Who benefits from a special assessment of working conditions. Special assessment of working conditions: what is it? The purpose of the special assessment of working conditions

On its implementation, which includes the following results of a special assessment of working conditions:

1) information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of this Federal Law;

2) a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) dangerous production factors, which are identified at these workplaces;

3) cards of a special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by an expert of an organization conducting a special assessment of working conditions;

4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;

5) a protocol for evaluating the effectiveness of means used by employees employed in workplaces with harmful working conditions personal protection who have passed mandatory certification in the manner prescribed by the technical regulations, carried out in order to reduce the class (subclass) of working conditions (in the event of such an assessment);

6) the protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements on the grounds specified in Part 9 of Article 12 of this Federal Law (if such a decision exists);

7) consolidated statement special assessment of working conditions;

8) a list of measures to improve the conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out;

9) conclusions of an expert of an organization conducting a special assessment of working conditions;

10) comments and objections of the employee regarding the results of a special assessment of working conditions carried out at his workplace, submitted in writing in accordance with paragraph 4 of part 1 of Article 5 of this Federal Law (if any).

1.1. The report on the special assessment of working conditions must contain the identification number specified in Part 6 of Article 8 of this Federal Law.

2. The report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission no later than thirty calendar days from the date of its sending to the employer by the organization conducting the special assessment of working conditions. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to state in writing reasoned dissenting opinion, which is attached to this report.

(see text in previous edition)

3. The form of a report on the conduct of a special assessment of working conditions and instructions for filling it out are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.

(see text in previous edition)

5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions. The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.

5.1. The employer, within three working days from the date of approval of the report on the special assessment of working conditions, is obliged to notify the organization that conducted the special assessment of working conditions by any accessible way, providing the possibility of confirming the fact of such a notification, as well as sending a copy of the approved report on the special assessment of working conditions by registered by mail with acknowledgment of receipt or in the form electronic document signed by enhanced qualified electronic signature. If the report on the special assessment of working conditions contains information constituting a state or other secret protected by law, a copy of the said report is sent subject to the requirements of the law Russian Federation on state and other secrets protected by law.

(see text in previous edition)

6. The employer, taking into account the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law, organizes the placement on its official website in the Internet information and telecommunication network (if such a website exists) of summary data on the results of a special assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than within thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.

All employers are required to conduct a special assessment of working conditions in 2019. Otherwise, violators will face a fine of 60,000 to 80,000 rubles. This procedure is established by part 2 of Article 5.27 of the Code of Administrative Offenses. In the article we will talk about the nuances of conducting a special assessment, the procedure for conducting it and the cost, as well as the latest news on special assessment.

Ivan Shklovets, deputy head of Rostrud, gave a comment to the Simplification magazine. He told how small businesses conduct a special assessment.

“If, according to the results of the assessment, the expert did not identify harmful and dangerous factors, the company has the right to submit a declaration of conformity for these workplaces. Then, in the future, a special assessment can be omitted,” Ivan Shklovets noted.

As the official noted, all companies are required to conduct a special assessment of working conditions at least once every five years (clause 4, article 8 of the Federal Law of December 28, 2013 No. 426-FZ). If the organization does not have jobs with harmful or hazardous conditions labor, a special assessment must be carried out before December 31, 2018 (clause 1, article 27 of Law No. 426-FZ). However, Rostrud named cases when companies, even if they have employees, have the right not to conduct a special assessment. We cited such cases in the article of the magazine "Simplification".

How to conduct a special assessment: step by step instructions

	Actions
	Approve the composition of the commission and the schedule of the event. To do this, use
	Make a list of jobs to evaluate.
	Choose an accredited organization that will conduct a special assessment and conclude an agreement with it.
	Sign the report on the results of the special assessment (). Send a copy of the report within 3 working days after signing to the organization that conducted the special assessment.
	Post the results of the special assessment and a list of measures () to improve working conditions on your website (if any). If there is no site, you do not need to invite its development.
	Report to the FSS information about the results of the special assessment in table 5 of the 4-FSS calculation. If you conducted a special assessment before January 1, fill in the data in the 4-FSS for the first quarter of 2019. If you did not have time to complete the assessment, then include the assessment data starting from the report for the 1st quarter of 2020.
	Familiarize employees with the results of the special assessment against signature in the map. The term is 30 calendar days from the date of approval of the report (letter of the Ministry of Labor dated July 14, 2016 No. 15-1 / OOG-2516).
	Write down in the employment contract a clause on the assigned class of working conditions, take the data from the special assessment card. Sample wording in an employment contract. Submit a declaration of conformity to the labor inspectorate () if no harmful or dangerous production factors have been identified at the workplace.

Penalties for special assessment

If jobs were created before 2018, and the assessment was not completed by January 1, 2019, then in 2019 labor inspectors have the right to fine the company in the amount of 60 to 80 thousand rubles. (part 2 of article 5.27.1 of the Code of Administrative Offenses).

