ministry of Labor dated March 26, 2014 N 17-3/10/B-1579).

How are they calculated? insurance premiums at additional tariffs if the organization has current certification results for only part of the workplaces, the Ministry of Labor of Russia indicated in clause 3.5 of Letter No. 17-3/B-113 dated March 13, 2014. If, according to the results of the certification, the working conditions of the employee engaged in the work specified in sub. 1 - 18 p. 1 tbsp. 27 of the Federal Law of December 17, 2001 N 173-FZ, are recognized as harmful and dangerous, then insurance premiums are charged at additional rates provided for in Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ. If working conditions are recognized as optimal or acceptable or there are no workplace certification results, then insurance premiums are charged at additional rates provided for, respectively, Part 1 or 2 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ.

In addition, in paragraphs 7 and 8 of this Letter, the Ministry of Labor of Russia answers the question of how to determine the amount of insurance premiums at additional rates when an individual is part-time employed for a month in work under subclause. 1 - 18 p. 1 tbsp. 27 of Law N 173-FZ with different classes (subclasses) of working conditions. In such a situation, insurance premiums are charged for each additional tariff in proportion to the number of days (hours) worked at the relevant workplaces in the total number of days (hours) (including work overtime, on weekends, holidays) in a given month. The insurance premiums under consideration are accrued for the entire amount of payments and rewards accrued in favor of of this employee within a month, regardless of for what periods payments are made.

If specialized organizations accredited to conduct certification of workplaces include testing laboratories (centers), whose accreditation certificates expire in 2014, these companies can conduct assessments without taking into account the requirements regarding the number and composition of experts until December 31, 2014 inclusive (Part 2 of Article 27 of the Federal Law of December 28, 2013 N 426-FZ).

The Code of the Russian Federation on Administrative Offenses has also been supplemented with new norms. Part 2 Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for the liability of the employer for violating the procedure for conducting a special assessment of working conditions at workplaces or for failing to conduct it. In this case, a measure is applied in the form of a warning or a fine (in particular, for legal entities - from 60 to 80 thousand rubles). The responsibility of a specialized organization for violating the procedure for conducting a special assessment of working conditions is established by Art. 14.54 Code of Administrative Offenses of the Russian Federation. The changes made to the Code of the Russian Federation on Administrative Offenses will come into force on January 1, 2015 (Part 2 of Article 15 of the Federal Law of December 28, 2013 N 421-FZ).

In addition, it should be added that the costs of conducting a special assessment of working conditions are not taken into account for the purposes of the simplified tax system (Letter of the Ministry of Finance of Russia dated June 30, 2014 N 03-11-09/31528 (sent by Letter of the Federal Tax Service of Russia dated July 30, 2014 N GD-4-3/ 14877)). The position of the financial department is not indisputable. For more details, see New documents for accountants. Issue dated 08/20/2014.

We also note that these expenses can be reimbursed from the contributions for injuries accrued to the Federal Social Insurance Fund of the Russian Federation (clause 3 of the Rules financial security preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium-resort treatment of workers engaged in work with harmful and (or) dangerous production factors (approved by Order of the Ministry of Labor of Russia dated December 10, 2012 N 580n as amended by Order of the Ministry of Labor of Russia dated February 20, 2014 N 103n)).

A 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 established standards (clause 1 of 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).

A special assessment of working conditions is not carried out in relation to:

• home workers;

• remote workers;

• employees 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).

Situation: Is it necessary to conduct a special assessment of working conditions if employees constantly work at protected facilities on the customer’s premises? Separate divisions are not created at the place of work of employees.

Yes need.

This category of employees is not named in , in respect of which a special assessment of working conditions is not required. And the list is closed. Therefore, such an assessment must be carried out, and it must be done , without exceptions (clause 2 of article 8 of the Law of December 28, 2013 No. 426-FZ).

Without conducting a special assessment of such employees, the organization will violate the requirements labor legislation. In particular, articles 22 and 212 Labor Code RF. For this you may face .

Thus, you must ensure at least indirect control over workplaces located on the customer’s premises. To do this, in contracts with customers, provide for the employer’s right to access the workplaces where your employees are employed. They will tell you how to properly conduct a special assessment of working conditions in such workplaces , authorized to carry out these procedures.

Who is required to conduct a special assessment?

All employers are required to conduct a special assessment of working conditions. As a general rule, it is carried out together with independent organization(organizations) that the employer involved in the assessment on the basis of a civil contract (clause 2 of article 8 of the Law of December 28, 2013 No. 426-FZ).

