Transition from workplace certification to a special assessment of working conditions. Quality criteria and requirements for laboratories according to SOUT. Register of laboratories and experts. Preparation for carrying out SOUT. Creation of a commission for a special assessment of working conditions. Tasks of the commission. Identification of similar jobs. Analogy and shift. Difference between a workplace and a work area. Agreement with an organization conducting a special assessment of working conditions. The role of the employee in conducting SOUT.

Carrying out SOUT. Identification of potentially harmful and hazardous factors. Instrumental research and measurements of harmful and dangerous production factors, their assessment. Classification of working conditions. Declaration of working conditions. Updated declaration. Completion of work on a special assessment of working conditions. Laboratory report.

Using the results of SOUT. Types and amounts of compensation based on the results of a special assessment of working conditions. Application of increasing coefficients for insurance premiums.

Workplaces for which a special assessment is carried out taking into account the characteristics.

Special assessment working conditions (SOUT) replaced the Certification of Workplaces (AWC) from the beginning of 2014. The procedure for carrying out the special assessment is determined by the federal law dated December 28, 2013 N 426-FZ "On special assessment of working conditions." Since its adoption, it has been amended several times, the most recent of which (to date) was on May 1, 2016.

In 2014, not only the name of the procedure changed, but also the fundamental approach to determining hazards in the workplace.

Why was the transition to a special assessment of working conditions necessary?

Among the prerequisites for leaving the workplace certification mechanism, the following were particularly loud:

• Low motivation of employers, their insufficient administrative responsibility;
• High cost of work;
• Low quality of work on automated workplaces due to insufficient responsibility of performers (laboratories).

What do we have today?

The responsibility of employers has increased with the adoption of changes to the Code of Administrative Offenses, but not in terms of interest in the quality of work, in the very fact of carrying out the SAUT procedure.

The price of work has indeed become very low. Today at tenders you can see a price drop of less than one hundred rubles per workplace. Unfortunately, this is not due to the methodology, but to the same disinterest in quality, both on the part of the customer and on the part of the contractor. A huge number of laboratories are ready to take orders with a minimum payment, since they were not going to not only competently carry out the work of establishing harmfulness in the workplace, but often even come to take measurements.

The responsibility of performers was increased, including through the introduction of the concept of “expert”. This is the laboratory employee who is personally responsible for the work done on the special assessment. They become experts after passing the certification procedure.

Today there are two types of laboratories. Organizations that carried out Certification of workplaces during the transition period (until 2018) have the right to carry out work on SOUT without undergoing new accreditation and without involving experts in the work. As you can imagine, this fact further aggravates the sadness of the situation.

Not mandatory, but one of the essential criteria when choosing a contractor is the presence of a laboratory in the new register of accredited organizations.

The register of organizations conducting special labor assessments can be found on the website of the Ministry of Labor and Social Protection Russian Federation

It would be a good idea to check whether the expert who conducts the SOUT for you has a valid certificate.

A special assessment is carried out by the employer together with an organization that meets the requirements of Article 19 of Federal Law N426-FZ, which is involved on the basis of a civil contract.

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

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

2) the presence of at least five experts in the organization;

3) the presence as a structural unit of a testing laboratory (center), which is accredited by the Russian Accreditation Agency.

Preparing for a special assessment

To organize and conduct special assessment procedures, the employer forms a commission to conduct a special assessment, the number of members of which must be odd. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any).

The chairman of the commission is the employer or his representative. If someone other than the director is appointed as the chairman of the commission, then do not forget that he is the one who will have to sign and stamp all documents, and he must have the appropriate authority.

Please note that laboratory staff are not members of the committee.

Federal Law No. 426-FZ does not require mandatory special training for commission members.

A little history.

In general, the requirement to train commission members was last mentioned in Order of the Ministry of Health and Social Development of the Russian Federation dated August 31, 2007 N 569 “On approval of the Procedure for certifying workplaces based on working conditions.” With its replacement by Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n “On approval of the Procedure for certification of workplaces according to working conditions.” This requirement has disappeared. Around the same time, it was planned to change the procedure for training in labor protection approved by Resolution of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation dated January 13, 2003 N 1/29 “On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations.” IN new edition order, a corresponding category of students had to appear.

However, the procedure was not changed; everyone forgot about training the commission members.

Nothing has changed with the adoption of Law No. 426 on special assessment.

Tasks of the commission for special assessment of working conditions

The commission approves the schedule for carrying out the SOUT. The schedule indicates the stages of work and the deadlines for their completion.

The schedule can be drawn up by a separate order, included in the text of the order for carrying out the Special Operations Operations, or issued as an appendix to it.

Before the start of work, the commission approves a list of workplaces to be assessed, indicating similar workplaces. This is also important for determining the cost of work.

Similar jobs- Those who:

• located in one or more similar production premises (production areas);
• equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
• the same professions, positions, specialties;
• identical job functions;
• same working hours;
• maintaining the same type of technological process;
• use of the same: production equipment, tools, devices, materials and raw materials;
• provided with the same PPE.

If jobs are recognized as similar, 20% of the total number of such places, but strictly not less than two, are subject to assessment. The results obtained apply to all similar places(Part 1 of Article 16 of Law No. 426-FZ).

The list of jobs is signed by all members of the commission and approved by its chairman (Parts 4, 5, Article 9 of Law No. 426-FZ).

During shift work, similarity of workplaces does not apply.

Example 1

In an office, four accountants work in one room on the same schedule. The number of jobs for the list will be two. (20% at least 2).

Example 2

They work in the same office Chief Accountant and three more ordinary accountants. Three cards will be issued. One for the chief accountant and two cards for three accountants, taking into account the analogy. Only jobs occupied by people in the same position can be considered similar.

Example 3

Four dispatchers work every other day. One card is issued for such jobs, since they take turns working at the same workplace.

SOUT is not carried out in relation to remote workers if remote work specified in their employment contract.

For newly created workplaces, a special assessment must be carried out within 12 months from the date of their creation.

Responsibilities for organizing and financing the implementation of SOUT are assigned to the employer (Article 8 of Federal Law No. 426-FZ).

The assessment is carried out at least once every five years (except for cases when there is a need for an unscheduled assessment). This period is calculated from the date of approval of the report on its implementation. In the certification of workplaces, the period was counted from the beginning of work on the automated workplace.

