No special assessment of working conditions was carried out. What is a special assessment of working conditions? Special assessment of working conditions: timing

Special assessment of working conditions, or SOUT for short, is an analysis of noise, radioactive radiation, light, harmful fumes and other factors in the workplace.

A workplace is everything an employee works with: a room, a table, a chair, a computer, a lamp, a nearby window. A special assessment determines whether an employer needs to give milk to employees because it is harmful.

Working conditions are:

• dangerous;
• harmful;
• acceptable;
• optimal.

If conditions are acceptable or optimal, nothing needs to be done. In case of harmful or dangerous conditions, the employer increases insurance premiums for employees, and the employee can retire earlier.

An expert conducts a workplace assessment and writes a conclusion:

The expert decided that everything was fine with the CEO’s workplace, there was no danger or harm

According to the law “On Special Assessment of Conditions,” the employer does not have the right to decide for himself what his working conditions are. Conditions are classified only by a company accredited by the Ministry of Labor.

Fines up to two hundred thousand, if there is no special assessment

Special assessment is a mandatory inspection of workplaces. The labor inspectorate monitors the special assessment; if there is no special assessment, the employer will face a fine. “The special assessment of working conditions must be completed no later than December 31, 2018” - a quote from the assessment law.

For the first time, the inspectorate warns the employer for the absence of a special assessment and asks the employer to improve. For repeated violations, the inspector has the right to prohibit the director from working as a director for up to three years, and to issue the employer the maximum fines:

• Individual entrepreneur - up to 40,000 rubles;
• companies - up to 200,000 rubles.

The inspection finds out that the company does not have a special assessment in two cases:

• during scheduled inspection. The inspection requests the company to provide a labor assessment along with other documents or only the assessment;
• during an inspection based on employee complaints.

In my practice, there were cases: the manager wrote a complaint about the delay in salary - the inspectorate asked the employer employment contract and special assessment.

If there is no special assessment, the inspection gives twenty working days to carry it out. This time is not enough, because the special assessment takes on average one and a half months. If the employer fails to do so, the inspector has the right to issue a fine as for a repeated violation.

The client contacted me when he received a suggestion from the inspectorate. To avoid a fine, I found a company that would conduct an assessment, signed an agreement with it and told the inspector about it. The inspector saw that the employer had begun to improve and did not issue a fine. My advice: if there is no assessment and the inspection has noticed this, find an appraiser and report it to the inspection. There is a chance to avoid a fine.

Special assessment is required for everyone

A special assessment is mandatory for all employers: for a metallurgical plant, contact center, pharmacy and men's shirt store. There is at least one employment contract - there must be a special assessment of working conditions.

Job evaluation analyzes workplace employees. If an employee works outside the office, an assessment is not required. IN labor code such employees are called “homeworkers” and “telecommuters.”

A common example of a remote employee is a call center operator. He speaks to clients from home, so the employer is not responsible for noisy neighbors, radiation and emissions from the plant below the window.

In order for the inspector to be convinced of remote work, I advise you to write in the employment contract that we are talking about work outside the office. Otherwise, you might think that the operator works either from home or from the office.

Special assessment - once every five years

The employer is required to conduct a special assessment once every five years, this is the standard period. There are cases when it needs to be done earlier:

• the company moved to another office - a special assessment will be required for new jobs;
• issued an order for a new workplace. Previously, there were ten people sitting in the office, now they have made more room, and another table and chair have been added to them for the new employee;
• supplied new equipment or changed production technology. Previously, employees assembled door locks by hand, but now on an assembly line;
• did not follow, and an accident occurred;
• The employee's responsibilities have changed. Previously, the inspector checked quality using reports, now he goes to the production site to check.

Until 2014, the special assessment was called “job certification”; certification was also mandatory and was valid for five years. If the employer has carried out the assessment and has not passed the five-year certification period, the special assessment may not be done.

There is a question that clients often ask: is it necessary to conduct an unscheduled special assessment if I have renamed an employee’s position. The store was staffed by sales consultants and became sales managers. If the workplace and responsibilities have not changed, a new special assessment is not needed.