Labor inspectors will issue one general fine, they will not fine the organization individually for each workplace, on which she did not conduct a special assessment (decision of the Perm Regional Court of February 27, 2018 No. 7–323/2018 // 21–208/2018).

What is a job appraisal

Special assessment of workplaces or abbreviated as "SOUT" is a set of consistently carried out activities, the purpose of which is to identify harmful and / or dangerous conditions labor process and assessment of the level of impact of deviations from the norms on the employee (clause 1, article 3 of the Federal Law of December 28, 2013 No. 426-FZ).

The employer must spend at least 0.2% of the cost of manufacturing products, performing work, and providing services on labor protection for employees (part 3 of article 226 of the Labor Code of the Russian Federation). The list of activities is contained in the order of the Ministry of Health and Social Development dated 01.03.2012 No. 181n and also includes the implementation of the SATS.

Based on the results of a special assessment of workplaces, the commission establishes a class / subclass of working conditions.

In accordance with paragraph 7 of Art. 14 of the Federal Law of December 28, 2013 No. 426-FZ, it is allowed to reduce the class (subclass) of working conditions for workers by more than one step. For companies doing certain types activities, improvement of working conditions can be carried out according to the established industry specifics.

Please note that the SOUT should be carried out at least once every 5 years, unless otherwise provided by the legislation of the Russian Federation. The countdown of the period of the SUT is carried out from the date of approval of the assessment report.

Who checks working conditions

The requirements for the company conducting the SOUT are established by Art. 19 of the Federal Law of December 28, 2013 No. 426-FZ. So, in the statutory documents of the inspectors, “conducting the SAUT” should be indicated as the main type of activity or one of the types of activity. In addition, the company must have:

• at least 5 experts with a certificate granting the right to provide services for assessing working conditions
• at least 1 expert higher education in one of the specialties: sanitary and hygienic laboratory research / general hygiene/ occupational health

The testing company must have an accredited testing laboratory. At the same time, accreditation is "for testing and measuring harmful and / or dangerous factors of the working environment and the labor process." The checking company has the right to involve third-party testing laboratories. This does not contradict the legislation of the Russian Federation (clause 2, article 19 of the Federal Law of December 28, 2013 No. 426-FZ).

The register of organizations that, in the opinion of the Ministry of Labor of Russia, have the right to engage in the implementation of the SOUT is published on the website of the department: akot.rosmintrud.ru

Who is required to conduct a special assessment of jobs in 2019

In accordance with Art. 212 of the Labor Code of the Russian Federation, each employer, including small businesses, must assess the conditions of workplaces. In some cases, the legislation provides for the mandatory conduct of the SOUT outside the plan (Article 17 of the Federal Law of December 28, 2013 No. 426-FZ):

• introduction of new jobs
• obtaining an order from the federal state supervision over compliance with the labor legislation of the Russian Federation
• change production equipment or introducing innovations in the technological process that can change the level of exposure to harmful and / or dangerous conditions for the health of the worker
• the use of new materials, raw materials that can affect the level of influence of harmful and / or dangerous conditions on the employee
• introduction of new means of individual and collective protection, which can change the indicator of exposure to harmful and / or dangerous conditions for an employee
• accident at work, with the exception of the case caused by the fault of third parties
• occupational illness of an employee caused by exposure to harmful and/or hazardous production factors
• initiative of a trade union organization or other representative body of employees to conduct an unscheduled assessment of jobs

In accordance with paragraph 2 of Art. 17 of the Federal Law of December 28, 2013 No. 426-FZ, the employer must conduct a special assessment of working conditions:

• within 12 months from the date when:

• process has changed
• new jobs appeared
• production equipment was replaced

• within 6 months from the date when:

• received an order from the regulatory authority
• changed the composition of the materials used, raw materials
• changed the means of individual and collective protection
• industrial accident
• a proposal was received from a trade union organization or other representative body of employees to conduct an unscheduled SOUT

Changes in the special assessment in 2019

In 2019, it is necessary to take into account the amendments made by Federal Law No. 208 of July 19, 2018.

Article 1

Article 32 of the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological well-being of the population" (Collected Legislation of the Russian Federation, 1999, N 14, art. 1650; 2011, N 30, art. 4596; N 50, art. 7359; 2012, N 26, article 3446) supplement with paragraph 1.1 of the following content:

"1.1. When exercising production control provided for in paragraph 1 of this article, the results of studies (tests) and measurements of harmful and (or) hazardous production factors carried out by a testing laboratory (center) accredited in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system, but not earlier than six months before the specified production control.".