An employee has the right to be present during a special assessment at his workplace, seek clarification from both the employer and the organization conducting the special assessment, get acquainted with the results, and also appeal them (Article 5 of Federal Law N426-FZ).

Workplace and work areas

There are quite a few definitions of the concept “workplace”, but we have agreed to use one of the simplest:

Workplace- a place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

In practice, we rarely encounter a situation where an employee spends his entire working day in one place. As a rule, to complete assigned tasks, an employee needs to move between two, three, or even more zones. The employee’s workplace consists of such work areas. And there are jobs that do not require a permanent location at all (workplace of a courier or service engineer).

In order to competently organize the work of conducting SOUT, the commission must carefully distribute the percentage of time during which the employee is in each of the work areas and notify the laboratory about this. It is the duration of exposure to a harmful or dangerous factor that determines the class of working conditions. (With the exception of the biological factor, all others depend on both the concentration and the duration of exposure).

Example 4

Driver's workplace - cabin vehicle. If a driver spends more than 25% of his working time behind the wheel, his working conditions will already be considered harmful. While driving a car, the driver cannot change his position, so he is forced to remain in one position for a long time. But for a regular bus driver who sits behind the wheel for the entire shift, the risk of developing an occupational disease is several times higher than for a driver who leaves the enterprise once a day for a couple of hours.

Concluding an agreement with an organization conducting a special assessment of working conditions

To carry out special assessment activities, the employer must enter into a civil contract with a specialized organization (Part 2, Article 8 of Law No. 426-FZ).

Such an organization must comply with the requirements of Art. 19 of Law No. 426-FZ.

The choice of organization for carrying out SOUT is carried out taking into account the restrictions established in parts 1, 2 of Art. 22 of Law No. 426-FZ. (You cannot conduct SOUT for yourself or relatives or subsidiaries)

In addition to the timing and cost of performing the work, when concluding a contract, it would not be amiss to insist on the inclusion of the following conditions about the rights and responsibilities of the employer when carrying out special technical work, including:

• on the right to demand from a specialized organization a justification for the results of conducting special assessment work (clause 1, part 1, article 4 of Law No. 426-FZ);
• on the right to demand that a specialized organization submit documents confirming its right to conduct special technical training in accordance with Art. 19 of Law No. 426-FZ (clause 3, part 1, article 4 of Law No. 426-FZ);
• on the employer’s right to appeal against actions (inaction) of a specialized organization (clause 4, part 1, article 4 of Law No. 426-FZ);
• on the employer’s obligation to provide information, documents and information necessary for conducting a special assessment (clause 2, part 2, article 4 of Law No. 426-FZ);
• on the obligation not to take deliberate actions that may affect the results of the special assessment and assessment process (clause 3, part 2, article 4 of Law No. 426-FZ).

The role of the employee in conducting a special assessment of working conditions

Although the employee is not a party to the contract, the work on the special assessment primarily affects his interests. The SOUT Law gives employees the following rights and responsibilities:

1. The employee has the right:

• be present during the assessment at his workplace;
• contact the employer, his representative, the organization conducting the special labor safety assessment or a laboratory expert, with proposals for identifying potentially harmful and (or) dangerous production factors at his workplace and for obtaining clarification on the issues of conducting a special assessment of working conditions at his workplace;
• appeal the results of a special assessment at your workplace in accordance with Art. 26 of Law No. 426-FZ.

1. The employee is obliged:

• get acquainted with the results of a special assessment of working conditions carried out at his workplace.

Stages of special assessment of working conditions:

Identification of potentially harmful and (or) dangerous production factors is carried out at workplaces that are included in the list approved by the special assessment commission. This procedure is carried out by an expert from a specialized organization that conducts SOUT (Part 2 of Article 10 of Law No. 426-FZ).

The employer is obliged to provide the expert carrying out the identification with the necessary information, documents and information that characterize working conditions in the workplace (for example, technological documentation, building construction projects, certificates of conformity of production equipment, machines), as well as provide explanations on the issues of conducting a special assessment ( clause 2, part 2, article 4 of Law No. 426-FZ). If the employer does not provide the specified information, documents and information, the organization will suspend work on the SOUT or will not begin it (clause 4, part 2, article 6 of Law No. 426-FZ).

Identification of harmful and (or) hazardous production factors at workplaces can be carried out by examining workplaces by inspection and familiarization with the work actually performed by employees in regular work mode, as well as by interviewing employees and (or) their immediate supervisors.

The expert records the identification results in a protocol, which is approved by the commission (Part 2 of Article 10 of Law No. 426-FZ).

If during the identification process no harmful and (or) dangerous production factors are identified at the workplace, then the working conditions at this workplace are considered acceptable, research (tests) and measurements of harmful and (or) dangerous production factors are not carried out in relation to such a workplace ( Part 4, Article 10 of Law No. 426-FZ). In this case, immediately after approval of the identification results, the results of the SOUT are summed up.

Identification is not carried out in relation to the following workplaces (Part 6, Article 10 of Law No. 426-FZ):

• in which workers work, whose professions, positions, specialties are included in the lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age labor pension is assigned early;
• in connection with work in which employees are provided with guarantees and compensation for working under harmful and (or) dangerous working conditions;
• where, based on the results of a previously conducted certification or special assessment, harmful and (or) dangerous working conditions were established.

At such workplaces it is necessary to carry out instrumental measurements.

Research and measurement of harmful and (or) hazardous production factors, their assessment

Research (testing) and measurements of harmful and (or) dangerous factors are carried out by a testing laboratory (center), experts and other employees of the organization conducting the special environmental assessment, taking into account the requirements for methods, techniques and measuring instruments.

The organization conducting the special assessment carries out research (measurements) independently or with the involvement of a subcontractor to measure the factors provided for in paragraphs. 12-14 and 24 hours 3, art. 13 426-FZ

The following are subject to research (measurement):

• physical factors;
• chemical factors;
• biological factors;
• heaviness labor process;
• tension of the labor process.

Depending on the degree of deviation of the actual values, identified potentially harmful and (or) dangerous factors obtained from the results of their studies (tests) and measurements, from the standards (hygienic standards) of working conditions and taking into account the duration of their exposure to the employee during the working day (shift), a class of working conditions is assigned.

