home Business What is sout and how to carry it out. The procedure for conducting a special assessment of working conditions

What is sout and how to carry it out. The procedure for 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 who has higher education in one of the specialties - general hygiene, occupational hygiene, sanitary and hygienic laboratory research;

3) the presence as a structural unit of a testing laboratory (center), which is accredited by the national accreditation body in accordance with legislation Russian Federation on accreditation in the national accreditation system and the scope of accreditation of which is conducting research (tests) and measurements of harmful and (or) hazardous factors production environment And labor process provided points 1- And - 23 parts 3 article 13 of this Federal Law, taking into account the requirements established 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 it to the federal executive body that carries out the functions of developing and implementing public policy and legal regulation in the field of labor, the following information in cases:

1) reduction in the prescribed manner of the scope of accreditation of the testing laboratory (center), which is a structural unit of such an organization, indicating the harmful and (or) dangerous factors of the production environment and labor process excluded from the scope of accreditation, specified in points 1- And - 23 parts 3 article 13 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. Information provided part 1.1 of this article, is transferred 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 the cases specified in parts 1.1 of this article, on paper, registered 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 part 4 of article 12 this Federal Law and part 1 of this article, the activities of the organization conducting a special assessment of working conditions are suspended until the identified violations are eliminated and copies of documents confirming the elimination of the identified violations are submitted to the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor. .

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

the federal law dated December 28, 2013 No. 426-FZ(hereinafter referred to as the Law) introduced a new procedure for the employer - a special assessment of working conditions, which replaced the certification of workplaces. That is, from the moment the Law came into force, namely, from January 1, 2014, instead of certifying workplaces, the employer must conduct a special assessment of working conditions.

What is a special assessment of working conditions and why is it needed?

This assessment is a set of measures ( Part 1 Art. 3 Laws):

to identify harmful or dangerous factors in the working environment and the labor process;
by assessing the level of their impact on the employee.

According to its results, in particular ( Art. 7 Law):

workers are provided with personal and collective protective equipment;
the guarantees and compensations provided for by the Labor Code of the Russian Federation are established for employees;
preliminary and periodic medical examinations are carried out;
an additional tariff for contributions to the Pension Fund is established;
a discount (surcharge) to the insurance premium rate for “injuries” is calculated;
statistical reporting on working conditions is prepared.

Whose working conditions are being assessed?

By general rule a special assessment is carried out regarding the working conditions (workplaces) of all employees.

However, there are several exceptions to this rule. Thus, working conditions are not subject to special assessment ( Part 3 Art. 3 Laws):

homeworkers;
remote workers;
employees who have entered into labor relations with employers – individuals who are not individual entrepreneurs.

Who conducts the special assessment?

The employer must organize and pay for a special assessment, as previously the certification of workplaces ( Part 1 Art. 8 of the Law). Moreover, the assessment itself is carried out jointly by the employer and a specialized organization involved on the basis of a civil law agreement ( Part 2 Art. 8 of the Law).

When choosing such an organization, the employer should take into account the requirements imposed by the Law on specialized organizations, namely, Art. Art. 19-20.

When is a special assessment carried out?

Special assessment carried out at least once every five years. The specified period is calculated from the date of approval of the report on its implementation (Part 4 of Article 8 of the Law). It does not matter whether harmful and (or) dangerous factors were identified during the assessment. That is, even if they are not identified, after five years the procedure will need to be carried out again.

Let us note that previously workplaces were exempt from certification if, based on its results, working conditions were recognized as safe (clause “b”, paragraph 8 of the Procedure for certification of workplaces for working conditions, approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n).

Please note that there are cases in which it is necessary to conduct a special assessment earlier than after five years, that is, unscheduled. Thus, an unscheduled assessment is carried out if (Part 1 of Article 17 of the Law):

newly organized workplaces are put into operation;
the employer receives orders from the state labor inspector to conduct such an assessment;
the technological process is changed, production equipment is replaced, which can influence the level of exposure to harmful and (or) hazardous production factors on employees;
the composition of the materials used and (or) raw materials that can affect the level of exposure to workers changes;
the means of individual and collective protection used are changing;
an accident occurred at work (except for an accident caused by third parties) or an occupational disease was discovered, the causes of which were the employee’s exposure to harmful and (or) dangerous production factors;
there is a motivated proposal for primary trade union organizations or another representative body of employees to conduct such an assessment.