Organization conducting the special assessment

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 on 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 who has higher education in one of the specialties; general hygiene doctor, occupational hygiene doctor, sanitary-hygienic laboratory doctor;

• the organization must have a 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 is established by Decree of the Government of the Russian Federation of June 30, 2014 No. 599.

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).

Situation: 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 under employment contracts (Part 4 of Article 20 of the Labor Code of the Russian Federation).

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 (Clause 2, Article 8 of Law No. 426-FZ of December 28, 2013). This single employee will be part of the commission that needs to be formed. After all, the minimum number of commission members is not established by law. It is only stipulated that there should be an odd number of them (Clause 1, Article 9 of the Law of December 28, 2013 No. 426-FZ). 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 4 of article 9 of the Law of December 28, 2013 No. 426-FZ, part 8 of article 20 of the Labor Code of the Russian Federation).

Advice: 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.

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 publish order for special assessment , which should describe the composition of the commission.

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 the list of workplaces 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).

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 technological process in the same operating mode;

• use of the same type 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 comply , from among the workplaces previously recognized as similar, then a special assessment is carried out at all workplaces previously recognized as similar.

Situation: Is it possible to recognize jobs created in different departments as similar? General characteristics jobs and the nature of the work are the same.

The answer to this question depends on the specific circumstances of the case.

Identity is required to recognize jobs as similar specified in Article 9 of the Law of December 28, 2013 No. 426-FZ.

If all the characteristics of jobs created in different departments are the same, then they can be considered similar. However, it is worth considering that employees may use different equipment (for example, computers with different displays or system units), they may have different microclimate characteristics (temperature, humidity, air speed), their workplaces may have different illumination, pulsation of lighting sources and so on.

Taking into account the above, the commission must make a final decision on recognizing workplaces created in different departments as similar, taking into account the dangerous and harmful production factors existing in the organization and the characteristics of the labor process at the workplaces being assessed.

Situation: what to take into account the total number of jobs: the actual number of employees or the number of units according to the staffing table?

It is better to take the number of jobs that corresponds to the number of units according to the staffing table. It is from this number that we should count 20 percent, in relation to which it is enough to conduct a special assessment of working conditions when identifying .

This issue is not regulated by law, so the final decision on this must be taken by .

When making a decision, you need to consider the following. On the one hand, when conducting a special assessment, the working conditions of a particular employee are examined and analyzed. After all, the purpose of a special assessment is to identify harmful and dangerous factors in a specific workplace during work. This takes into account the production equipment, materials and raw materials that the employee uses in the workplace. This follows from Articles 10 and 12 of the Law of December 28, 2013 No. 426-FZ. That is, the identification of a harmful and (or) dangerous factor presupposes the presence of a person in the workplace.

But at the same time, if you do not immediately evaluate jobs that are on the staffing table but are still vacant, then this will have to be done when you hire a person for these vacancies. Therefore, a special commission must decide whether to include certain jobs in the total number for special assessment, taking into account expediency. For example, if the staffing table contains vacant jobs for which it is planned to hire employees in the near future, then it makes sense to include these jobs in the number of places for special assessment.

The procedure for conducting a special assessment of working conditions

A special assessment of working conditions is carried out in accordance with . Frequency of assessment: at least once every five years, unless otherwise established by the legislation of the Russian Federation. Specified period calculated from the date of approval of the report on the special assessment of working conditions. This is stated in Article 8 of the Law of December 28, 2013 No. 426-FZ.

Scroll regulatory documents, which contain requirements for workplaces, and parameters measured during a special assessment, are given in table.

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 was approved by separate orders of the Ministry of Labor of Russia, depending on the specifics of workplaces:

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 classifies working conditions in the workplace as .

This procedure is provided for in Articles 11–14 of the Law of December 28, 2013 No. 426-FZ.

Situation: 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 certification can be used for the purpose of 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 carry out (clause 1 of article 17 of the Law of December 28, 2013 No. 426-FZ).

In addition, the employer has the right, on his own initiative, to conduct a special assessment of working conditions even before the expiration of the existing workplace certification results. For example, if he wants to review guarantees for employees with harmful and dangerous working conditions and provide them in accordance with the new procedure.

Phased special assessment of working conditions

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 the Law of December 28, 2013 No. 426-FZ).

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 .