Article 2

Paragraph one of paragraph 1 of Article 29.1 of the Federal Law of March 26, 2003 N 35-FZ "On the Electric Power Industry" (Collected Legislation of the Russian Federation, 2003, N 13, Art. 1177; 2011, N 30, Art. 4590; 2015, N 29, 4359; N 45, art. 6208; 2016, N 18, art. 2508; N 26, art. 3865) after the words "violations by subjects of the electric power industry and consumers electrical energy requirements" shall be supplemented with the words "on the safe conduct of work at electric power facilities, requirements", after the words "(hereinafter - mandatory requirements)," add the words "as well as labor protection rules,".

Article 3

Part 1 of Article 4.1 of the Federal Law of July 27, 2010 N 190-FZ "On Heat Supply" (Collected Legislation of the Russian Federation, 2010, N 31, Art. 4159; 2016, N 18, Art. 2508) after the words "violations heat supply organizations and heat grid organizations of the requirements" to add the words "on the safe conduct of work at heat supply facilities, requirements", after the words "(hereinafter in this article - mandatory requirements)," to add the words "as well as the rules for labor protection,".

Article 4

In paragraph 5 of part 2 of article 88 of the Federal Law of November 21, 2011 N 323-FZ "On the basics of protecting the health of citizens in the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2011, N 48, art. 6724; 2013, N 48, art. 6165; 2016, N 1, article 28) the words "safe working conditions," shall be deleted.

Article 5

In part 7 of article 12 of the Federal Law of December 28, 2013 N 426-FZ "On a special assessment of working conditions" (Collected Legislation of the Russian Federation, 2013, N 52, article 6991; 2014, N 26, article 3366; 2016, N 18, Article 2512) the words "may be used" shall be replaced by the words "may be used".

Who has the right not to conduct a special assessment

An unscheduled special assessment does not need to be carried out if:

• name changed - at the employer-IP
• as a result of the reorganization, the organizational and legal form of the employer-legal entity has changed
• the name of the workplace has changed (at the same time, such an innovation did not lead to grounds for conducting unscheduled inspection working conditions)

The employer must conduct an assessment of all workplaces, with the exception of checking the working conditions of teleworkers and homeworkers. SOUT is also not carried out in relation to employees who have entered into labor relations with individuals not registered in tax office as individual entrepreneurs.

Step-by-step rules for conducting a special assessment and documents

Step 1. Drawing up and approval of the composition of the commission for conducting a special assessment of working conditions

The head of the company must approve the composition of the commission for the implementation of the SOUT and the procedure for its activities. The number of committee members must not be even. Moreover, as part of the commission without fail there must be a labor protection specialist (paragraphs 1-2 of article 9 of the Federal Law of December 28, 2013 No. 426-FZ). As a rule, the head of the commission CEO of the company appoints himself (part 4 of article 9 of the Federal Law of December 28, 2013 No. 426-FZ).

Step 2. Determining the list of jobs subject to SUT

The list of workplaces that are subject to inspection for the presence of harmful and / or dangerous working conditions is established by the commission. If there are similar jobs, the SOUT is carried out only in relation to 20% of them, but not less than two (clause 1, article 16 of the Federal Law of December 28, 2013 No. 426-FZ). For the rest of the workplaces, the results obtained when checking 20% ​​of the places from the total number are applied.

At the same time, similar jobs should be understood as jobs where employees:

• perform the same job duties (same position, specialty, position) in one or more similar industrial premises equipped with identical or similar ventilation, air conditioning, lighting and heating systems
• work in the same mode of working hours while maintaining the same type technological process using identical production equipment, tools, raw materials and supplies
• provided with the same personal protective equipment

Step 3. Approval of the schedule for conducting the SUT

When scheduling the assessment, the following should be taken into account:

• SOUT is carried out for each worker's dream at least once every 5 years (this procedure also applies to office premises). The basis is paragraph 4 of Art. 8 of the Federal Law of December 28, 2013 No. 426-FZ
• if the employer has not previously conducted a SATS, then the deadline to check workplaces for the presence of harmful and / or dangerous factors on the employee and the degree of their influence is no later than December 31, 2018 (clause 6, article 27 of the Federal Law of December 28, 2013 No. 426- FZ)

It should be noted that the law does not prohibit the implementation of SOUT of workplaces in stages, with the exception of workplaces where:

• based on the results of a previous assessment, harmful and / or dangerous working conditions were established
• the position (specialty) of employees gives them the right to early appointment of an old-age insurance pension
• compensation and guarantees for work with harmful and / or dangerous working conditions

However, according to the Ministry of Labor of Russia, certification of workplaces should be carried out without division into stages (Letter of the Ministry of Labor of Russia dated December 8, 2014 No. 15-1 / B-1829). For the lack of results of the SOUT, the Code of Administrative Offenses provides for liability, including a fine:

• up to 10,000 rubles - for individual entrepreneurs and officials
• up to 80,000 rubles – for companies

Step 4. Conclusion of an agreement with a specialized company for the implementation of the SOUT

To avoid cooperation with scammers, you should use the register of the company and experts listed on the website of the Ministry of Labor of Russia: akot.rosmintrud.ru

Step 5. Providing the auditing company and experts with the necessary information and documents

Step 6. Identification of harmful and / or hazardous production factors and assessment of their level

Step 7. Reflection of the results of the SUT in the report and approval of the report

The result of the conducted SOUT must be indicated in the report and signed by all members of the commission, including its chairman (part 2 of article 15 of the Federal Law of December 28, 2013 No. 426-FZ). In case of disagreement of any specialist of the commission with the result of the inspection of workplaces, it is necessary that he state his opinion in writing and attach it to the report.