Classification of working conditions

Optimal working conditions(class 1) – working conditions under which there is no exposure to the employee’s body to identified potentially harmful and dangerous factors that can have an adverse effect on the employee’s body, or their levels of exposure are minimal in comparison with the values ​​​​established by standards, and the prerequisites are created for maintaining high level performance

Acceptable working conditions(class 2) - working conditions under which the employee’s body is affected by identified potentially harmful and dangerous factors, the impact levels of which do not exceed the values ​​​​established by the standards, or functional changes in the worker’s body are restored during regulated rest or by the beginning of the next shift.

Harmful working conditions(class 3) – working conditions characterized by the presence of identified potentially harmful and dangerous factors, the levels of which exceed the values ​​​​established by standards, including subclasses 3.1, 3.2, 3.3, 3.4.

Subclass 3.1:

(harmful working conditions of the 1st degree) - working conditions under which the worker’s body is affected by identified potentially harmful and dangerous factors, the levels of exposure of which can cause functional changes in the human body, which are restored, as a rule, over a longer period (than at the beginning of the next shifts) interrupting exposure to these factors, and increase the risk of health damage

Subclass 3.2:

(harmful working conditions of the 2nd degree) - working conditions under which the worker’s body is affected by identified potentially harmful and dangerous factors, the levels of exposure of which can cause persistent functional changes in the worker’s body or lead to the development and emergence of occupational diseases of mild severity (without loss of professional ability to work) arising after prolonged exposure (after 15 years or more)

Subclass 3.3:

(harmful working conditions of the 3rd degree) - working conditions under which the worker’s body is affected by identified potentially harmful and dangerous factors, the levels of exposure of which can cause persistent functional changes in the worker’s body or lead to the development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of working activity

Subclass 3.4:

(harmful working conditions of the 4th degree) - working conditions under which the worker’s body is affected by identified potentially harmful and dangerous factors, the levels of exposure of which can cause persistent functional changes in the worker’s body or lead to the development of severe occupational diseases (with loss of general working capacity ) during the period of working activity

Hazardous working conditions(class 4) - working conditions characterized by the presence of identified potentially harmful and dangerous factors, levels the effects of which are capable of creating a threat to the life of an employee during a working day (work shift) (or parts thereof), and the consequences of their exposure provide a high risk of developing an acute occupational diseases during working life.

At its core, the classification of working conditions is an attempt to determine the level of risk. The higher the class or subclass, the higher the likelihood of workers developing occupational diseases.

There is a technique that allows you to reduce the class (subclass) of working conditions in the case of employees employed in workplaces with harmful working conditions, effective means personal protection, which have passed mandatory certification in the manner established by the relevant technical regulations. The class may be reduced by the commission, based on the opinion of an expert from the organization conducting the special assessment, by one degree in accordance with the methodology. (Order of the Ministry of Labor of Russia dated December 5, 2014 No. 976n “On approval of the Methodology for reducing the class (subclass) of working conditions when workers employed in workplaces with hazardous working conditions use effective personal protective equipment that has undergone mandatory certification in the manner established by the relevant Technical Regulations" )

However, due to its incredible normative nature and complexity, this technique has never been applied in practice to date.

Declaration of compliance of working conditions with state regulatory requirements

Declaration is carried out by the employer's commission.

The declaration is submitted only on the basis of an expert’s opinion.

The employer must submit the declaration no later than 30 working days from the date of approval of the report on the special assessment at the workplaces in respect of which the declaration is being submitted.

The declaration is submitted to State inspection labor.

The validity period of the declaration is five years, it is calculated from the date of approval of the report on the implementation of the special assessment and assessment process.

If, during the period of validity of the declaration, an industrial accident occurred with an employee employed at the workplace in respect of which the declaration was adopted (except for an industrial accident that occurred due to the fault of third parties) or he was diagnosed with Occupational Illness, the cause of which was the employee’s exposure to harmful and (or) dangerous production factors, in relation to such workplace the declaration is terminated and an unscheduled special assessment is carried out.

Upon expiration of the declaration and in the absence of accidents or occupational diseases, the validity of the declaration is considered extended for the next 5 years.

Updated declaration

In relation to workplaces where working conditions, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, are recognized as optimal or acceptable, with the exception of workplaces specified in Part 6 of Article 10 of Federal Law of December 28, 2013 N 426 -FZ “On special assessment of working conditions”, the employer submits it to the territorial body of the federal executive body authorized to conduct federal state supervision of compliance labor legislation and other regulatory legal acts containing norms labor law, at its location, an updated declaration of compliance of working conditions with state regulatory requirements for labor protection, including these workplaces.

Translated into Russian, it is meant that both workplaces in which hazards were not identified during the identification process are declared, as well as workplaces in which, as a result of measurements, the first or second class was established.

Completion of work on a special assessment of working conditions

As a result, the laboratory that conducted the assessment must provide the organization with a report that includes:

1) information about the organization conducting the special assessment, accompanied by copies of documents confirming its compliance established requirements;

2) a list of workplaces where the special labor safety assessment was carried out, indicating the harmful and (or) hazardous production factors that were identified at these workplaces;

3) cards for 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 labor assessment;

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

5) protocols for assessing the effectiveness of personal protective equipment;

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 12 426-FZ (if there is such a decision);

7) summary statement;

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

9) conclusions of an expert from the organization conducting the SOUT.

The report is signed by all members of the commission and approved by the chairman of the commission. If a commission member disagrees with the results of the assessment, he has the right to express a reasoned dissenting opinion.

The employer organizes familiarization of each employee with the results of the special assessment at his workplace against signature no later than thirty calendar days from the date of approval of the commission’s report, not counting the period of temporary disability of the employee, while he is on vacation or on a business trip.

The employer is required to notify the organization that conducted the special assessment of the approval of the report on the conduct of the special assessment.

Thus, the employer, within 3 working days from the date of approval of the report on the conduct of the special assessment and assessment process, must:

• notify the organization that carried out the SOUT with any in an accessible way, providing the ability to confirm the fact of notification;
• send to the organization that carried out the special assessment a copy of the approved report on the implementation of the special assessment system by order by post with acknowledgment of delivery or in the form electronic document, signed with a qualified electronic signature.

Types and amounts of compensation based on the results of a special assessment of working conditions

Increased wages(Article 147 of the Labor Code of the Russian Federation)

Remuneration for workers engaged in work with harmful and (or) dangerous working conditions is set at an increased rate.

The minimum increase in wages for employees engaged in work with harmful and (or) dangerous working conditions is 4 percent of the tariff rate (salary) established for various types work under normal working conditions.

Specific amounts of wage increases are established by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations, or by a collective agreement or employment contract.