The employer spends a week on a special assessment

A special assessment of working conditions takes an average of one and a half months. The special assessment is carried out by the contractor, but the employer will be required to organize it. According to customer experience, it takes a week to organize. Here's what the employer does:

• chooses a company who will conduct the assessment and sign the contract;
• prepares an order to create a commission;
• hands over documents to appraisers. For example, employment contracts and job descriptions. You will also need a list of jobs and a special assessment schedule;
• asks employees to sign job cards- this is a description of the conditions, and then sign additional agreements to the employment contracts. In the additional agreement - exactly those cards;
• submits a declaration about a special assessment to the labor inspectorate.

The special appraiser is represented by a manager, engineers and an expert:

• the manager requests documents, for example, job descriptions, employment contracts, vacation schedules, and clarifies details - whether teenagers or pregnant women work in the company;
• an engineer comes to an office or production site, takes measurements of noise, lighting, radiation and other harmful factors;
• the expert analyzes the measurements and prepares a conclusion;
• the manager issues a report to the employer, an expert opinion, cards of working conditions of the workplace and recommendations on what can be improved.

The assessment goes unnoticed. During measurements, engineers do not distract anyone; the director does not need to give them a separate room or feed them lunch.

Appraiser - from the Rostrud register

The special assessment is carried out not by the employer himself, but by special purpose company. I advise you to choose according to two criteria: accreditation by Rostrud and price.

Accreditation. Only accredited companies from the Rostrud list have the right to conduct a special assessment of working conditions. There are 521 companies on the list.

It was possible to open the register of appraisers only through Google tables. The table contains company names and contacts

Companies with accreditation receive a notification on letterhead and with the seal of the ministry:

Price. Appraisers set their own prices. From experience, the price depends on the number of jobs: ten places - a thousand rubles each, one hundred places - eight hundred rubles.

The price may depend not only on the number of seats; it is influenced by factors that will be assessed, for example, noise and vibration measurements. For example, the cost of the “Expertise” appraiser.

It is not clear from the table what is included in the cost of a workplace assessment and what factors I need

It’s better not only to look at prices on the website, but to call and ask. I called Expertise and found out: a special assessment of a workplace in a bakery with all measurements will cost 1,200 rubles.

On average, a special assessment for an office of twenty people costs twenty thousand rubles, for catering - thirty.

Commission for special assessment

Once the employer has found an appraiser, it is time to prepare for the appraisal. The first step is to assemble a commission, this is a legal requirement. The commission must have an odd number of participants, no less than three.

The list of commission members is not strict; anyone can be included. Usually this CEO, occupational safety specialist or personnel officer, trade union representative, if there is one.

To collect the commission, the employer prepares an order. There is no order official form, the only requirement is to tell the essence: who is going, why and in what composition.

The task of the commission is to collect documents for the appraiser, obtain his conclusion, analyze and transmit the results of the labor inspection. It is not necessary to gather in one room: you can help and discuss the assessment results via WhatsApp or email.

Documents for special assessment

So, the employer chose an appraiser and collected a commission. Now it’s time for the documents that will be needed for the assessment:

• order with a list of jobs;
• special assessment schedule;
• job cards and additional agreements with employees.

Templates for all documents are on the Rostrud website; you don’t need to come up with anything from scratch.

Order with a list of jobs. The purpose of the order is to determine how many jobs need to be assessed. The minimum number of places with a grade is one, there is no maximum.

Additional agreements. An additional agreement will be required to update the job description. Example of an additional agreement:

Description of workplace conditions - as from a card from the appraiser

The main thing in the additional agreement is to talk about the workplace: there is no harm, there is no danger, everything is in order. Or vice versa: there is harmful factors, and the employee has the right to receive compensation and benefits.

Declaration for labor inspection

The employer has 30 days after the special assessment to submit a declaration to the labor inspectorate. It is called “On the compliance of working conditions with state regulatory requirements for labor protection.”

The employer fills out the declaration in a strict form. If you fill it out incorrectly, with errors or in free form, the inspection will not accept the declaration. And without a piece of paper there is no special assessment.