Step 8. Notification of the company conducting the SUT about the approval of the report with the results of the job assessment

Within three working days from the date of signing the report on the conduct of the SATS, the employer must notify the company with which he has concluded an agreement on the assessment of jobs, as well as send her a copy of the approved report (clause 5.1, article 15 of the Federal Law of December 28, 2013 No. 426-FZ). The fact of the notification must be confirmed.

Step. 9 Sending a declaration to the supervisory authority

In the absence of harmful and / or dangerous production factors, the employer must notify the labor inspectorate at his location. This procedure is provided for in paragraph 1 of Art. 11 of the Federal Law of December 28, 2013 No. 426-FZ. The form and procedure for filing the declaration are approved by the Ministry of Labor of Russia (Order No. 80n dated February 7, 2014).

The deadline for filing a declaration is no later than 30 working days from the date of approval of the report on the implementation of the SAUT (clause 5 of the Procedure for filing a declaration of compliance of working conditions with state regulatory requirements for labor protection, approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).

Step 10. Familiarize employees with the results of the SUT

Employees of the company must be familiarized with the results of the SOUT no later than 30 calendar days from the date of approval of the report (clause 5, article 15 of the Federal Law of December 28, 2013 No. 426-FZ).

Step. 11 Posting the results of the SOUT on the website

Such a requirement is specified in paragraph 6 of Art. 15 of the Federal Law of December 28, 2013 No. 426-FZ).

Step 12. Notification of the FSS of Russia on the results of the SOUT

The data is reflected in the form 4-FSS. The form was approved by the Order of the FSS of Russia dated September 26, 2016 No. 381).

Step 13. Applying the results of SUT

When the working conditions are recognized by the commission as harmful or dangerous, a list of measures that the employer must perform (purchase personal protective equipment, etc.) is added to the report.

The employer must amend labor contracts with employees, and in the agreement indicate new working conditions, guarantees for harmful or dangerous conditions. Date of entry into force. agreements to the employment contract - the date of approval of the report with the results of the SOUT.

For work in harmful and dangerous working conditions, the employee is entitled to additional payments, reduced work time depending on the class/subclass of working conditions, additional holidays(Articles 92, 117 and 147 of the Labor Code of the Russian Federation). Employees who perform their labor duties in harmful or dangerous working conditions, regardless of what class and degree they are assigned, must be paid increased wages. The minimum amount of increase in payments is 4% of the usual salary or tariff rate (parts 1 and 2 of article 147 of the Labor Code of the Russian Federation). Moreover, at harmful conditions labor (3rd or 4th degree) or dangerous, workers are entitled to reduced working hours (see table).

Warranty	Hazard class	Guarantee amount	Base
Increased pay	irrelevant	at least 4% of the salary or tariff rate	Articles 146 and 147 of the Labor Code of the Russian Federation
Reduced hours of work	subclasses 3.3, 3.4 and class 4	no more than 36 hours per week	Art. 92 Labor Code of the Russian Federation
Additional leave	subclasses 3.2, 3.3, 3.4	at least 7 calendar days	Art. 116 and 117 of the Labor Code of the Russian Federation

Additional contributions

Payments to employees employed in the work specified in paragraphs 1-18 of part 1 of Art. 30 of Federal Law No. 400-FZ are subject to additional contributions, but on the condition that such employees have the right to early retirement (Letters of the Ministry of Finance of October 23, 2017 No. 03-15-06 / 69113, letter of the Federal Tax Service of Russia of May 24, 2017 No. BS- 4-11/9763).

The accrual of contributions for additional tariffs must be carried out from the date of approval of the report on the implementation of the SATS (Letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3 / V-113).

Approximate cost of special valuation by region

The cost of the SUT depends on the total number of jobs to be assessed. As a rule, the price of SOUT depends on the category of the workplace:

• office workplace (manager, secretary, accountant, lawyer, programmer, etc.)
• workplace of the 1st category (installer, loader, nurse, waiter, doctor, etc.)
• workplace of the 2nd category (driver, welder, laboratory assistant, foundry worker, metallurgist, radiologist, etc.)

In Moscow, St. Petersburg, the standard price starts from 600 rubles. for 1 workplace, but many experts argue that SOUT 1 workplace cannot cost 600 rubles, since the cost of such work is much higher.