Additional paid leave(Article 117 of the Labor Code of the Russian Federation)

Annual additional leave is provided to employees whose working conditions are classified as harmful working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions based on the results of a special assessment.

The minimum duration of annual additional paid leave for employees is 7 calendar days.

Part of the annual additional paid leave that exceeds the minimum duration of this vacation(7 calendar days) may be replaced by separately established monetary compensation.

The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

Reduced working hours(Article 92 of the Labor Code of the Russian Federation)

It is established for employees whose workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions. (No more than 36 hours per week).

Right to early retirement

For now, it is reserved for employees from the number of productions, works, professions, positions and indicators that give the right to preferential benefits, indicated in Lists No. 1 and No. 2 pension provision, approved by Resolution of the Cabinet of Ministers of the USSR No. 10 of January 26, 1991, upon confirmation based on the results of a special assessment of working conditions of the presence of harmful (dangerous) working conditions in their workplaces.

Possibility of establishing increased or additional compensation

In accordance with Part 2 of Art. 219 of the Labor Code of the Russian Federation, the size, procedure and conditions for providing guarantees and compensation to employees engaged in work with harmful and (or) dangerous working conditions are established in the manner prescribed by Art. Art. 92, 117 and 147 of the Labor Code of the Russian Federation.

Increased or additional guarantees and compensation for work under harmful and (or) dangerous working conditions may be established by a collective agreement, local normative act taking into account the financial and economic situation of the employer.

When establishing the appropriate types and amounts of compensation, the employer can be guided by the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by Resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/ P-22, Instructions on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by the Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20 , Standard provision on the assessment of working conditions in workplaces and the procedure for applying sectoral lists of work for which additional payments to workers for working conditions can be established, approved by the Resolution of the State Committee for Labor of the USSR, the All-Russian Central Council of Trade Unions dated 03.10.1986 N 387/22-78, and other current regulatory legal acts establishing the relevant the amount of compensation, to the extent that does not contradict the Labor Code of the Russian Federation.

Federal Law of December 15, 2001 N 167-FZ “On compulsory pension insurance in the Russian Federation, depending on the class of working conditions, establishes the following increasing coefficients:

Increased insurance premium rates

Class of working conditions		Additional insurance premium rate
Dangerous (4)
Harmful (3)
Acceptable (2)
Optimal (1)

Features of conducting a special assessment of working conditions

There are jobs that cannot be fit into a general mold. For such jobs, a special assessment is carried out taking into account the specifics.

Decree of the Government of the Russian Federation dated April 14, 2014 No. 290 “On approval of the list of jobs in organizations engaged in 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"

IN this list includes the following jobs:

• crew members sea ​​vessels, inland navigation vessels and fishing vessels;
• flight and cabin crew members aircraft civil aviation;
• medical workers providing ambulance medical care outside a medical organization;
• medical workers located in premises to which regulatory legal acts of the Russian Federation impose requirements related to the need to maintain a special microbiological state of the environment and a stable mode of operation of medical equipment (resuscitation departments, intensive care units, operating rooms);
• medical workers who directly carry out diagnostics and treatment using medical equipment (devices, devices, equipment), the normal functioning of which may be affected by measuring instruments;
• workers, labor function which consists of preparing for sports competitions and participating in sports competitions;
• creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses;
• workers of radiation-hazardous and nuclear-hazardous industries;
• workers involved in firefighting and emergency rescue operations;
• divers, as well as workers directly carrying out caisson work;
• workplaces where workers are expected to be exposed to high pressure gas and air environments;
• workplaces of workers engaged in underground work.

Special assessment of working conditions- this is a single set of consistently implemented measures to identify harmful and (or) dangerous factors in the working 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 individual and collective protective equipment for workers.

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

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

Identifying and identifying hazards in workplaces;

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

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

Establishment of guarantees and compensations provided for by labor legislation for employees employed in workplaces with harmful and (or) dangerous working conditions;

Exemption of employers from paying insurance contributions to the Pension Fund of the Russian Federation at additional tariffs.

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

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

Informing workers 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) hazardous production factors and about the guarantees and guarantees that employees engaged in work with harmful and (or) dangerous working conditions are entitled to. compensation;

Providing workers 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;

Establishing guarantees and compensation for employees;

Establishing an additional tariff for insurance premiums in Pension Fund Russian Federation, taking into account the class (subclass) of working conditions in the workplace;

Calculation of discounts (surcharges) to the insurance tariff for compulsory social insurance against industrial accidents and occupational diseases;

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

Preparations statistical reporting about working conditions;

Resolving the issue of the connection between diseases that have arisen in workers and the impact of harmful and (or) hazardous production factors on workers at their workplaces, as well as investigating industrial accidents and occupational diseases;

Consideration and settlement of disputes related to security without hazardous conditions labor, between employees and the employer and (or) their representatives;

Species definitions sanitary services and medical support for workers, their volume and conditions of their provision;

Making a decision to establish restrictions provided for by labor legislation for certain categories of workers;

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

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

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

All workplaces are subject to SOUTH 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 assessment remains the same - once every 5 years, except for jobs that, based on the results, received positive assessment. Declaration is provided for them, i.e. confirmation of compliance of working conditions with state standards in the field of occupational safety.

The decision on declaration is made by a special assessment expert based on the analysis carried out during the identification of factors. The employer, having completed the declaration in the prescribed form, is obliged to submit it to the Ministry of Labor. The document is valid for five years, which is automatically extended without any research if no accidents or occupational diseases occur in the workplace.

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

1) in case of commissioning of newly organized workplaces;

2) in case of accidents or at the request of a trade union organization or State Labor Inspectorate;

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

4) in case of implementation of measures to bring working conditions into compliance 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 collective protective equipment.

At the same time, for each workplace a new map SOUT taking into account changes and additions. Results of repeated SOUT are drawn up with the appropriate protocols, and a new card is filled out SOUT or changes are made to the map SOUT, issued earlier. Newly organized workplaces are certified after their commissioning, but no later than 60 working days after their commissioning.

results SOUT are the basis for creating a data bank of existing working conditions at the level of an organization, district, city, region, republic. Results Information SOUT is brought to the attention of employees of the organization. Documentation SOUT are materials strict reporting and are subject to storage for 45 years.

In accordance with the 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 implementation of special labor inspections is entrusted 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 carrying out the special operational assessment.