The employer has three options for submitting the declaration:

• bring in person;
• send by mail with a list of attachments and notification of delivery;

Get an electronic signature

• submit through the Rostrud website.

To send a declaration via the website, you will need an electronic digital signature

Special assessment is a hassle. And it may happen that you will pass a special assessment, pay money, and no one will ever ask. But it’s the same as with all the rules: it’s better to go through and forget for five years than to one day receive an unpleasant request from the inspectorate.

" № 10/2016

What deadlines are established for assessing working conditions at workplaces? In what cases should an employer conduct unscheduled inspection? Who can be subject to a phased special assessment? What liability is provided for violations of the assessment procedure?

We have already written more than once on the pages of our magazine about the procedure for conducting a special assessment of working conditions at workplaces. But since this procedure is quite new, mistakes are often made during its implementation, which result either in fines, and not at all small ones, or in legal proceedings with employees. After all, they have the right to challenge the assessment results. In addition, some employers who have not yet conducted a special assessment are subject to administrative liability for failure to conduct it. But based on judicial practice, which is starting to take shape, it is not always legal. In this article, using examples of court decisions, we will consider what violations employers may commit in the field of special assessment.

Timing of the special assessment.

Perhaps one of the main questions that interests many employers who have not yet conducted a special assessment of working conditions in their workplaces is when should they do this?

Let us first turn to clause 4 of Art. 8 of Federal Law No. 426-FZ of December 28, 2013 “On special assessment of working conditions” (hereinafter referred to as Law No. 426-FZ), according to which it is carried out at least once every five years, unless otherwise provided by this law.

Moreover, by virtue of clause 4 of Art. 27 of Law No. 426-FZ, if before the day this law came into force, that is, before 01/01/2014, certification of working conditions was carried out in relation to workplaces, a special assessment of working conditions in relation to such workplaces may not be carried out during five years from the date of completion of certification. In this case, the results of the latter are used in the same way as the results of the special assessment, for the purposes specified in Art. 7 of Law No. 426-FZ.

However, there are exceptions to the rule.

1. The employer must conduct an unscheduled special assessment working conditions in cases established by Art. 17 of Law No. 426-FZ:

• commissioning of newly organized workplaces (clause 1, part 1);
• receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment in connection with those identified during the supervision of compliance labor legislation violations of the requirements of Law No. 426-FZ and other labor protection requirements (clause 2, part 1);
• change technological process, replacement production equipment, which can influence the level of exposure to harmful and (or) hazardous production factors for employees (clause 3, part 1);
• changes in the composition of materials and (or) raw materials used that can influence the level of exposure to harmful and (or) hazardous production factors on workers (clause 4, part 1);
• 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 (clause 5, part 1);
• an industrial accident that occurred at the workplace (except for the case that occurred due to the fault of third parties) or a detected Occupational Illness, the reasons for which were the impact on the employee of harmful and (or) dangerous production factors (clause 6, part 1);
• the presence of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers to conduct an unscheduled special assessment of working conditions (clause 7, part 1).

The period for conducting an unscheduled inspection is 12 months from the date of occurrence of the cases specified in paragraphs 1 and 3 of Part 1 of Art. 17 of Law No. 426-FZ, and 6 months from the date of occurrence of the cases specified in paragraph 2, 4 - 7, part 1 of Art. 17 of Law No. 426-FZ.

For your information

Until May 1, 2016, the period for conducting an unscheduled inspection for all cases was six months.

2. In relation to the jobs specified in Part 7 of Art. 9 of Law No. 426-FZ, a special assessment of working conditions is carried out taking into account the specifics established by the Ministry of Labor in agreement with the federal executive body exercising the functions of developing public policy and legal regulation in the relevant field of activity. Until such features are established, it applies general order, provided for by Law No. 426-FZ.

note

List of jobs in organizations carrying out individual species activities in respect of which a special assessment of working conditions is carried out taking into account the specifics established by the authorized federal executive body, was approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290.

We also note that according to Part 6 of Art. 27 of Law No. 426-FZ in relation to jobs not specified in Part 6 of Art. 10 of Law No. 426-FZ, a special assessment of working conditions can be carried out in stages and must be completed no later than December 31, 2018.

