Special assessment of working conditions definition. Special assessment of working conditions: mistakes of employers

Effective since the beginning of 2014 the federal law dated December 28, 2013 No. 426-FZ (hereinafter referred to as the Law on SOUT). Its provisions completely abolished the certification of jobs, and instead introduced new order analysis harmful factors work - a special assessment of working conditions (hereinafter - SOUT).

Despite the fact that the transition period is still ongoing, and for many, the deadline for conducting the SOUT will be December 2018, labor inspectorates are already conducting regular and unscheduled inspections, revealing thousands of violations. In order not to incur fines and penalties, employers should understand innovations as early as possible.

The essence of the special assessment of working conditions

SOUT, in essence, is a check and evaluation independent experts working conditions at predetermined workplaces. If the work is associated with harmful and dangerous effects, a specialized organization makes the necessary instrumental measurements and, having established the impact of the conditions on the people working there, assigns one of the possible classes to the workplace:

• Optimal; valid;
• Harmful; dangerous.

The amount deducted by the employer for his employees in the FIU, as well as the amount of benefits due to employees, depends on the results of the SOUT ( additional leave, reduced hours, etc.).

Reducing the influence of the detected harmful factors in the future can minimize the established additional tariff and even reduce it to zero, and will also reduce the employer's expenses for compensation and guarantees for employees engaged in hazardous production. Turns out than better conditions labor of employees, the less the employer will have to pay.

Who needs to carry out SOUT?

The Law on SOTS imposes the obligation to finance and organize the special assessment process on all employers - legal entities and individual entrepreneurs who employ employees. Accordingly, a special assessment of working conditions is not required:

1) Entrepreneurs conducting activities without hiring employees;

2) For employers - individuals.

What is subject to special assessment?

The working conditions of employees are evaluated according to the physical parameters of their workplaces, i.e. places under the control of the employer, to which employees need to come to carry out their official duties. According to the Law on SOUT, the places of all employees, except for those who:

• works for employers - individuals;
• works at home;
• performs work remotely.

Checking working conditions is carried out at all workplaces, taking into account their similarity. Equivalent jobs are those that:

• are located in the same type of zones with the same conditions of lighting, ventilation and heating;
• equipped with the same production equipment and means personal protection;
• assume the work of employees with the same positions and labor functions.

Despite the fact that only a fifth of similar jobs (but not less than two) are subject to verification, the results of a special assessment of working conditions apply to all similar places.

Terms of the planned SOUT

From 2014 to 2018, legislators have provided for a transitional period during which the results of the previously conducted certification of workplaces will be valid and a stage-by-stage implementation of a set of assessment measures will be possible. However, there are workplaces where SOUT needs to be carried out immediately. The Law on SOUT lists the deadlines given to employers for obtaining the primary results of a planned special assessment for various groups of jobs:

1) At workplaces certified up to entry into force of the Law on SOUT, the special assessment is carried out until the end of the validity of the certification results, i.e. within five years from the date of its implementation.

Important! At the initiative of the employer, an early scheduled special assessment is possible. This may be required if the working conditions at the workplace have been improved since the certification, and based on the results of the SOUT, the employer plans to reduce its costs for providing guarantees and compensations to privileged categories of employees.

2) At workplaces that are active and not subject to certification earlier:

a) The special assessment is carried out until December 31, 2018, if the type of these jobs is not listed in paragraphs 1, 2, part 6 of Art. 10 of the Law on SOUT. This list includes the workplaces of employees whose duties are related exclusively to:

• work on computers;
• periodic use of printers, photocopiers, as well as household appliances.

However, the process of organizing the SAUT should be carried out in stages and not postponed until the end of 2018. After all, the rush demand for the services of experts and the workload of specialized organizations - appraisers at the end of the transition period may create conditions in which it will become impossible to obtain the results of the SOUT within the specified time frame.

b) A special assessment is made immediately if the type of these jobs is included in paragraphs 1, 2, part 6 of Art. 10 of the Law on SOUT. Such jobs include those where work provides employees with:

• early retirement;
• guarantees and compensations in connection with dangerous and harmful working conditions.

When does the five year term end? of the results of the initial SUT, it becomes necessary to re-evaluate, but only for those employers who have previously identified hazardous or harmful conditions labor. For employers who have a declaration of compliance of workplaces with established standards (of course, if working conditions have not changed and remain safe), the effect of the results recorded by the primary SOUT is extended for the next five years, reducing the employer's costs for special assessment activities.