The regulatory basis for carrying out SOUT are:

R 2.2.2006-05 “Hygienic assessment criteria and classification of working conditions according to indicators of harmfulness and danger of factors in the working environment, severity and intensity of the labor process”;

Sanitary norms and rules, hygienic standards;

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

List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by the Resolution of the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions dated 17/25/74 No. 298/P-22 , with subsequent changes and additions;

Lists No. 1 and No. 2 of industries, works, professions, positions and indicators that give the right to preferential pension benefits, approved by Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991 and put into effect on the territory of Russia from January 1, 1991. 92 by resolution of the Council of Ministers of the RSFSR dated October 2, 1991 No. 517 (with subsequent additions and clarifications);

Regulatory legal acts containing state regulatory requirements for labor protection.

To organize and carry out the special assessment, a corresponding order is issued, a certification commission of the enterprise is created, and the terms and schedule for carrying out certification work are determined.

At the same time, the composition certification 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 workers. Managers may be included in the commission as representatives of the employer structural divisions organizations, lawyers, HR specialists, labor and wages specialists, chief specialists of the organization, medical workers and etc.

Certifying organization- an independent organization that provides services for certification of workplaces for working conditions to third-party organizations, which includes a laboratory accredited in in the prescribed manner for the right to carry out measurements and assessments harmful factors working environment and the labor process, assessing the safety of workplaces, assessing the provision of workers with personal protective equipment. The certifying organization must be independent (not affiliated) in relation to the organization in which workplace certification is carried out.

The list of services in the field of labor protection, the provision of which requires accreditation, and the Rules for accreditation of organizations providing services in the field of labor protection are 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 it is necessary accreditation, and the Rules for the accreditation of organizations providing services in the field of labor protection.” Certification of workplaces for working conditions is included in the corresponding list of services.

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 Offences. In the article we will talk about the nuances of carrying out special assessment, the procedure for its implementation and cost, as well as the latest news on special assessment.

Deputy head of Rostrud Ivan Shklovets gave a comment to the Simplified magazine. He told how small businesses can conduct special assessments.

“If, based on the results of the assessment, the expert has not identified harmful and dangerous factors, the company has the right to submit a declaration of conformity for these workplaces. Then in the future there is no need to carry out a special assessment,” noted Ivan Shklovets.

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 Federal Law No. 426-FZ of December 28, 2013). If the organization does not have workplaces with harmful or dangerous working conditions, 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 special assessments. We cited such cases in an article in the Simplified magazine.

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 enter into an agreement with it.
	Sign the report on the results of the special assessment (). Send a copy of the report to the organization that conducted the special assessment within 3 business days after signing.
	Post the results of the special assessment and a list of measures () to improve working conditions on your website (if you have one). If there is no website, there is no need to hire its development.
	Report to the Social Insurance Fund information about the results of the special assessment in Table 5 of the 4-FSS calculation. If you carried out a special assessment before January 1, fill out the data in 4-FSS for the first quarter of 2019. If you did not have time to complete the assessment, then include the assessment data starting with the report for the first quarter of 2020.
	Familiarize employees with the results of the special assessment by signing it on the card. Deadline - 30 calendar days from the date of approval of the report (letter of the Ministry of Labor dated July 14, 2016 No. 15-1/ОOG-2516).
	Write down in the employment contract a clause about 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 Administrative Code).

Labor inspectors will issue one general fine; they will not fine the organization separately for each workplace where it did not carry out a special assessment (decision of the Perm Regional Court dated February 27, 2018 No. 7-323/2018 // 21-208/2018).

What is a special job assessment

A special assessment of workplaces, or abbreviated as “SOUT”, is a set of sequentially carried out measures, the purpose of which is to identify harmful and/or dangerous working conditions and assess 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 total cost of production of products, performance of work, provision of services on labor protection of 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 03/01/2012 No. 181n and also includes the implementation of SOUT.

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 Federal Law No. 426-FZ of December 28, 2013, it is permitted to reduce the class (subclass) of workers’ working conditions by more than one level. For companies engaged in certain types of activities, improvement of working conditions can be carried out in accordance with established industry specifics.

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

Who checks working conditions

The requirements for the company conducting SOUT are established by Art. 19 Federal Law dated December 28, 2013 No. 426-FZ. Thus, in the statutory documents of the inspectors, “carrying out special technical work” 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 with 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 in the production environment and the labor process.” The inspection company has the right to involve third-party testing laboratories. This does not contradict the legislation of the Russian Federation (clause 2 of article 19 of the Federal Law of December 28, 2013 No. 426-FZ).

The register of organizations that, in the opinion of the Russian Ministry of Labor, have the right to carry out special labor assessments is published on the department’s website: 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, every employer, including small businesses, must assess the conditions of workplaces. In some cases, the legislation provides for the mandatory implementation of 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 labor legislation of the Russian Federation
• changing production equipment or introducing innovations into technological process, which may change the level of exposure to harmful and/or hazardous conditions on the employee’s health
• the use of new materials, raw materials that can influence the level of influence of harmful and/or dangerous conditions on the employee
• introduction of new personal and collective protective equipment, which can change the indicator of exposure to harmful and/or dangerous conditions on an employee
• accident at work, except for cases caused by third parties
• professional illness of an employee, the cause of which was exposure to harmful and/or dangerous production factors
• initiative of a trade union organization or other representative body of employees to conduct an unscheduled assessment of workplaces

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

• within 12 months from the date on which:

• the technological process has changed
• new jobs have appeared
• was replaced production equipment

• within 6 months from the date when:

• an order has been received from the regulatory agency
• the composition of the materials used has changed
• Personal and collective protective equipment has changed
• industrial accident
• a proposal was received from a trade union organization or other representative body of employees to conduct an unscheduled SOUT

Changes in special assessment in 2019

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

Article 1

Article 32 of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare 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) add paragraph 1.1 with the following content:

"1.1. When implementing 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 during a special assessment of working conditions, 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 said 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 Electric Power Industry” (Collected Legislation of the Russian Federation, 2003, N 13, Art. 1177; 2011, N 30, Art. 4590; 2015, N 29, Art. 4359; N 45, Art. 6208; 2016, N 18, Art. 2508; N 26, Art. 3865) after the words “violations by electric power industry entities 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)," shall be supplemented with the words "as well as labor safety 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 heating network organizations requirements" shall be supplemented with the words "on the safe conduct of work at heat supply facilities, requirements", after the words "(hereinafter in this article - mandatory requirements)," shall be supplemented with the words "as well as labor protection rules."