A step-by-step special assessment procedure cannot be carried out in relation to jobs
Workers, professions, positions, specialties of which are included in the lists of works, industries, professions, positions, specialties, taking into account which an old-age pension is granted early	In connection with work where, in accordance with legislative and other regulatory legal acts, 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 working conditions or special assessments, harmful and (or) hazardous conditions labor

We can conclude that the employer must conduct a special assessment of working conditions at the organization’s workplaces:

1. After five years from the date of certification of workplaces,
carried out before 01/01/2014.

And finally, violations committed during the assessment were identified by the chief specialist of the labor protection department, who carried out a state examination of the quality of the special assessment of the working conditions of the neurosurgeon’s workplace based on the determination of the judicial panel.

The results of the special assessment were declared invalid (Appeal ruling of the Sverdlovsk Regional Court dated June 24, 2016 in case No. 33-6870/2016).

Incorrect application of the results of a special assessment. Situations are possible when an employer, when providing compensation to an employee for work in hazardous conditions, is guided only by the results of a special assessment. But this is not enough in all cases. The requirements of other federal laws should also be taken into account.

The employee filed a lawsuit against the FKUZ MSCh-10 of the Federal Penitentiary Service of Russia (hereinafter referred to as the FKUZ) to provide her with additional paid leave for 2015 in connection with the performance of the duties of paramedical personnel, work in hazardous conditions and in accordance with the Law of the Russian Federation of July 2, 1992 No. 3185 -1 “On psychiatric care and guarantees of the rights of citizens during its provision” (hereinafter referred to as Law No. 3185-1).

The employer, justifying his refusal to provide leave, indicated that according to the special assessment card, the plaintiff’s workplace has 2nd class working conditions, which are safe by law, respectively additional leave she's not supposed to. In addition, the employee’s position is not included in the list of employees providing mental health care who are granted additional leave in accordance with Decree of the Government of the Russian Federation dated 06.06.2013 No. 482 (hereinafter referred to as Decree No. 482).

However, by a court decision, the claim was satisfied and the FKUZ was obliged to provide this medical worker involved in the provision of mental health care with additional annual paid leave for 2015, and here’s why.

The specified leave is provided to employees whose working conditions at their workplaces, based on the results of a special assessment, are classified as harmful of the 2nd, 3rd or 4th degree or dangerous (Article 117 of the Labor Code of the Russian Federation).

In accordance with paragraph. 1 and 2 hours 1 tbsp. 22 of Law No. 3185-1, medical and other workers involved in the provision of mental health care have the right:

• for reduced working hours;
• for annual additional paid leave for work with harmful and (or) dangerous working conditions in accordance with the legislation of the Russian Federation.

Law No. 3185-1 also provides that these guarantees to other workers involved in the provision of mental health care medical organizations, subordinate to federal executive authorities, state academies of sciences, medical organizations, subordinate executive bodies state power subjects of the Russian Federation, as well as other employees from among the civilian personnel of military units, institutions and divisions of federal executive authorities, in which the law provides for military and equivalent service, are provided based on the results of a special assessment of working conditions (paragraph 4, part 1, article 22 law).

For your information

According to the list approved by Resolution No. 482, medical workers Those involved in the provision of psychiatric care, nursing and junior medical personnel (except for medical statistics), the duration of the annual additional paid leave is 35 calendar days.

Having established that L.N.A. is a medical worker directly involved in the provision of psychiatric care (medical ward nurse of the psychoneurological department of the Federal Clinical Hospital), and guided by Art. 22 of Law No. 3185-1, Resolution No. 482, the court confirmed that the provision of leave based on the results of a special assessment is provided for other employees involved in the provision of mental health care, to which the plaintiff does not belong. At the same time, the emergence of the right to annual additional paid leave for work in harmful and (or) dangerous conditions for medical workers involved in the provision of mental health care does not depend on the class of working conditions established by the special assessment, which is provided for other employees of medical organizations in accordance with paragraph . 4 hours 1 tbsp. 22 of Law No. 3185-1.