How is a special assessment carried out?

A special assessment of working conditions consists of several stages.

Stage 1. Convening a special commission

Stage 2. Approval of the special assessment schedule

Stage 3. Approval of the list of jobs subject to special assessment

Stage 4. Hiring a specialized organization that will conduct the assessment

The employer must conclude a civil contract with the selected specialized organization.

Stage 5. Identification of potentially harmful and (or) dangerous production factors

Stage 6. Research (testing) and measurement of harmful and (or) hazardous production factors

Stage 7. Summing up the results of the special assessment

Stage 8. Familiarization of employees with the results of the special assessment

Stage 9. Posting information about the special assessment on the employer’s official website

Stage 10. Transfer of the results of the special assessment to the authorized body

The specialized organization is obliged to convey the results of the assessment:

until January 1, 2016 - to Rostrud (Part 3 of Article 28 of the Law);
from January 1, 2016 – to the Federal State information system taking into account the results of a special assessment of working conditions (Part 1 of Article 18 of the Law).

What classes and subclasses of working conditions exist?

Let us recall that based on the results of a special assessment, classes (subclasses) of working conditions in the workplace are established (Part 2 of Article 3 of the Law). The specified classes and subclasses are taken into account when determining the amount of the additional tariff for contributions to the Pension Fund.

For more information about additional tariffs, see the Directory " Insurance premiums for pension, medical and social insurance"

So, according to the degree of harmfulness and (or) danger, working conditions are divided into four classes (Part 1 of Article 14 of the Law):

optimal – 1st class;
acceptable – class 2;
harmful – class 3;
dangerous – 4th class.

Do employers who have certified workplaces need to carry out a special assessment?

If before January 1, 2014, the employer carried out certification of workplaces, then he may not conduct a special assessment in relation to these places for five years from the date of completion of certification (except for cases in which unscheduled certification is carried out) (Part 4 of Article 27 of the Law ).

In this case, the results of the certification are used for the same purposes as the results of the special assessment.

However, it is worth noting that the employer has the right not to wait until these five years have passed and conduct a special assessment of working conditions.

Within what time frame from the date of entry into force of the Law must a special assessment be carried out?

A special assessment of working conditions can be carried out in stages, the main thing is that it is completed no later than December 31, 2018 (Part 6 of Article 27 of the Law). It does not matter whether workplace certification was carried out before or not.

However, this rule does not apply to workplaces:

employees, professions, positions, specialties of which are included in the lists, taking into account which the early assignment of an old-age labor pension is carried out;
in connection with work for which guarantees and compensation are provided for work under harmful and (or) dangerous working conditions;
in which, based on the results of previously conducted certification of workplaces, harmful and (or) dangerous working conditions were established.

However, the Law does not regulate the timing of a special assessment in relation to these workplaces. In our opinion, it should be carried out after five years from the date of certification.

Is there liability for not conducting a special assessment?

The answer to this question is contained in paragraph 3 of Art. 11 of Federal Law No. 421-FZ of December 28, 2013, which introduced corresponding amendments to the Code of Administrative Offenses of the Russian Federation. So, part 2 of the new art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for liability if the employer violated the procedure for conducting a special assessment or did not conduct it. According to this norm, such offenses entail a warning or a fine:

For officials– from 5,000 to 10,000 rubles;
for persons carrying out activities without education legal entity– from 5,000 to 10,000 rubles;
for organizations - from 60,000 to 80,000 rubles.

For questions regarding a special assessment of working conditions, please contact a labor relations specialist at the Yegorlyk District Administration, office. No. 19, contact phone number 23-7-68.

The administration of the Yegorlyk region asks heads of enterprises and organizations to individual entrepreneurs in order to record workplaces on the territory of the municipality where a special assessment of working conditions has been completed, provide information on the special assessment of working conditions carried out.

Who should conduct a special assessment of working conditions, within what time frame, what responsibility is provided for failure to conduct or for violation of the procedure for conducting a special assessment. We will consider these and other questions in this article.