Unscheduled special assessment of working conditions

An unscheduled special assessment of working conditions should be carried out in the following cases:

• commissioning of newly organized workplaces;

• 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;

• 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;

• 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;

• 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;

• an industrial accident that occurred at the workplace (except for an industrial accident that occurred due to the fault of third parties) or the detection occupational disease, the reasons for which were the impact on the employee of harmful and (or) dangerous production factors;

• availability motivated proposals 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 six months from the date of occurrence of the listed cases.

Responsibility

Violation of the procedure for conducting a special assessment of working conditions at workplaces is a violation of labor protection requirements. If an organization does not conduct a mandatory special assessment of working conditions, this will constitute a violation of labor protection requirements.

For such a violation it is providedadministrative responsibility as:

• warning or fine in the amount of 5,000 to 10,000 rubles. – for officials;

• fine from 5,000 to 10,000 rubles. – for entrepreneurs;

• fine from 60,000 to 80,000 rubles. - for the organization.

Repeated violations are punishable by:

• a fine in the amount of 30,000 to 40,000 rubles. or disqualification for a period of one to three years – for officials;

• fine from 30,000 to 40,000 rubles. or administrative suspension of activities for up to 90 days – for entrepreneurs;

• fine from 100,000 to 200,000 rubles. or administrative suspension of activities for up to 90 days – for an organization.

Such liability is provided for in Article 5.27.1 of the Code of the Russian Federation on Administrative Offences.

Methodology for conducting a special assessment of working conditions

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. It sets the requirements for the procedures that must be carried out , providing special assessment services. According to Part I of the Methodology, such procedures include:

• identification of potentially harmful and (or) dangerous production factors (Part II of the Methodology, approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n). The classifier of harmful and (or) hazardous production factors is given in Appendix 2 to the order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n;

• research (testing, measurement) of harmful and (or) dangerous production factors (Part III of the Methodology, approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n);

• classification of working conditions in the workplace according to the degree of harmfulness and danger to a class (subclass) of working conditions based on the results of studies (tests, measurements) of harmful and (or) dangerous production factors (Part IV of the Methodology, approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n);

• registration of the results of the special assessment (Part V of the Methodology, approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n).

Classes of working conditions

Working conditions according to the degree of harmfulness and danger are divided into four classes:

• 1st class – optimal working conditions. It includes working conditions in which there is no exposure to harmful and (or) dangerous production factors on the employee or the levels of exposure of which do not exceed the levels established by working conditions standards and accepted as safe for humans, and also the prerequisites are created for maintaining high level employee performance;

• 2nd grade – acceptable conditions labor. These are conditions under which an 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 of working conditions, and the altered functional state of the employee’s body is restored during a regulated rest or by the beginning of the next working day (shift) ;

• 3rd class – hazardous working conditions. This includes such working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards of working conditions;

• 4th class – hazardous working conditions. It's about about working conditions under 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 in period of working activity.

In turn, the 3rd class of harmful conditions has the following subclasses:

• subclass 3.1 – hazardous working conditions of the 1st degree. This includes 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, with a longer cessation of exposure to these factors than before the start of the next working day (shift). and the risk of health damage increases;

• subclass 3.2 – harmful working conditions of the 2nd degree. It includes working conditions in which an 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 of occupational diseases or occupational diseases of mild severity (without loss of professional ability to work). ), arising after prolonged work in such conditions: 15 years or more;

• subclass 3.3 – harmful working conditions of the 3rd degree. This includes working conditions in which an 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;

• subclass 3.4 – harmful working conditions of the 4th degree. It includes working conditions under which an 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.

The classifier of harmful and dangerous factors is given in the order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

An expert from an organization that conducts a special assessment may reduce during the assessment the established class or subclass of working conditions in the workplace if the employee uses personal protective equipment that has passed mandatory certification. The methodology for reducing the class of working conditions when using PPE was approved by Order of the Ministry of Labor of Russia dated December 5, 2014 No. 976n.

Registration of results

A specialized organization that provides services for conducting a special assessment of working conditions draws up a report on its conduct (Article 15 of the Law of December 28, 2013 No. 426-FZ). Report form on conducting a special assessment of working conditions and instructions for filling it out were approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

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.

Use of assessment results

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;

• determining an additional tariff for insurance premiums in Pension Fund RF;

• providing employees guarantees and compensation for work in harmful or dangerous working conditions .

Why do you need a special assessment?