Article 4

In paragraph 5 of part 2 of Article 88 of the Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” (Collected Legislation of the Russian Federation, 2011, N 48, Art. 6724; 2013, N 48, Art. 6165; 2016, No. 1, Article 28) the words “safe working conditions” should be deleted.

Article 5

In part 7 of Article 12 of the Federal Law of December 28, 2013 N 426-FZ “On special assessment of working conditions” (Collected Legislation of the Russian Federation, 2013, N 52, Art. 6991; 2014, N 26, Art. 3366; 2016, N 18, Article 2512) replace the words “can be used” with the words “can be used”.

Who has the right not to conduct a special assessment?

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

• Full name changed - employer-individual entrepreneur
• as a result of the reorganization, the organizational and legal form of the employer-legal entity changed
• the name of the workplace was changed (however, such an innovation did not lead to grounds for carrying out unscheduled inspection workplace conditions)

The employer must conduct an assessment of all workplaces, with the exception of checking the working conditions of remote workers and homeworkers. SOUT is also not carried out in relation to employees who have entered into labor relations with individuals who are 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 conducting the special assessment and the procedure for its activities. The number of commission members should not be even. Moreover, as part of the commission in mandatory there must be a labor protection specialist (clauses 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 the company appoints himself (Part 4, Article 9 of Federal Law No. 426-FZ dated December 28, 2013).

Step 2. Determining the list of workplaces subject to SOUT

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, 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). The results obtained when checking 20% ​​of the total number of places are applied to the remaining workplaces.

In this case, similar workplaces should be understood as those workplaces where employees:

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

Step 3. Approval of the SOUT schedule

When drawing up a schedule for conducting a special assessment, it is necessary to take into account:

• SOUT is carried out in relation to each worker at least once every 5 years (this procedure also applies to office premises). Grounds - clause 4 of Art. 8 of the Federal Law of December 28, 2013 No. 426-FZ
• if the employer has not previously carried out special safety measures, then the deadline to check the workplace 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 of article 27 of the Federal Law of December 28, 2013 No. 426- Federal Law)

It should be noted that the law does not prohibit carrying out SAW 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 assignment of an old-age insurance pension
• are entitled to compensation and guarantees for work under harmful and/or dangerous working conditions

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

• up to 10,000 rub. – for individual entrepreneurs and officials
• up to 80,000 rub. – for companies

Step 4. Concluding an agreement with a specialized company to carry out SOUT

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

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

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

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

The result of the conducted special assessment 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). If any commission specialist disagrees with the outcome of the workplace inspection, it is necessary that he express his opinion in writing and attached it to the report.

Step 8. Notification of the company conducting the assessment of workplace assessment of the approval of the report with the results of the workplace assessment

Within three working days from the date of signing the report on the conduct of special assessment and assessment work, the employer must notify the company with which it entered into an agreement to conduct a workplace assessment, and also send it 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 notification must be confirmed.

Step. 9 Sending the declaration to the regulatory authority

In the absence of harmful and/or dangerous production factors, the employer must notify the labor inspectorate at its 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 a declaration are approved by the Ministry of Labor of Russia (Order No. 80n dated 02/07/2014).

The deadline for submitting the declaration is no later than 30 working days from the date of approval of the report on the implementation of special labor safety measures (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. Familiarization of workers with the results of the SOUTH

The company's employees 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 of SOUT results on the website

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

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

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

Step 13. Application of the results of the SOUT

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

The employer must make changes to employment contracts with employees, and in the agreement indicate new working conditions, guarantees for harmful or dangerous conditions. Effective date of add. agreements to the employment contract – the date of approval of the report with the results of the special labor assessment.

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 the class and degree established for them, must be paid increased wages. The minimum increase in payments is 4% of the regular salary or tariff rate (Parts 1 and 2 of Article 147 of the Labor Code of the Russian Federation). Moreover, when harmful conditions labor (3rd or 4th degree) or hazardous, workers are entitled to reduced working hours (see table).

Guarantee	Harm class	Guarantee amount	Base
Increased wages	doesn't matter	not less than 4% of salary or tariff rate	Articles 146 and 147 of the Labor Code of the Russian Federation
Reduced working hours	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 Labor Code of the Russian Federation

Additional fees

Payments to employees engaged in work specified in clause 1-18, part 1, 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 dated October 23, 2017 No. 03-15-06/69113, letter of the Federal Tax Service of Russia dated May 24, 2017 No. BS- 4-11/9763).

Contributions for additional tariffs must be accrued from the date of approval of the report on the implementation of the SOUT (Letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3/B-113).

Approximate cost of special assessment by region

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

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

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

The cost of SOUT includes costs for:

• remuneration of highly qualified workers
• overhead costs (room rental, maintenance office equipment, software, electricity, etc.)
• depreciation of expensive equipment and devices, consumables

To reduce company costs:

• inspection companies carry out 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 economically justified cost of SOUT for 1 workplace ranges 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 dated 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 measuring the maximum one-time or average shift concentration of several chemicals), the price can increase up to 3 times.

If the price of a special assessment of a workplace is lower than the economically justified price by more than 30% of the market average, then this increases the risk of a fictitious special assessment or assessment according to “ simple option”, which do not meet established requirements, which subsequently leads to fines.

Articles in electronic magazine"Simplified":

Will it really be possible to impose fines on organizations from 2018 or is it possible not to make an assessment?

How mandatory is it to conduct a special assessment of working conditions in an organization, are fines possible if it is not done in more detail in the article.

Question: How mandatory is SOUT? Will it really be possible to impose fines on organizations from 2018 or is it possible not to make an assessment?

Answer: All employers are required to conduct a special assessment of working conditions in all workplaces. And this is required by Article 212 of the Labor Code of the Russian Federation. An exception is provided only for homeworkers and remote workers (clause 3 of article 3 of the Law of December 28, 2013 No. 426-FZ). For some jobs, a special assessment may be carried out in stages no later than December 31, 2018. These are jobs (part 6 of article 10 and part 6 of article 27 of the Law of December 28, 2013 No. 426-FZ):

Employees whose professions, positions and specialties are not included in the lists, taking into account which an early old-age insurance pension is assigned;

Working conditions in which are not recognized as harmful or dangerous.