One of the main responsibilities of an employer is to provide its employees with safe working conditions in the workplace (Article 212 of the Labor Code of the Russian Federation). Conducting a special assessment of working conditions at workplaces is one of the activities carried out by the employer to fulfill this obligation.

Effective January 1, 2014 the federal law dated December 26, 2013 No. 426-FZ “On the special assessment of working conditions” (hereinafter referred to as the Law), which introduced a new procedure - a special assessment of working conditions (SOUT). It replaced workplace certification.

SOUT is aimed at identifying harmful and dangerous factors in the working environment, assessing the level of their impact on the employee (Part 1, Article 3 of the Law).

Based on the results of a special labor assessment, the employer:

determines classes (subclasses) of working conditions;
provides workers with personal and collective protective equipment;
establishes guarantees and compensation for employees provided for by law;
organizes preliminary and periodic medical examinations;
establishes an additional tariff for contributions to the Pension Fund;
calculates a discount (surcharge) to the insurance premium rate for injuries;
prepares statistical reporting about working conditions.

SOUT is required, but not for everyone

Every employer must conduct a special assessment, regardless of ownership.

The following categories of employees are excluded:

homeworkers;
teleworkers;
employees who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

The employer must organize and pay for a special assessment (Part 1, Article 8 of the Law). In this case, the assessment is carried out by him jointly with a specialized organization engaged on the basis of a civil contract (Part 2 of Article 8 of the Law).

In order to understand when it is necessary to carry out a planned special assessment, let us refer to the diagram:

Deadlines for conducting a planned special assessment of jobs created before 01/01/2014

A special assessment is carried out at least once every 5 years. The period is calculated from the date of approval of the report on its implementation (Part 4 of Article 8 of the Law). However, if the special assessment carried out confirms optimal or acceptable conditions in the workplace, and within 5 years from the date of approval of the report, no occupational diseases are identified in the organization and no accident occurs, the results of such a special assessment are automatically extended for the next 5 years. But if harmful/dangerous working conditions are identified, these workplaces are subject to a scheduled special assessment every 5 years.

Situation: Potentially harmful conditions labor

For potentially harmful/dangerous working conditions, the Law does not clearly stipulate the deadline for conducting a planned special assessment. But nevertheless, for these categories of workplaces, an assessment of working conditions should be carried out as soon as possible. (end of box)

Off-plan assessment

In some cases, the employer needs to conduct a special assessment unscheduled, that is, earlier than after 5 years (Part 1 of Article 17):

when introducing a new workplace;
if there is an order from the State Transport Inspectorate to conduct a special assessment;
when it changes technological process at the workplace, when replacing production equipment, composition of materials used, raw materials, etc.;
if an accident occurred at the workplace (not due to the fault of third parties);
if an occupational disease is detected;
if there is a reasoned proposal from the elected body of the primary trade union organization to conduct an unscheduled SOUT.

The period for conducting an unscheduled special assessment is 6 months. Moreover, if the organization began its activities after January 1, 2014, all jobs are considered newly created and are subject to special assessment within 6 months.

SOUT Commission

Conducting an SOUT begins with the convening of a commission with an odd number of members. It is initiated by an order from the head of the organization. The commission includes a labor protection specialist or a specialist engaged by the employer under a civil contract to carry out the functions of the labor protection service (labor safety specialist), as well as a representative of the trade union, if there is one. In the same order, the head must indicate who will head the commission - himself or a person appointed by him.

Important: Similar jobs

The commission approves the list of jobs subject to special assessment and indicates which of them are similar (Parts 5-7 of Article 9 of the Law). It should be noted that the SOUT is carried out only in relation to 20% of similar workplaces (but not less than two places), and its results apply to all similar workplaces (Part 1 of Article 16 of the Law). According to Art. 9 of the Law, such workplaces are considered to be those that simultaneously meet the following conditions:

located in one or more similar production premises (production areas);
equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
where workers work:

the same profession (position, specialty), performing the same labor functions;
in the same working hours when conducting the same type of technological process;
using the same production equipment, tools, fixtures, materials and raw materials;
provided with the same funds personal protection.

Is it always necessary to involve a specialized organization?

At the same time, the company is obliged to select and enter into an agreement with a specialized organization to conduct SOUT.