The panel of judges agreed with these conclusions of the court of first instance (Appeal ruling of the Supreme Court of the Republic of Karelia dated March 11, 2016 in case No. 33-719/2016).

Working conditions in the employment contract.

To prevent the occurrence of another mistake for which the employer may be held liable, let’s say a few words about the employment contract, namely about one of its mandatory conditions– on guarantees and compensation for work with harmful and (or) dangerous conditions, if the employee is accepted for such work, indicating the characteristics of working conditions in the workplace.

The Ministry of Labor, in Letter No. 15-1/OOG-2516 dated July 14, 2016, explained how this clause is introduced after a special assessment and what to write in the employment contract before it is carried out.

So, if a special assessment has been carried out in your organization, you need to supplement the employment contract with information about the class (subclass) of working conditions at the employee’s workplace, list the guarantees and compensation due to him.

The employer is obliged to notify the employee about upcoming changes to the terms of the employment contract, as well as about the reasons that necessitated the changes. writing no later than two months in accordance with Art. 74 Labor Code of the Russian Federation.

Notifying an employee of a change in the employment contract will not be considered a written acquaintance with the results of the special assessment. The employee must be familiarized with a special assessment card of working conditions at his workplace against signature.

note

If an employee is accepted into a newly organized workplace where an assessment of working conditions has not previously been carried out, then before it is carried out, the employment contract with the person accepted for such a workplace may indicate his General characteristics(description of the workplace, equipment used and features of working with it).

At the same time, guarantees (compensations) for work in harmful and (or) dangerous conditions based on the results of a special assessment begin to be provided from the day its results come into force (from the moment the report on its implementation is approved).

Before the special assessment, employers should determine the possibility of compensating employees for harmful (dangerous) factors, if they are eventually identified.

In conclusion, we draw the attention of employers who have not yet conducted a special assessment to the following: do not forget that you not only have the obligation to ensure that it is carried out, but also the right to demand that the organization conducting it justify the assessment results. Take this review seriously, as both your mistakes and those of the organization conducting the assessment could lead to lawsuits against employees.

“On amendments to certain legislative acts Russian Federation in connection with the adoption of the Federal Law “On Special Assessment of Working Conditions”.

“On the duration of annual additional paid leave for work with harmful and (or) dangerous working conditions, provided to certain categories of workers.”

About 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, accompanied by 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) hazardous production factors that were identified at these workplaces;

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

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

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

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

7) summary sheet of special assessment of working conditions;

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

9) conclusions of an expert from 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 it is sent 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 express in writing a reasoned dissenting opinion, which is attached to this report.

(see text in the previous edition)

3. The form of the report on the special assessment of working conditions and instructions for filling it out are approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor.

(see text in the previous edition)

5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature within 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 incapacity for work of the employee, being on vacation or a business trip, or 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 of any in an accessible way, providing the opportunity to confirm the fact of such notification, and also send to her a copy of the approved report on the special assessment of working conditions by registered by post with acknowledgment of delivery or in the form electronic document, signed by a strengthened qualified electronic signature. If the report on a special assessment of working conditions contains information constituting a state or other secret protected by law, a copy of the said report is sent taking into account the requirements of the legislation of the Russian Federation on state and other secret protected by law.

(see text in the 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 posting on its official website on the information and telecommunications network "Internet" (if such a website exists) of summary data on the results of the special assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out, no later than thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.

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

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

Step 1. Publication of regulatory documents

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

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

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

Step 2. Preparation of a draft contract

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

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

These are all the necessary papers that allow us to take into account the obligations of both parties, as well as the possible participation of third parties.

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

Standard contract

Step 3. Selecting an organization to conduct

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

On August 1, 2019, the Government approved and sent for approval to the State Duma changes to the federal law dated December 28, 2013 N 426-FZ, according to which, when concluding an agreement for carrying out special assessment and assessment, appraisers will be obliged to:

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

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

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

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

Step 4. Filling out the list of jobs

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

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

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

Step 5. Preparing for the procedure

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

Step 6. Taking measurements

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

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

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

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

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

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

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

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

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

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

Step 8. Familiarization of employees with the results

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

Step 9. Posting information

Data placement includes the following steps:

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

Fines

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

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

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

From January 1, 2014, employers are required to conduct a special assessment of working conditions (Federal Law No. 426-FZ of December 28, 2013; hereinafter referred to as Law No. 426-FZ). This procedure was introduced instead of workplace certification and largely repeats it.