The cost of SOUT includes the costs of:

• wages for highly skilled workers
• overhead costs (rental of premises, maintenance of office equipment, software, electricity, etc.)
• depreciation of expensive equipment and devices, consumables

To reduce the cost of the company:

• inspection companies work remotely
• third-party specialists without the necessary qualifications are involved
• unverified devices are used
• results are copied (based on research in companies with similar activities)

The average economic substantiated cost of SOUT 1 workplace is from 2,500 to 4,000 rubles. This price is indicated in the letter of the Ministry of Labor of Russia No. 15-4 / 10 / P-3758 of 07/08/2014. Taking into account the category of complexity of the workplace (for example, a complex non-stationary workplace, the assessment of which requires the measurement of the maximum single or average shift concentration of several chemicals), the price can increase up to 3 times.

If the price of a special assessment of the workplace is lower than the economically justified price by more than 30% of the average market price, then this increases the risk of a fictitious assessment of the SOUT or an assessment according to the “simple option”, which does not correspond to established requirements, which leads to further penalties.

Articles in electronic journal"Simplification":

From the article you will learn:

1. How to prepare and document a special assessment of working conditions.

2. What are the stages of the process of conducting a special assessment of working conditions, what are the functions of the employer in this process.

3. How are the results of a special assessment of working conditions formalized and where should they be reflected.

4. What legislative and regulations be guided in the conduct of a special assessment of working conditions.

According to paragraph 3 of Art. 9 of Law No. 426-FZ, the commission for conducting a special assessment of working conditions should include, among other things, a labor protection specialist. However, not every employer has such a specialist, what to do in this case? In accordance with the Labor Code of the Russian Federation (Article 217), if the employer carries out production activities and the number of employees exceeds 50 people, then a labor protection service should be organized or a labor protection specialist should be allocated. If the number of employees does not exceed 50 people and in the absence of a separate service or specialist, the employer (individual entrepreneur or head of the organization) may assume the functions of labor protection, or transfer these functions to another employee, third-party specialist or organization involved under a civil contract. of a legal nature and providing labor protection services. Thus, in some cases, it is allowed to assign labor protection duties directly to the manager ( individual entrepreneur), however, regardless of who is appointed responsible, the documents on labor protection must be available and properly executed.

! Note: before conducting a special assessment of working conditions, the documentation on labor protection should be put in order (a log book of instructions on fire safety etc.) since representatives of a specialized organization conducting a special assessment of working conditions may request these documents. I consider it inappropriate to describe in detail the entire composition of the documents and the procedure for filling them out in this article; if necessary, you can find the relevant orders and recommendations of the Ministry of Labor of Russia (for example, “Methodological recommendations for the development of labor protection instructions” dated 05/13/2004). However, at a minimum, an order is required to appoint a person responsible for labor protection, as we found out, it can be full-time specialist or the labor protection service, an involved specialist or organization or the head himself (individual entrepreneur).

2. Determination of jobs subject to special assessment.

The commission determines the list of jobs for which a special assessment of working conditions will be carried out, and also identifies similar jobs. If there are similar jobs, a special assessment is carried out for 20 percent of such jobs (but not less than two), and the results are applied to all similar jobs.

Similar jobs are jobs that are located in the same type of industrial premises, equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, where employees work in the same profession, position, specialty, perform the same labor functions in the same working hours while conducting the same type of technological process using the same production equipment, tools, fixtures, materials and raw materials and are provided with the same personal protective equipment (clause 6, article 9 of law No. 426-FZ). For example, if two accountants work in the same office under the same conditions, then these places are considered similar. However, if a lawyer works in the same office under exactly the same conditions, then the lawyer's workplace is not the same as the accountant's workplace, since they have different positions.

! Note: before concluding an agreement with an organization conducting a special assessment of working conditions, it is necessary to check staffing other personnel documents (employment contracts, job descriptions etc.). The fact is that the special assessment is carried out in relation to the employer's jobs, the number and composition of which are determined precisely according to the staffing table. First of all, a specialized organization will request a staffing table and, in accordance with it, determine the composition of the jobs to be checked, and, accordingly, the cost of their services. That is, it is in the interests of the employer that the staffing table (its latest edition) be up-to-date, so that there are no “extra” positions in it (which, for example, were earlier, but then they were abolished or renamed, etc.). But at the same time, if you plan to create new jobs in the near future (a new department, new positions), then it is advisable to create and introduce them before conducting a special assessment of working conditions, since if this is done later, it will be necessary to conduct an unscheduled special assessment working conditions (Article 17 of Law No. 426-FZ).

3. Conclusion of an agreement with a specialized organization for a special assessment of working conditions.

Please note: a specialized organization must comply with certain requirements established by law (Article 19 of Law No. 426-FZ).

4. Identification by a specialized organization of potentially harmful and (or) hazardous production factors and their measurement (if such factors are identified).