If no circumstances arise that invalidate the declaration, it, according to experts, will continue to work, because the Law on SATS does not provide for the number of possible extensions. However, this issue has not yet been arbitrage practice and it is quite possible that other opinions may soon arise.

In what cases is an unscheduled SOUT required?

The transition period does not apply to unscheduled special assessments, which means that now all employers who experience the events listed in Art. 17 of the Law on SUT, within six months they are required to carry out unscheduled measures to assess working conditions. Conditions that cause an unscheduled SOUT include:

• the emergence of new jobs, including those for only registered employers;
• change production process, the composition of the materials used and other factors that may affect the harmfulness and danger of labor for workers;
• an occupational disease of an employee or an accident at work, the occurrence of which is associated with hazardous working conditions;
• union demand;
• labor inspectorate order.

Who conducts a special assessment of working conditions?

To identify potential dangerous factors, measuring deviations from the norm, as well as to formalize the results of the SOUT, the employer must attract a specialized organization on the basis of a civil law contract. In addition, it is possible to conclude a voluntary liability insurance agreement in parallel in order to minimize the risk of damage in the process of measurements, research and other aspects of the work of experts.

Taking into account the requirements of the Law on SUT regarding the independence of experts, restrictions are imposed on the list of persons allowed to conduct a special assessment. For example, the founder of the audited organization or his close relative cannot conduct the SATS.

Specialized organizations must also comply with the conditions prescribed in the Law on SOUT, compliance with which is confirmed by attestation of the Ministry of Labor of the Russian Federation and inclusion in a special register open for review on the website www.rosmintrud.ru. In particular, until December 2018, this register will also include firms that were previously admitted to attestation of workplaces and have an accreditation certificate valid for the current date.

Before concluding an agreement on the conduct of the SAUT with any company, the employer must check its compliance with all legal requirements. Otherwise, the results of the special assessment of working conditions may be canceled by the labor inspectorate, and the employer will have to bear the costs of a repeated, unscheduled assessment.

Results of a special assessment of working conditions

The results of the SOUT are drawn up in the form of a report of an expert organization in the form approved by the Ministry of Labor. The document reflects a list of specific jobs and the classes and subclasses of working conditions established for them. The results of the SOUT come into effect from the date of signing the report and oblige the employer to:

• transfer to the FIU additional (for the classes "harmful" - from 2 to 7% and "dangerous" - 8%);
• provide necessary guarantees and compensations to employees;
• provide employees with the necessary protective equipment;
• carry out activities that affect the minimization and elimination of harmfulness and danger of production factors;
• exercise control over maintaining the safety of workplaces included in the "optimal" and "acceptable" classes.

The report must be familiarized with the report in the next 30 calendar days to all employees whose workplaces were checked during the SATS. If the employee does not agree with the results, he has the right to request a state expertise in relation to his workplace. If the results of the SOUT do not suit the employing organization, he can submit an application to the Ministry of Labor and Social Protection, appeal against the unreasonable or inaccurate results of the audit and conduct a second special assessment.

In addition, within the next month, the results of the SOUT should be posted by the employing organization on the official website (if available). The territorial body of the FSS is notified within the time limits provided for the submission of current reports, and the information is submitted by including Form 4-FSS in section 10.

Responsibility for violations in the field of SUT

During the first year of the Law on SOUT, more than 23 thousand, and for half of 2015 - more than 11 thousand facts of non-compliance with labor legislation were recorded. According to Federal Service labor and employment, which analyzed the identified violations, the most common misconduct of the employer are:

1) Non-conduction of SOUT in cases when it is necessary;

2) Failure to communicate the results of the SOUT to the employees;

3) Violation of the procedure for conducting the SOUT in terms of:

• non-involvement of a specialized organization;
• absence of the commission or non-involvement of employees in its composition;
• analysis of not all relying jobs;

4) Lack of proper registration of the results of a special assessment of working conditions;

5) Failure to provide the proper amount of guarantees and compensations based on the assigned classes of working conditions.