On December 31, 2018, the period when employers could stage-by-stage conduct a special assessment of working conditions in relation to workplaces where potentially harmful and (or) hazardous production factors were identified was completed. It's about about the so-called safe, “non-listed” jobs, that is, not listed in. Essentially, jobs fall into this category. In addition, only until this date could the results of a previously conducted certification of workplaces be valid (letter of the Ministry of Labor of Russia dated June 1, 2018 No. 15-4/10/B-4010 "").

Thus, the period during which it was necessary to complete the SOUT has already expired for employers. From January 1, those who fail to fulfill this obligation may be held liable. We note that responsibility for this part does not depend on the number of employees whose labor rights were violated ().

Can a special assessment of working conditions at a vacant workplace be carried out? Find out the answer in "Encyclopedia of solutions. Labor Relations, personnel" Internet version of the GARANT system. Get free access for 3 days!

However, firstly, a special assessment should be carried out as soon as possible by those who were late - in particular, the Russian Ministry of Labor should implement a mechanism for preventing violations in relation to small businesses and individual entrepreneurs, within the framework of which the employer will first be sent a warning about the inadmissibility of violating labor protection requirements, and only in case of non-compliance will they be fined.

In addition, a special assessment can be carried out for the first time by those who have just created new jobs. A year is allotted for this from the moment of their formation. That is, if a workplace was created in December 2018, then the deadline for completing the SOUT is December 2019.

Both categories of employers will find our instructions very useful. During the special assessment, they need to take into account a number of features in order to avoid administrative liability for violation established order conducting a special assessment for the same.

Let us consider the procedure for carrying out this procedure in more detail.

Step 1. Issue an order to form a commission to conduct a special assessment of working conditions

Having made a decision to conduct a special assessment of working conditions, the head of the organization must issue a corresponding order, defining in it the composition of the commission for conducting such a special assessment, including the head, as well as the procedure for its activities. In this case, the number of commission members must be odd, and a labor protection specialist must be included in its composition (). The head of the commission, as a rule, is appointed general director ().

Step 2. Approve the list of workplaces for special assessment

The list of jobs for which a special assessment must be carried out, including similar ones, is determined by a commission created by the employer ().

A special assessment in the presence of similar jobs is carried out only in relation to 20% of their total number, but in any case there should be more than two (). The results of the special assessment are applied to all similar workplaces.

OUR HELP

Similar workplaces are workplaces that are located in one or more similar production premises, equipped with the same or the same type of ventilation, air conditioning, heating and lighting systems, in which workers work in the same profession, position, specialty, perform the same labor functions in the same working hours when conducting the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment ().

Step 3. Issue an order approving the schedule for a special assessment of working conditions

Simultaneously with determining the list of workplaces in respect of which a special assessment of working conditions should be carried out, the commission draws up a schedule for conducting a special assessment. It must be approved by the relevant order of the head of the organization.

When drawing up this schedule, the following should be considered.

By general rule, a special assessment is carried out in relation to each workplace, including office premises, at least once every five years ().

If the employer had not previously carried out a special assessment of working conditions, it had to be carried out no later than December 31, 2018 (). However, the law allowed this to be done in stages.

The exceptions are jobs:

• those employees whose profession, position or specialty gives them;
• work for which gives the right to guarantees and compensation for work;
• in which, based on the results of previously conducted certification of workplaces for working conditions or a special assessment of working conditions, harmful and/or dangerous working conditions were established ().

A special assessment of these jobs had to be carried out as a matter of priority, without dividing into stages (). For failure to fulfill this obligation, the employer faces administrative liability, including a fine of up to 10 thousand rubles for officials and individual entrepreneurs, up to 80 thousand rubles. - For legal entities ().

If, before December 31, 2013, the employer certified workplaces for working conditions, a special assessment in relation to these workplaces may not be carried out for five years from the date of completion of the certification ().