5. Declaration of compliance of working conditions with state regulatory requirements for labor protection.

For workplaces where no hazardous factors have been identified, the employer submits to the labor inspectorate a declaration of compliance of working conditions with state regulatory requirements for labor protection.

The form and procedure for submitting the declaration are established by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n “On the form and procedure for filing a declaration of compliance of working conditions with state regulatory requirements for labor protection, the procedure for the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory requirements for labor protection”.

! note The Declaration of Conformity of Working Conditions is valid for five years. After this period, in the absence during the period of validity of the declaration of accidents at work (with the exception of those that occurred due to the fault of third parties) or the identification of occupational diseases caused by the impact on the employee harmful factors, the validity of this declaration is extended for another five years.

6. Distribution of jobs by classes and subclasses of harmfulness.

In relation to workplaces for which hazardous factors have been identified, a specialized organization conducting a special assessment assigns them to the appropriate classes and subclasses of hazard (harmfulness). The characteristics of classes and subclasses of danger are given in Art. 14 of Law No. 426-FZ. Just on the basis of this information, additional tariffs for insurance premiums to the Pension Fund are subsequently established.

7. Reporting.

Based on the results of a special assessment of working conditions, a specialized organization draws up a report on its conduct and submits the report to the representatives of the employer.

The information that must be reflected in the report is listed in paragraph 1 of Art. 15 of Law No. 426-FZ. The report is signed by all members of the employer's commission and approved by the chairman of the commission. In addition, within thirty days from the date of approval of the report, it is necessary to familiarize all employees with the results of the special assessment of working conditions, as well as post the summary results of the special assessment on the employer’s website, if any (clauses 5, 6, article 15 of Law No. 426-FZ) .

! Note: the fact of a special assessment of working conditions, as well as its results, must be reflected in the 4-FSS report in table 10 (you can download the report form and the filling procedure, and read about the changes in the 4-FSS form since 2014).

So, we examined the procedure for conducting a special assessment of working conditions. Now, I hope you have a clear idea of ​​how a special assessment is carried out, what to pay special attention to in preparation for its conduct and directly in the process. Well, in the next article we will understand, perhaps, the most relevant issue for an accountant related to a special assessment of working conditions - how to take into account the costs of its implementation.

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Legislation and regulations

1. Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions”

2. Labor Code of the Russian Federation

3. Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n “On the form and procedure for filing a declaration of compliance of working conditions with state regulatory requirements for labor protection, the procedure for the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory requirements for labor protection”

How to get acquainted with the official texts of these documents, find out in the section

The procedure for conducting the SATS is enshrined in law and in some parts contains fairly liberal provisions. For example, according to paragraph 6 of article 27, for some jobs, a special assessment can be carried out in stages and must be completed by 12/31/2018. However, the courts have an ambiguous approach to the interpretation of this provision and make conflicting decisions (for example, Rulings of November 11, 2014 No. 11-11968/2014 and February 26, 2015 No. 33-5865/15), and fines for not holding this event can be up to 200 000 rubles.

SOUT: timing

Special valuation working conditions for the first time must be carried out within a period not exceeding 12 months from the date of creation of a new workplace. If the organization has been operating for more than 12 months, and the certification of workplaces (AWP) or a special assessment of working conditions has never been carried out, then a special assessment must be carried out immediately or yesterday.

• safe work of its employees;
• labor protection of its employees;
• informing workers about the conditions in which they work, etc.

• safe working conditions;
• obtaining information about the conditions of harmfulness at their workplace.

That is, the employee has the right to require the employer to provide information on the degree of risk to his health, which may be exposed to harmful or dangerous production factors (even sitting in front of the monitor screen). And if the employer does not provide him with such information, the employee has the right to receive this information apply to the state supervision body for compliance with the law.

In this case, the employer will face a fine of up to 80,000 rubles and a written order on the need to organize a special assessment. Otherwise, an administrative suspension of the company's activities for up to 90 days may threaten.

Frequency of holding

The period of validity of the special assessment of working conditions is 5 years. The passage of time begins from the day the assessment report for each individual workplace is approved. The results of this event can be reduced to two options, when:

• no harmful factors were identified during the course;
• harmful factors are identified and classified accordingly.

Harmful factors have not been identified

If during the course of the special assessment no harmful and dangerous production factors were identified, such a workplace is subject to declaration to the territorial authority federal service on labor and employment for compliance of working conditions with the regulatory requirements of labor protection.

In this case, if within the next 5 years in relation to this workplace there are no reasons to conduct an unscheduled special assessment, then after this period it is not necessary to carry out a repeated SOUT, the validity of the declaration is considered automatically extended.

And in what terms it is necessary to do the SOUT in the future (if it needs to be done at all), the law does not say ..