Both the organization that committed the offense and its officials(head, labor protection specialist or other person who, by virtue of the position or order of the director, is responsible for conducting the SATS). Moreover, the application of punishment to a legal entity can be carried out simultaneously with bringing responsible employees to administrative responsibility, which comes from the analysis of Part 3 of Art. 2.1 of the Code of Administrative Offenses of the Russian Federation.

Administrative punishment for non-conduct or violation of the order of organization of the SOUT is determined in accordance with Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, and its shape and size depend on a number of factors:

• in relation to whom it is applied (legal entity, individual entrepreneur or official);
• bringing to responsibility primary or repeated;
• no threat to life and health (warning or fine) or harm to employees (suspension of activities and disqualification of persons) due to the misconduct of the employer.

In particular, the penalties are:

1. For organizations - 60-80 thousand rubles. at the primary and 100-200 thousand rubles. in case of repeated misconduct;
2. For individual entrepreneurs and officials - 5-10 thousand rubles. at the primary and 30-40 thousand rubles. upon repeated misconduct.

When the violation resulted in a threat to human health or an accident, the punishment can be applied in the form of suspension of the activities of a legal entity or individual entrepreneur for 90 days, and officials held accountable are disqualified for a period of one to 3 years.

Conclusion

The state tries to protect its citizens and provide them with certain rights, including the right to safe work. According to statistics, about 40% of existing jobs are associated with risk factors for health and life. By introducing a mandatory assessment of harmfulness and danger working conditions, legislators minimize the likelihood of injuries or illnesses received at work.

I am glad that during state regulation in the field of labor protection, not only “sticks” were provided in the form of fines and penalties for failure to comply with the requirements of the Law on SAUT, but also “carrots” that provide a conscientious employer with a minimum additional costs and permanent renewal of the declaration of conformity. In addition, for the employer, who organized the SOUT in time and with high quality, even reports to the state information system can be sent by a specialized company that conducted the assessment.

1. What is a special assessment of working conditions and which organizations and individual entrepreneurs should conduct it.

2. Why should an employer conduct a special assessment of working conditions.

3. What legislative and regulations regulate the conduct of a special assessment of working conditions.

Since 2014, certification of workplaces in terms of working conditions has been replaced by a special assessment, in connection with the adoption of the Federal Law of December 28, 2013 No. special evaluation working conditions". Information on the results of the special assessment carried out in without fail should be reflected in the 4-FSS report (table 10) starting from the report for the first quarter of 2014. Moreover, all insurers must fill out table 10, including those who did not conduct a special assessment of working conditions (read more about the filling procedure in the article). However, despite the fact that the introduction of a special assessment of working conditions is no longer new, there are still many questions regarding the procedure for its implementation, its mandatory nature, etc. In this article, I propose to consider which organizations and individual entrepreneurs should conduct a special assessment and why.

First of all, let's understand what a special assessment of working conditions is. According to Article 3 of Law No. 426-FZ, a special assessment of working conditions is a set of measures to identify harmful and (or) dangerous factors production environment and the labor process and assess the level of their impact on the employee. Based on the results of its implementation, classes and subclasses of working conditions are assigned to workplaces, and an action plan is developed to improve working conditions.

Which employers and with what frequency should conduct a special assessment of working conditions

All employers must conduct a special assessment, such an obligation is established by paragraphs. 1 p. 2 art. 4 of Law No. 426-FZ, regardless of legal status (organization or individual entrepreneur), type of activity, number of employees, etc. Moreover, a special assessment of working conditions should be carried out in relation to all jobs, with the exception of homeworkers and remote workers (clause 3, article 3 of Law No. 426-FZ).

! Note: special assessment is also subject to workplaces where employees are engaged exclusively in working with a personal computer and other office equipment. Previously, such jobs were not subject to mandatory attestation according to working conditions.

A special assessment of working conditions must be carried out at least once every five years. However, in the presence of the circumstances specified in Art. 17 of Law No. 426-FZ, an unscheduled special assessment should be carried out (for example, when new jobs are introduced, there is an order from the labor inspectorate, in the event of an accident at the workplace, etc.).

! Note: if the employer carried out certification of workplaces in terms of working conditions, then a special assessment in relation to these workplaces may not be carried out within five years from the date of completion of the certification (if there are no grounds for conducting an unscheduled special assessment of working conditions).