Therefore, if the organization does not have harmful employees, then your company has the right to conduct a special assessment in stages and complete it by December 31, 2018 inclusive. Provided that after 01/01/2014 the organization had no reason to conduct an unscheduled special assessment. Their complete list is given in Article 17 of the Law of December 28, 2013 No. 426-FZ. These, for example, include:

Commissioning of new jobs;

Replacement of production equipment.

If the company had grounds for conducting an unscheduled special assessment, then it had to be carried out within the following time frame:

From 01/01/2014 to 01/05/2016 – for 6 months;

From 05/01/2016 - for 12 months.

If a company has not carried out a special assessment within the time period established by the Law, then if this offense is detected, the labor inspectorate may fine it in the amount of 60 to 80 thousand rubles (Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation). However, the Law does not provide grounds for exemption from a fine.

Keep in mind that a special assessment is carried out not only to establish guarantees and compensation for work in hazardous conditions. It helps determine the class of working conditions. And from January 1, 2014, working conditions at the workplace must be included in the employment contract. A labor inspectorate specialist can check now employment contracts with employees. And if he does not see information about working conditions in the contracts, he will fine both the company and the director in accordance with Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Therefore, it is in the interests of the company to conduct a special assessment in as soon as possible(letter from Rostrud of Russia dated November 20, 2015 No. 2628-6-1).

How to conduct a special assessment of working conditions

Starting from January 1, 2014, working conditions in workplaces can be assessed exclusively in the form of a special assessment of working conditions (letter of the Ministry of Labor of Russia dated April 8, 2014 No. 15-4/B-366). The procedure for this procedure is prescribed in Law dated December 28, 2013 No. 426-FZ. The methodology for conducting a special assessment of working conditions was approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

The results of workplace certification, which was carried out before 2014 according to the rules from the order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n, are valid until a maximum of December 31, 2018. In general, certification results are valid for five years from the date of completion.

An exception is cases when a special assessment of working conditions must be carried out unscheduled. We would like to add that for some jobs the special assessment can be carried out in stages. The phased special assessment must be completed by December 31, 2018.

Special assessment of working conditions

A special assessment of working conditions is a unified set of measures to identify harmful and dangerous factors in the working environment and assess the level of their impact on the employee, taking into account the deviation of actual values ​​from established standards ().

Based on the results of a special assessment, classes and subclasses of working conditions at employees’ workplaces are established (Clause 2, Article 3 of Law No. 426-FZ dated December 28, 2013).

When a special assessment of working conditions is not carried out

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

people for whom employers are individuals who are not registered as individual entrepreneurs.

The procedure for conducting a special assessment of working conditions is regulated by Law dated December 28, 2013 No. 426-FZ. It is mandatory for all companies, including religious organizations.

Who is required to conduct a special assessment?

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

Phased special assessment of working conditions

When can a stage-by-stage special assessment of working conditions be carried out?

For some jobs, the special assessment may be carried out in stages. These are the jobs:

employees whose professions, positions and specialties are not included in the lists, taking into account which an early old-age insurance pension is assigned;

working conditions in which are not recognized as harmful or dangerous.

The phased special assessment must be completed before December 31, 2018 (Part 6, Article 27 of Law No. 426-FZ dated December 28, 2013).

The phased approach involves conducting a special assessment not of all jobs at once, but only of a part of them. The list of such jobs is determined by the commission.

Unscheduled special assessment of working conditions

When is it necessary to conduct an unscheduled special assessment of working conditions?

An unscheduled special assessment of working conditions is carried out if:

1. newly organized workplaces were put into operation;

2. the employer received an order from the state labor inspector to conduct an unscheduled assessment in connection with violations identified during the inspection by the labor inspectorate;

3. the technological process has been changed, production equipment has been replaced, which can influence the level of exposure to harmful and (or) hazardous production factors on employees;

4. the composition of the materials used and (or) raw materials that can influence the level of exposure to harmful and (or) hazardous production factors on employees has changed;

5. the applied personal and collective protective equipment that can influence the level of exposure to harmful and (or) hazardous production factors on employees has been changed;

6. an industrial accident occurred at the workplace (except for an industrial accident that occurred due to the fault of third parties) or an occupational disease was discovered, the causes of which were the employee’s exposure to harmful and (or) dangerous production factors;

Or workplace certification protocol;

Or a report on a special assessment of working conditions.

Who needs to rush to conduct a special assessment

A special assessment of working conditions was introduced on January 1, 2014 (Federal Law No. 426-FZ dated December 28, 2013, hereinafter referred to as Law No. 426-FZ). The special assessment replaced the certification of workplaces based on working conditions (Diagram 1 below). But the results of the certification, which was carried out before January 1, 2014, are valid for five years from the date of its completion (Part 4 of Article 27 of Law No. 426-FZ).

Scheme 1 Periods of certification and special assessment

But it turns out that there is no need to delay carrying out a special assessment. A labor inspectorate specialist can already check employment contracts with employees. And if he does not see information about working conditions in the contracts, he will fine both the company and the director. The amounts of fines are given in table. 1 below.

Table 1 Amount of fine if the employment contract does not contain information about working conditions

If you have not carried out certification or carried it out more than five years ago, conduct a special assessment as soon as possible (letter of Rostrud dated November 20, 2015 No. 2628-6-1).

Who do the judges support?

The inspectors will not accept your arguments that the special assessment can be carried out before the end of 2018. Law No. 426-FZ will not protect you from fines for absence mandatory conditions in the employment contract. This is a violation of labor laws.

If the case goes to court, the arbitrators will support labor inspectors. This is evidenced, for example:

Why are inspectors interested in employment contracts with office workers?

Until 2014, office workplaces did not have to be certified (clause 4 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n). Employers took advantage of this concession.

Your company may have current certification results. But they do not contain information about working conditions in office workplaces. Such workplaces were not certified. If you have not yet had a special assessment, then there is no reason to include information about working conditions in your employment contracts.

Alexander Sorokin answers,

Deputy Head of the Operational Control Department of the Federal Tax Service of Russia

“Cash payment systems should be used only in cases where the seller provides the buyer, including its employees, with a deferment or installment plan for payment for its goods, work, and services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a repayment of such a loan, or itself receives and repays a loan, do not use the cash register. When exactly you need to punch a check, look at

The procedure for special assessment of working conditions (SOUT) at present current rules has been held since 2014. There are no changes to the rules this year compared to previous periods, but before 01/01/19 all firms are required to conduct a workplace assessment according to the new rules.