Harmful factors identified and classified

In this case, the period of validity of the special assessment of working conditions is 5 years. Moreover, this does not mean that five years have passed and it is necessary to start organizing a new special assessment. By the expiration of the five-year period, the employer must have the results of the attestation ready, that is, no interruption is allowed.

Workplace certification

AWP is, in fact, the same as a special assessment, only with a different name. Therefore, if the employer carried out the AWS before 01/01/2014, then the current legislation allows him not to organize and not to conduct any additional events for the entire period of validity of the SOUT until the date of completion of the results of this certification, of course, if there are no grounds for conducting an unscheduled SOUT.

Terms of unscheduled SOUT

In the event of circumstances for an unscheduled special assessment, the legislation provides for two time periods - 6 and 12 months, depending on the reason.

6 months

A special assessment of working conditions must be carried out within the specified time if:

• the employer received an order to conduct an unscheduled special assessment;
• in production they begin to use new materials or raw materials that can harm the health of the employee;
• new means of individual and collective protection are being introduced (the class of harmfulness can be reduced, respectively, payments for harmfulness can be reduced);
• an accident has occurred (with the exception of an accident at work due to the fault of third parties);
• medical commission established fact occupational disease;
• a letter was received from the trade union about the need for an unscheduled special assessment.

12 months

SOUT must be carried out within the specified time if:

• new jobs are put into operation;
• technological processes, production equipment are changing, which can affect the level of exposure to harmful or hazardous production factors.

Timing of activities based on the results of the SOUT

From the date of approval of the report on the results of the SUT, the employer is obliged to:

• within 3 working days, notify the organization that conducted the SATS about the approval;
• no later than 30 calendar days, against signature, to familiarize employees with the results of the special assessment;
• no later than 30 calendar days, if there is a website on the Internet, post information about the results of the SAUT and the list of measures to improve labor protection conditions.

Shelf life of materials for a special assessment of working conditions

Deadline for compiling a report on the SOUT

It is established by the order of the employer when organizing this event at the stage of forming the commission.

Shelf life of SOUT materials

It is 45 years, however, if as a result of the SOUT, harmful or dangerous production factors are identified and working conditions are appropriately classified according to harmfulness and danger, such materials must be stored for 75 years.

Validity of SOUT materials

The materials based on the results of the special assessment are valid for the entire period of establishing the appropriate hazard class or the validity period of the declaration of compliance of working conditions with state regulatory requirements for labor protection.

Special assessment of working conditions- this is a single set of consistently implemented measures to identify harmful and (or) dangerous factors of the production environment and the labor process and assess the level of their impact on the employee, taking into account the deviation of their actual values ​​from the established hygienic standards of working conditions and the use of personal and collective protective equipment for workers.

Currently, the obligation of the employer to conduct a special assessment of working conditions is defined by Art. 212 Labor Code of the Russian Federation and the Federal Law of December 28, 2013 No. 426-FZ “On a special assessment of working conditions”. Special assessment of working conditions ( SOUT) was introduced on January 1, 2014 to replace workplace certification (AWP).

A special assessment of working conditions is carried out in order to:

Detection and identification of hazards in the workplace;

Assessing the compliance of working conditions at workplaces with labor protection requirements;

Monitoring of working conditions at workplaces with harmful and (or) dangerous working conditions;

Establishment of guarantees and compensations for workers employed at workplaces with harmful and (or) dangerous working conditions, provided for labor law;

Exemption of employers from paying insurance premiums to the Pension Fund of the Russian Federation at additional rates.

The results of a special assessment of working conditions are used for:

Development and implementation of measures aimed at improving the working conditions of employees;

Informing employees about working conditions in the workplace, about the existing risk of damage to their health, about measures to protect against the effects of harmful and (or) dangerous production factors and rely on employees working in jobs with harmful and (or) dangerous working conditions, guarantees and compensation;

Providing employees with personal protective equipment, as well as equipping workplaces with collective protective equipment;

Monitoring the state of working conditions in the workplace;

Organization of mandatory preliminary and periodic medical examinations workers;

Establishment of guarantees and compensations for employees;

Establishment of an additional rate of insurance premiums in Pension Fund Russian Federation, taking into account the class (subclass) of working conditions at the workplace;

Calculation of discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases;

Justification of financing measures to improve working conditions and labor protection, including at the expense of funds for the implementation of mandatory social insurance from accidents at work and occupational diseases;

preparations statistical reporting about working conditions;

Solving the issue of the relationship of diseases that have arisen among workers with the impact on workers at their workplaces of harmful and (or) dangerous production factors, as well as investigating accidents at work and occupational diseases;

Consideration and settlement of disagreements related to ensuring safe working conditions between employees and the employer and (or) their representatives;

View definitions sanitary services and medical support for employees, their volume and conditions for their provision;

Making decisions on the establishment of restrictions provided for by labor legislation for certain categories of employees;

Estimates of the levels of professional risks and other goals provided for federal laws and other regulatory legal acts of the Russian Federation.