Why does an employer need to conduct a special assessment of working conditions

The results of the special assessment carried out are used in the following cases:

1. As a justification for the costs of taking measures to improve working conditions and labor protection (purchasing personal and collective protective equipment for workers, conducting mandatory medical examinations) in order to reimburse them from the Social Insurance Fund.

The procedure for reimbursement of such expenses at the expense of the FSS and the list of expenses subject to reimbursement are established by Order of the Ministry of Labor of Russia dated December 10, 2012 No. 580n “On Approval of the Rules financial support preventive measures to reduce occupational injuries and occupational diseases workers and health resort treatment of workers employed in work with harmful and (or) dangerous production factors. According to paragraph 3 of the Rules, the insured has the right to reimburse at the expense of the FSS, for example, the costs of:

• implementation of measures to bring the levels of exposure to harmful and (or) dangerous production factors at workplaces in accordance with state regulatory requirements for labor protection;
• , as well as flushing and neutralizing agents;
• sanatorium-and-spa treatment of workers employed in work with harmful and (or) dangerous production factors;
• conducting mandatory periodic medical examinations (examinations) of employees employed in work with harmful and (or) dangerous production factors;
• purchase by insurers of first aid kits;
• and other expenses specified in the Rules.

2. To justify the costs of taking measures to improve working conditions and labor protection (purchase of collective protective equipment, equipment of workplaces, for example, lighting fixtures, equipment for recreation areas, etc.) for tax purposes.

3. To establish an additional rate of insurance premiums in Pension Fund RF, taking into account the class (subclass) of working conditions at the workplace. The sizes of additional tariffs are established by part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund":

4. To calculate discounts (surcharges) to the insurance rate for the mandatory social insurance from accidents at work and occupational diseases.

The methodology for calculating discounts and surcharges to insurance rates for compulsory social insurance against industrial accidents and occupational diseases was approved by Order of the Ministry of Labor of Russia dated August 01, 2012 No. 39n. In accordance with it, the specific amount of the discount or premium is set by decision of the FSS within 40 percent of the approved insurance rate. In this case, the premium is set at the initiative of the FSS, and the discount is set at the request of the insured.

5. To establish for employees the stipulated Labor Code RF guarantees and compensations.

Guarantees to employees based on the results of a special assessment of working conditions are also provided for by Decree of the Government of the Russian Federation of November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for employees employed hard work, work with harmful and (or) dangerous and other special working conditions.

6. For other purposes, the list of which is contained in Article 7 of Law No. 426-FZ.

So, we have clarified the "theoretical" aspects of a special assessment of working conditions: who, when and why should conduct it. In I will write about the “practical” issues associated with a special assessment: what is the procedure for conducting it and, most importantly, how the costs of conducting it are taken into account.

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Legislative and regulatory acts:

1. Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions”
2. Order of the Ministry of Labor of Russia dated December 10, 2012 No. 580n “On Approval of the Rules for Financial Support of Preventive Measures to Reduce Occupational Injuries and Occupational Diseases of Workers and Sanatorium and Resort Treatment of Workers Employed at Work with Harmful and (or) Dangerous Production Factors”
3. Federal Law No. 212-FZ dated July 24, 2009 “On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”
4. Order of the Ministry of Labor of Russia dated August 1, 2012 No. 39n “On Approval of the Methodology for Calculating Discounts and Surcharges for Insurance Rates for Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”
5. Decree of the Government of the Russian Federation of November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions”

How to get acquainted with the official texts of documents - see the section

Until 2014, in order to determine the conditions under which employees carried out their activities, enterprises carried out such activities as certification of employees' places, as a result of which the degree of harmfulness of a particular production was determined. As a result of work attestation commission employees of such production were assigned various compensations.

But starting from January 1, 2014, in accordance with Federal Law No. 426-FZ (dated December 28, 2013), completely new measures were regulated to determine a special assessment of working conditions (SOUT). Apparently, there were good reasons for the appearance of such a document. What is a special assessment of working conditions? Let's figure it out. After all, "not the gods burn the pots."

What is the procedure?

What is a special assessment of working conditions? This is a whole complex of measures, which is aimed, first of all, at determining all production factors dangerous and harmful to life and health of people. Members of the commission take samples and do analyses. After comparing the data obtained with the standard indicators, experts assess how negative factors affect the physical and psychological state of workers.