At the next stage, a specialized organization comes into play. Its task is to identify harmful or dangerous labor factors. Simply put, decide whether his work can harm a person’s health, and if so, then in what way. Harmful factors are listed in the Classifier approved by Order of the Ministry of Labor N 33n dated January 24, 2014.

It should be noted that identification is not carried out in relation to (Part 6 of Article 10 of the Law):

workplaces of employees whose professions, positions or specialties are included in the lists for early assignment of old-age labor pension;
workplaces where employees, in accordance with the law, are provided with guarantees and compensation for working under harmful and (or) dangerous working conditions;
workplaces where, based on the results of previously conducted certification or special assessment, harmful and (or) dangerous working conditions were established.

At the same time, the remaining special assessment procedures in relation to these jobs are carried out.

So, an expert from a specialized organization carries out the identification, and its results are approved by the employer’s commission (Part 2 of Article 10 of the Law).

If harmful and (or) dangerous production factors in the workplace are not identified, then no further research is carried out (Part 4 of Article 10 of the Law).

For such workplaces, as well as places where working conditions are considered optimal or acceptable, the employer submits to its labor inspectorate a declaration of compliance of working conditions with state requirements.

Situation: Harmful or dangerous production factors have been identified

If harmful/dangerous production factors are identified, the commission makes a decision to conduct research and measurements of these factors (Part 5 of Article 10 of the Law). Having finished measuring harmful factors, expert organization and the commission of the audited company draw up a report on the results of the special assessment. It is signed by all members of the commission and approved by its chairman. The report form is in Order of the Ministry of Labor No. 33n dated January 24, 2014. Assessment cards for each workplace that have undergone the procedure are attached to it. As a result, working conditions are divided into classes and subclasses according to the degree of harmfulness, workers receive certain guarantees and compensation, and an additional rate of contributions to the Pension Fund is determined.

Characteristics of working conditions

Class	Subclass	Working conditions	Additional tariff amount	Characteristics of the class (subclass)
		Optimal		There are no harmful (dangerous) factors or do not exceed the norms.
		Acceptable		Harmful (dangerous) factors do not exceed the norms; functional state the employee is restored during the inter-shift rest period.
		1st degree		After exposure to harmful (dangerous) factors, the state of the employee’s body is restored over a longer period of time than rest between shifts; the risk of health damage increases.
		2 degrees		Harmful (dangerous) factors can cause the appearance and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of ability to work) that occur after prolonged exposure (15 years or more).
		3 degrees		Harmful (dangerous) factors can cause the emergence and development of occupational diseases of mild and moderate severity in an employee (with loss of professional ability to work) during the period of work.
		4 degrees		Harmful (dangerous) factors can lead to the emergence and development of severe forms of occupational diseases in an employee (with loss of general ability to work) during the period of work.
				Harmful (dangerous) factors affecting an employee during the entire working day (shift) or part of it can create a threat to his life, and their consequences cause a high risk of developing an acute occupational disease during the period of work.

The assessment has been completed, what next?

But the employer’s responsibilities do not end there. He must familiarize employees, against signature, with the results of the assessment carried out at their workplaces within 30 calendar days from the date of approval of the above report (Part 2 of Article 5 and Part 5 of Article 15 of the Law).

This period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, or periods of rest between shifts.

Important: update the information on the site

And if the organization has an official website, then it must organize the posting of summary data on the assessment results on it:

on established classes (subclasses) of working conditions;
on the list of measures to improve these conditions.

This must be done within the same period - 30 calendar days from the date of approval of the report on the special assessment (Part 6 of Article 15 of the Law).

Information about the results of the special assessment must also be reflected in Table 10 of Form 4-FSS.

Employees also have an obligation to familiarize themselves with the results of the SOUT (Part 2 of Article 5 of the Law). Refusal to fulfill this obligation may be recognized by the employer as a violation of labor protection requirements. Such a refusal is grounds for disciplinary action (paragraph 2, part 1, article 214, article 192 of the Labor Code of the Russian Federation).

A specialized organization is obliged to transfer the results of the assessment to the Federal State Information System for recording the results of a special assessment of working conditions (Part 1 of Article 18 of the Law).

Administrative liability is provided for violation of the procedure for conducting or for failure to carry out special assessment procedures; its amount is indicated in the table.