Identification of potentially harmful and dangerous factors of the production environment and the labor process involves comparing and establishing the coincidence of the existing factors at the workplace with the factors provided for by the classifier of harmful and dangerous production factors.

Identification is carried out by an expert on SUT at all workplaces. It is not carried out only in relation to jobs that, according to the results of the AWP, were recognized as harmful or dangerous and in relation to jobs of “listed” (employees whose professions belong to Lists No. 1 and No. 2 on guarantees and compensation). For this group of workplaces and for workplaces where OVPFs were identified, instrumental measurements, at which the level of impact on the employee is determined and the class of working conditions is established.

SOUT are subject to all jobs, with the exception of workplaces of homeworkers, remote workers and workers who have entered into labor relations with individuals who are not individual entrepreneurs.

The frequency of the assessment remains the same - 1 time in 5 years, except for jobs that, as a result, received a positive evaluation. For them, declaration is provided, i.e. confirmation of compliance of working conditions with state standards in the field of labor protection.

The decision on declaring is made by the expert on special assessment based on the analysis carried out during the identification of factors. The employer, having drawn up the declaration in the prescribed form, is obliged to transfer it to the Ministry of Labor. The document is valid for five years, which is automatically extended without any research, if there are no accidents and occupational diseases at the workplace.

An unscheduled SOUT is carried out within six months from the moment of the occurrence of the following circumstances:

1) in case of commissioning of newly organized workplaces;

2) in case of accidents or at the request of the trade union organization or the GIT;

3) based on the results of the state examination of working conditions, conducted in order to assess the quality of the SOUT;

4) in the case of taking measures to bring working conditions in line with state regulatory requirements for labor protection, as well as measures to improve working conditions;

5) in cases of replacement of production equipment, changes in the technological process, changes in the means of collective protection.

At the same time, for each workplace, a new map SOUT subject to changes and additions. The results of the repeated SOUT are drawn up by the relevant protocols, while filling out a new card SOUT or changes to the map SOUT previously drawn up. Newly organized jobs are certified after they are put into operation, but no later than 60 working days after they are put into operation.

results SOUT are the basis for creating a data bank of existing working conditions at the level of organization, district, city, region, republic. Information about the results SOUT communicated to the employees of the organization. Documentation SOUT are materials strict accountability and are subject to storage for 45 years.

In accordance with Decree of the Government of the Russian Federation of April 25, 2003 No. 244 “On Approval of the Regulations on the State Expertise of Working Conditions in the Russian Federation”, state control over the quality of the SAUT is assigned to the bodies of the State Labor Inspectorate and the State Expertise of working conditions in the Russian Federation. The head of the organization is responsible for the implementation of the SOUT.

The normative basis for conducting the SOUT are:

R 2.2.2006-05 "Hygienic criteria for assessing and classifying working conditions in terms of harmfulness and danger of factors in the working environment, the severity and intensity of the labor process";

Sanitary norms and rules, hygienic standards;

Model industry standards for the free issue of special clothing, special footwear and other personal protective equipment to workers and employees, approved by a decree of the Ministry of Labor of the Russian Federation with subsequent changes and additions;

List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the decision of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of 25.17.74 No. 298 / P-22 , with subsequent changes and additions;

Lists No. 1 and No. 2 of industries, jobs, professions, positions and indicators that give the right to preferential pension provision, approved by Decree of the Cabinet of Ministers of the USSR of 01.26.91 No. 10 and put into effect on the territory of Russia from 01.01. 92 by the Decree of the Council of Ministers of the RSFSR dated 02.10.91 No. 517 (with subsequent additions and clarifications);

Normative legal acts containing state regulatory requirements for labor protection.

For the organization and conduct of the SOUT, an appropriate order is issued, an attestation commission of the enterprise is created, the terms and schedule for the attestation work are determined.

At the same time, the composition attestation commission organizations include representatives of the employer, a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees. Managers may be included in the commission as representatives of the employer structural divisions organizations, lawyers, human resources specialists, labor and wages, the main specialists of the organization, medical workers and etc.

Certifying organization- an independent organization that provides services for attestation of workplaces in terms of working conditions to third-party organizations, which has a laboratory accredited in in due course for the right to carry out measurements and assess harmful factors working environment and the labor process, assessing the safety of workplaces, assessing the provision of workers with personal protective equipment. The attesting organization must be independent (not affiliated) in relation to the organization in which the attestation of workplaces is carried out.

The list of services in the field of labor protection, for the provision of which accreditation is required, and the Rules for the accreditation of organizations providing services in the field of labor protection were approved by order of the Ministry of Health and Social Development of Russia dated April 1, 2010 No. 205n “On approval of the list of services in the field of labor protection, for the provision of which accreditation, and the Rules for accreditation of organizations providing services in the field of labor protection”. Certification of workplaces in terms of working conditions is included in the corresponding list of services.