Let's continue to consider what it is - a special assessment of working conditions? This is, first of all, a progressive technology, which is the best close to world practice. This is an updated mechanism for the formation of a certain package of compensation and guarantees for workers who have to work within hazardous production cycles.

Now it becomes clearer what it is - a special assessment of working conditions? This is the cornerstone of the entire system of labor protection for workers that is in force today. This is a new algorithm for calculating pension and social contributions.

The purpose of the special assessment of working conditions

Working conditions in any production are divided into classes and subclasses, in accordance with which employees are assigned certain compensations and benefits.

Important! Unlike the previous algorithm for calculating compensation, the SOUT system allows you to take into account not just a list of negative factors, but the actual one.

In addition, with the introduction of the new law, those employers who have created favorable working conditions. Now they do not need to conduct costly certifications on a regular basis and make additional insurance premiums for each employee. As for the heads of enterprises that have "harmful" jobs, they are subject to more stringent requirements, as well as increased control. That is, the purpose of the SOUT program is:

• significant improvement necessary conditions labor;
• reducing the percentage of jobs that are "harmful" in the total volume of production.

In which enterprises should such a procedure be carried out without fail?

In accordance with the legislation, it is the responsibility of almost all employers to carry out such a procedure as determining the SOUT. This applies to all companies and enterprises:

• who have not heard about such an event as attestation of workplaces at all and, of course, have not carried it out before;
• who heard and conducted, but the deadlines for taking its results into account have long expired;
• in which new jobs have been created or a change in the technological cycle has occurred.

Not to carry out SOUT can only:

• Individual entrepreneurs who have created jobs exclusively for themselves, that is, self-employed citizens.
• Individuals who work under an employment contract (for example, those who work at home) and do not have the status of an individual entrepreneur.
• Civil servants included in a certain limited list: in order to preserve state secrets.

Important! Organizations in which attestation took place shortly before the entry into force of Federal Law No. 426 may temporarily (until the expiration of five years) not conduct an SOUT, since during this period the results of the last audit will be taken into account.

How often is this procedure carried out?

The frequency of a special assessment of working conditions (scheduled) should not be more than once every five years. This happens only if nothing changes in terms of working conditions.

On a note! Otherwise, you will not "get out" of the SOUT, which will have to be carried out unscheduled.

The frequency of a special assessment of working conditions is enshrined in the legislation of Russia, and the timing of its subsequent conduct depends on the date of the previous SOUT.

Important! We remind you once again that according to the requirements of the Order of the Ministry of Health and Social Development of Russia No. 342n (dated April 26, 2011), all the results of an attestation check conducted before January 1, 2014 have legal force for 5 years, starting from the date of its conduct. This postulate does not work if there is an urgent need to conduct an unscheduled SOUT.

Who is authorized to implement the SUT?

The commission for conducting a special assessment of working conditions includes experts invited from outside (that is, who are not employees this enterprise) and representing the performing company. In addition to them, the number of inspectors includes a group of persons (necessarily an odd number) from the employer, which includes a specialist dealing with labor protection issues and a representative from the trade union organization (if any).

A third-party firm that implements the SUT must meet the following mandatory requirements:

• In a business permit certificate, the main type commercial activities there should be a special assessment of working conditions.
• Employees of this inspection company must have certificates of a certain type, giving the right to carry out such a procedure as SOUT. The minimum number of such employees is five people. And one of these five should be an occupational health doctor.
• The organization should include a laboratory (with authority) in which research and analysis can be carried out to identify harmful and dangerous substances.

Classification of working conditions

Working conditions are classified into several categories:

• very dangerous;
• harmful;
• quite acceptable;
• optimal.

On a note! If the commission in its entirety does not identify any OVPF in the workplace, then the employer is issued a special document called a declaration (for a period of five years), which contains a conclusion that working conditions comply with all state standards. If during this period no accidents are recorded at the workplace, then the extension of the document will occur automatically.

Mandatory stages of the SOUT

This procedure is fully regulated by the Order of the Ministry of Labor dated January 24, 2014, No. 33n (methodology for conducting a special assessment of working conditions). The sequence of events is as follows:

• First you need to make sure the presence of OVPF or their absence. There is no third.
• Further, they must be measured and, of course, subjected to a thorough study.
• Depending on the results obtained, assign the working conditions to a particular class. Everything is pretty elementary.
• And the final stage is to document all the results and conclusions.