Articles 92 of the Labor Code of the Russian Federation, 117 of the Labor Code of the Russian Federation and 147 of the Labor Code of the Russian Federation provide for compensation for workers whose working conditions are classified as harmful, in particular:

In addition, the results of the SOUT are used for:

• introduction of working conditions that meet labor safety requirements;
• providing workers with personal and collective protective equipment;
• determining the right to early retirement (Article 30 of Law 400-FZ of December 28, 2013);
• establishing an additional tariff for contributions to the Pension Fund of the Russian Federation (clause 3 of Article 428 of the Tax Code of the Russian Federation).

Order of conduct

The methodology for conducting SOUT 33n (as amended by Order No. 642n dated November 14, 2016) provides for four special assessment procedures:

1. Establishment of all possible production factors that can be recognized as harmful and (or) dangerous. The procedure for carrying out this procedure is described in detail in the second part of the methodology, and a list of such factors is contained in Appendix 2 (instruction 33n).
2. Measurement of harmful and (or) dangerous production factors. The procedure for conducting research and testing is established in the third part of the methodology.
3. Distribution of working conditions by classes (subclasses) of harmfulness and danger. This procedure is regulated by the fourth part of the order.
4. Registration of the results of the special assessment procedures carried out in the manner established in the fifth part.

Reflection of the results of the special assessment

Information on the special assessment of working conditions is reflected in table 10 of section II of form 4-FSS, approved by order of the Federal Social Insurance Fund of Russia dated February 26, 2015 No. 59.

Financing the costs of special assessment

The costs of the special assessment can be offset against your accident and illness insurance premiums. Moreover, other measures to improve working conditions (medical examinations, purchase of personal protective equipment, therapeutic and preventive nutrition, etc.) can be financed at the expense of the Russian Social Insurance Fund. To do this, you need to submit a special package of documents to the FSS of Russia. In particular, this is a statement and plan for financial support for preventive measures to reduce injuries.

Is the decision positive? Then the use of insurance premiums to finance the prevention of injuries and occupational diseases must be submitted quarterly reports . Introduce them simultaneously with calculations according to form 4-FSS.

How commercial organization take into account special assessment costs, see How to record the costs of conducting a special assessment of working conditions .

1. The organization conducting a special assessment of working conditions must meet the following requirements:

1) an indication in the organization’s statutory documents as the main type of activity or one of its types of activity to carry out a special assessment of working conditions;

2) the presence in the organization of 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, occupational hygiene, sanitary and hygienic laboratory tests;

3) presence as a structural unit testing laboratory(center), which is accredited by the national accreditation body in accordance with the law Russian Federation on accreditation in the national accreditation system and the scope of accreditation of which is the conduct of research (tests) and measurements of harmful and (or) hazardous factors in the working environment and the labor process, provided for in paragraphs 1 - and - 23 of part 3 of article 13 of this Federal Law, taking into account the requirements, established by Part 4 of Article 12 of this Federal Law.

(see text in the previous edition)

1.1. An organization admitted in accordance with the established procedure to carry out a special assessment of working conditions is obliged to transfer to federal body executive power, which carries out the functions of developing and implementing state policy and legal regulation in the field of labor, the following information in the following cases:

1) reduction in the prescribed manner of the scope of accreditation of the testing laboratory (center), which is structural unit such an organization, indicating the harmful and (or) dangerous factors of the working environment and labor process excluded from the scope of accreditation, specified in paragraphs 1 - and - 23 of part 3 of article 13 of this Federal Law;

2) changes in the composition of the organization’s experts who have an expert certificate issued in the prescribed manner for the right to perform work on a special assessment of working conditions.

1.2. The information provided for in Part 1.1 of this article is transmitted by the organization conducting a special assessment of working conditions to the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor, within ten working days from the date of occurrence of cases, specified in part 1.1 of this article, on registered paper by post with acknowledgment of delivery or in the form electronic document, signed by a strengthened qualified electronic signature, with copies of supporting documents attached. The federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of labor, considers the received information within twenty working days from the date of its registration.

1.3. If facts of non-compliance with the requirements established by part 4 of article 12 of this Federal Law and part 1 of this article are revealed, the activities of the organization conducting a special assessment of working conditions are suspended until the identified violations are eliminated and submitted to the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor, copies of documents confirming the elimination of identified violations.

2. The organization conducting a special assessment of working conditions has the right to conduct research (tests) and measurements of harmful and (or) dangerous factors in the working environment and the labor process provided for

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