In addition, in addition to the planned special assessment of workplaces, the employer is obliged to conduct an unscheduled one - for example, when commissioning newly organized workplaces, changing the technological process, receiving an appropriate order from the State Labor Inspectorate, etc. (). The period during which an unscheduled special assessment of working conditions must be carried out ranges from 6 to 12 months, depending on the basis for its conduct ().

Step 4. Conclude an agreement with a specialized organization to conduct a special assessment of working conditions

To conduct a special assessment of working conditions, the employer must conclude an appropriate agreement with the selected specialized organization (,). The register of accredited organizations can be found on the website of the Russian Ministry of Labor (http://akot.rosmintrud.ru/).

Step 5. Transfer the necessary information, documents and information to the organization conducting the special assessment of working conditions

As soon as an agreement with a specialized organization is concluded, the employer is obliged to provide it with information, documents and information characterizing working conditions in the workplace (for example, technological documentation, building construction projects, etc.).

Step 6. Approve the results of identification of potentially harmful and/or dangerous production factors

When conducting a special assessment of working conditions, a specialized organization identifies potentially harmful and/or dangerous production factors. The results of this identification, upon completion, are approved by a commission created by the employer ().

The organization then proceeds to measure the actual values ​​of harmful and/or hazardous factors, if any were identified (). Based on the results of the study, an expert from a specialized organization classifies working conditions in the workplace according to the degree of harmfulness and/or danger into optimal, acceptable, harmful and dangerous (,).

Step 7. Approve the report on the special assessment of working conditions

Based on the results of the special assessment, the organization draws up a report, which must be signed by all members of the commission created by the employer and approved by its chairman (). A member of the commission who does not agree with the results of a special assessment of working conditions may express his motivated opinion in writing and attach it to the report.

Step 8. Notify the specialized organization about the approval of the report on the special assessment of working conditions

Within three working days from the date of approval of the report on the special assessment of working conditions, the employer is obliged to notify the specialized organization about this, and also send to it a copy of the approved report (). This can be done in any available way that provides the opportunity to confirm the fact of such notification.

Step 9. Submit a declaration of compliance of working conditions with state regulatory requirements for labor protection

If the presence of harmful and/or hazardous production factors was not identified based on the identification results, or if, based on the results of measurements, working conditions in the workplace are considered optimal or acceptable, the employer must notify the labor inspectorate at the location of the organization (). To do this, working conditions must comply with state regulatory requirements for labor protection (approved). The employer must submit this declaration within 30 working days from the date of approval of the report on the special assessment (approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).

It should be noted that until May 1, 2016, the employer indicated in the declaration only information about the absence of harmful and/or dangerous production factors. In this regard, if, based on the results of measurements carried out before May 1, 2016, working conditions in relation to other workplaces were considered optimal or acceptable, the employer must submit an updated declaration to the labor inspectorate including these workplaces ().

Step 10. Familiarize workers with the report on the special assessment of working conditions

Within no later than 30 calendar days from the date of approval of the report on the special assessment, the employer must familiarize employees with the results of the special assessment against signature (). The specified 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.

Step 11. Post the results of the special assessment on the organization’s website

Within 30 calendar days after approval of the report on a special assessment of working conditions, the employer should post summary data on the results of the special assessment on its official website - if available ().

Information posted on the website must contain information:

• on establishing classes (subclasses) of working conditions in the workplace;
• on the list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out.

To do this, you need to reflect the relevant data in (approved by order of the FSS of Russia dated September 26, 2016 No. 381).

Step 13. Apply the results of a special assessment of working conditions

The results of the special assessment influence the establishment of guarantees and compensation for employees. Thus, employees whose working conditions in their workplaces are recognized as harmful, depending on the degree of harmfulness, have the right to a shortened workweek of no more than 36 hours, additional leave of at least seven calendar days and/or compensation in the amount of 4% of salary (,).

In addition, a clause on working conditions at the relevant workplace must be included in the employment contract with new employees (). And changes should be made to contracts with existing employees by concluding an appropriate additional agreement with them ().