Responsibility for violations of special assessment rules

Norm of the Code of Administrative Offenses of the Russian Federation	Offense	Responsibility
	Offense	officials		organizations
Part 2 Art. 5.27.1	Violation by employer established order conducting a special assessment of working conditions at workplaces or not conducting it	Warning or 5,000 - 10,000 rubles.		Warning or 60,000 - 80,000 rub.
Part 5 Art. 5.27.1	Committing an offense under Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, by a person previously subjected to administrative punishment for a similar offense	30,000 - 40,000 rub. or disqualification for 1 - 3 years	30,000 - 40,000 rub. or suspension of activities for up to 90 days	100,000 - 200,000 rub. or suspension of activities for up to 90 days
Part 1 Art. 14.54	Violation of the procedure for conducting it by the organization that conducted the special assessment of working conditions	20,000 - 30,000 rub.	No	70,000 - 100,000 rub.
Part 2 Art. 14.54	Committing an offense under Part 1 of Art. 14.54 of the Code of Administrative Offenses of the Russian Federation, by a person previously subjected to administrative punishment for a similar offense	40,000 - 50,000 or disqualification for 1 - 3 years	No	100,000 - 200,000 or suspension of activities for up to 90 days

The following actions/inactions of the employer may be considered a violation of the procedure for carrying out special assessment work:

failure to comply with the deadline for conducting a special assessment;
failure to familiarize employees with the results of special assessments at their workplaces;
violation of the procedure for processing the results of a special assessment;
conducting a special assessment:

without involving a specialized organization;
without forming a commission to conduct it;
not in all workplaces.

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;

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

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

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 units employees are not created at their place of work.

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 jointly with an independent organization (organizations), which 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 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; medical doctor general hygiene, occupational health doctor, sanitary and 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 the legislation of the Russian Federation, and the scope of accreditation of which is conducting research (tests) and measurements of harmful and (or) hazardous factors in the working environment and the labor process.

The procedure for 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 could be leaders 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 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, performing the duties of the employer in labor relations (clause 4 of article 9 of the Law of December 28, 2013 No. 426-FZ, part 8 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 of technological process in the same operating mode;

use of the same type of production equipment, tools, devices, materials and raw materials;

work in one or more similar premises;

use of the same type of ventilation, air conditioning, heating and lighting systems;

identical location of objects (production equipment, Vehicle etc.) in the workplace;

equal provision of personal protective equipment.

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

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

If during a special assessment of working conditions at least one workplace, which does not match , 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 can use miscellaneous 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 light sources, etc.

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 assess the jobs that are listed in staffing table, but while there are vacancies, you will have to do this 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. The specified period is 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:

For which jobs is a special assessment carried out?	Requisites normative act
employee workplaces, labor function which consists of preparing for sports competitions and participating in competitions in a specific type or types of sports
crew jobs sea vessels, inland navigation vessels and fishing vessels
jobs of certain categories medical workers and a list of medical equipment (devices, devices, equipment), the normal functioning of which may be affected by measuring instruments used during a special assessment of working conditions
workplaces where employees are expected to be exposed to high pressure gas and air environments
workplaces for divers, as well as employees directly carrying out caisson work
workplaces of employees of radiation-hazardous and nuclear-hazardous industries and facilities engaged in work with man-made sources of ionizing radiation
workplaces of employees engaged in underground work

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 to own initiative conduct a special assessment of working conditions 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 the 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 other 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 conditions labor. 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;

Class 2 – acceptable working conditions. 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 – harmful 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 state writing reasoned dissenting opinion 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:

Guarantees and compensation	Conditions/hazard class
Guarantees and compensation		dangerous
Reduced work time (no more than 36 hours per week, Article 92 of the Labor Code of the Russian Federation)
Paid additional leave(at least 7 calendar days, Article 117 of the Labor Code of the Russian Federation)
Increase in wages (at least 4% of the tariff rate (salary), Article 147 of the Labor Code of the Russian Federation). The amount of increase is established by the employer in accordance with the following procedure:

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:

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).
Measurement of harmful and (or) dangerous production factors. The procedure for conducting research and testing is established in the third part of the methodology.
Distribution of working conditions by classes (subclasses) of harmfulness and danger. This procedure is regulated by the fourth part of the order.
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 statement and plan financial security 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 .