The legislator did not provide for the specifics of this procedure for representatives of small businesses. SOUT is carried out by special accredited organizations for a fee. There are situations in which a company does not need to carry out SOUT and pay for it. Small enterprises have more than representatives of medium and big business, opportunities to do this.

What is SOUT

A special assessment of working conditions is a survey of workplaces in order to identify harmful factors affecting the human body and assign a risk class to each workplace. Optimal (class 1.0) and acceptable (2.0) working conditions do not require any special actions on the part of the employer. However, if the assessment system has revealed the presence of harmful, dangerous conditions (grades 3.0 and 4.0), employees occupying such jobs have the right to increased wages (4% or more of the salary, i.e. rate) and a shortened work week (maximum duration - 36 hours).

Legislative framework regulating SOUT and its results:

• Federal Law No. 426 dated 12/28/13 “on SOUT”;
• Order of the Ministry of Labor No. 33 dated 01/24/14 (contains the methodology for carrying out special assessment and assessment);
• Order of the Ministry of Labor No. 80 dated 02/07/14 (contains the procedure for filing a declaration under the SOUT);
• Labor Code of the Russian Federation, in particular Art. 147, 92 (protects the rights of employees if workplaces are assigned grades 3 and 4 based on the results of the Special Assessment of Labor Standards);
• Code of Administrative Offenses, in particular Art. 5.27.1 (regulates fines under SOUT).

SOUT at small enterprises and microenterprises is carried out in accordance with the specified documents.

Until recently, the current certification results according to the old rules were equated to the results of the special assessment system. However, as of January 1, 2019, the transition period (Article 27 of Federal Law No. 426) ends, which means that a special assessment of jobs must be carried out before the end of 2018 was obliged, as a general rule, every employer providing employees with jobs. There are exceptions, we will talk about them further.

How to carry out SOUT

A special assessment of working conditions is carried out by a third-party organization, which:

• does not depend on the employer (for example, it is not a branch or representative office);
• has SOUT as its main activity;
• passed accreditation in accordance with the order of the Ministry of Social Development No. 205n dated 01-04-10;
• has a staff of specialists (5 or more) authorized to carry out such an assessment, at least one of them has the appropriate specialized education in the specialty (occupational, general hygiene, laboratory tests of a sanitary and hygienic nature);
• has a laboratory equipped for conducting SOUT.

The company does not have the right to conduct such research independently. At the same time, the employer is obliged to form an internal commission that will work together with representatives of a third-party organization. According to Art. 9 Federal Law No. 426 the number of commission members must be odd.

For small businesses the following is established:

• the commission must consist of a manager (personally) or an individual entrepreneur;
• there should be an OT specialist on the commission.

In the latter case, this may be either an employee of the company who has undergone appropriate training, or a representative of a third-party organization providing OT services under a contract. If there is a trade union, its representative must be included in the commission (clause 9, paragraph 3, article 9 of Federal Law No. 426).

Important! When compiling a list of SOUT objects, places with the same characteristics are identified: by profession (position), by location in similar production areas (premises), etc. If there are such places, then they are not fully assessed, but only in the amount of 1/5 of the total numbers. The number of jobs cannot be less than 2. It is believed that in this way all similar workplaces have been tested (Article 16, paragraph 1 of Federal Law No. 426).

Based on the results of the special assessment, a third-party specialized organization draws up a document - a report, which is signed by the commission. Objections of the commission or one of its members, if they arise, are attached to the report.

The report is needed for:

• write-off of costs for carrying out SOUT;
• planning and writing off labor costs;
• formation of the tariff according to DSV.

New jobs, in accordance with the law, must be certified within six months. The same procedure applies if the technology used in any workplace has been significantly changed.

Important! SOUT is carried out in the context of workplaces, not employees. If in a small enterprise one employee combines several positions, in accordance with staffing table determine how many jobs he actually occupies. Conduct SOUT for each workplace.

Based on the results of a special assessment of working conditions, the company submits a declaration to the territorial labor inspectorate. This must be done no later than 30 days after the document has been approved.
The declaration is valid for 5 years, this period can be extended in the absence of occupational diseases and injuries in the work team.

The document is filled out in accordance with the order of the Ministry of Labor No. 80n.

How much does it cost

The amount of remuneration for the work of specialized organizations providing services in the field of SOUT is not regulated by law.

The price is influenced by the following main factors:

• average market price services;
• firm size, number of jobs;
• the presence or absence of negative factors and the degree of their influence;
• volume, completeness technical documentation describing negative factors.

To date market price for one workplace is from 800-900 rubles and above.

Saving can be costly

The Labor Code of the Russian Federation (Article 212) directly obliges the employer to conduct a special assessment of the working conditions of employees.

The legislator and regulatory authorities consider refusal to carry out special operational assessments as a violation of personnel rights. The fines for this violation are quite high. If we take into account the size and number of jobs in small enterprises, it becomes clear that it is not profitable for a manager to break the law.

Amount of penalties (according to the text of Article 5.27.1 of the Code of Administrative Offences):

• for the management of the company - from 5 to 10 thousand rubles;
• per company - from 60 to 80 thousand rubles;
• per entrepreneur - from 5 to 10 thousand rubles.

It is worth noting that in case of repeated violation, the fine for the organization can reach 200 thousand rubles, and for the manager (and individual entrepreneur) - up to 40 thousand rubles. A fine may be issued to the manager and the legal entity he manages at the same time. The fine can be replaced by suspension of the company's work for up to 90 days.

When there is no need to carry out SOUT

SOUT is not carried out if the employee works from home, works remotely, works at individual(not individual entrepreneur). There is no need to carry out special assessments for vacant jobs - there are no workers, their working conditions cannot be assessed.

It follows from the above that if all employees of a small business perform their duties remotely, and the manager works with documentation and solves the problems of the company’s functioning from home, an assessment of working conditions is not required. Organizational structure, the size of small enterprises and micro-firms makes it possible to have such a “remote” staff without any damage to business.

Results

1. The vast majority of business entities need to complete a special assessment of working conditions (SAL) by the end of this year.
2. There are no exceptions for small businesses.
3. To carry out SOUT, an agreement is concluded with a specialized third-party organization.
4. Prices for special assessment services are not as high as fines for violating the law.
5. Small businesses are in an advantageous position because they have a small amount of work places.
6. If there are homeworkers or remote workers on the MP staff, they may not conduct SOUT.