Important! Inspectors conducting a special assessment of working conditions must strictly comply with all the requirements set forth in Methodology 33n for conducting a special assessment of working conditions. An exception is the study of the working conditions of employees who have access to information classified as "state secret".

Main activities

The main activities must be carried out in accordance with the Methodology for a special assessment of working conditions 33n. They are carried out in several stages:

• The head of the firm or organization concludes an agreement with the executing company, which stipulates all the conditions for conducting the SOUT.
• The commission in its entirety approves the schedule of the verification procedure. It also clarifies the list of all places that will be subjected to a special assessment of working conditions (33n methodology).
• Experts bypass all workplaces and begin to work with each separate object.
• An employee of the executing company performs detailed description production environment and the process itself labor activity regarding a certain place of the employee; and also tries to identify the sources of OVPF.
• Then begins the process of establishing the existence of acceptable matches between chemical constituents and factors of the working environment; as well as directly labor processes related specifically to the place of the employee (in fact) and provided for in the classifier, which is regulated by law.
• Carries out all the necessary activities related to testing and research, exclusively within the framework of an inspection for OVRF.

• In accordance with the procedure for conducting a special assessment of working conditions, an employee of the executing company examines the documentation provided by the employer: job descriptions; process specifics; technical documentation for that production equipment, which the employee uses in the course of his work; characteristics of the raw materials and materials used; design documents for the construction and reconstruction of facilities on the territory of the enterprise; as well as declarations of conformity, the results of previous inspections and suggestions received from employees to improve their working conditions.
• Compares job titles.
• If they completely coincide with the names indicated in the special document, namely, in the classifier (all in accordance with the procedure for conducting a special assessment of working conditions), the expert identifies them as very dangerous and quite harmful.
• In case of their complete mismatch, it indicates in the report that OVPF were not found at the workplace.
• Working conditions may be considered acceptable if the OVPF has not been identified at all.

Important! In this case, OVPF tests and measurements are not carried out. And the director has every reason to submit such a document as a declaration, which certifies the fact that working conditions fully comply with state standards.

• The professional expert of the executing company records all the results of the check in documents and submits a formalized report on the special assessment of working conditions to the court of a highly qualified commission.

Important! If any of the inspectors is not satisfied with the report on the special assessment of working conditions, then he has the absolute right to state in writing his point of view on this issue in separate document. Then it will be added to the report. This opinion may play an important role in the future.

• After all clarifying information is added to the report on the special assessment of working conditions, the data is entered into the global information accounting system.

Unscheduled SOUT

The reasons for conducting an unscheduled SOUT may be:

• Formation of a new company or enterprise.
• Commissioning of additional protective equipment, as well as taking measures to reduce the level of harmfulness.
• Change in production technological process, as well as replacing a set of equipment with a new one.
• The use of new, hitherto not used in this production, materials and raw materials.
• Commissioning of newly organized work places.
• prescription government agencies authorities (for example, the Labor Inspectorate).
• The occurrence of accidents at work.

• The requirement of an elected body, which is designed to express the interests of workers (for example, a trade union cell).
• Identification of occupational diseases in workers provoked by hazardous production.

Important! If one of the above situations has arisen, then the special assessment must be carried out within 6 months (to be more precise, within 180 days, and not a day later).

What is subject to special evaluation?

Members of the commission, working on the territory of the customer and conducting a special assessment of working conditions, install and inspect all workplaces. Moreover, similar places of work are studied as one. This is quite rational. That is, if on one vehicle 4 people work in shifts, then only one person needs to be subjected to a special assessment workplace namely the driver's seat. But the results of the check will be extended to all 4 employees. The work of the commission begins with first determining the number of workplaces to be studied, then their exact locations, the degree of illumination, air conditioning, ventilation, and so on and so forth (all in accordance with instructions and regulations). The minimum number of jobs to be checked is two.

Places of employees can be recognized as similar if they meet the following requirements:

• have the same names;
• equipped with identical means of protection;
• are located in the same type of premises;
• the use of the same engineering schemes and objects of labor was revealed.

How important is this procedure for both parties?

Such a procedure as SOUT is important not only for each employee, but also for the employer to no lesser extent. The fact is that for the latter it is important from the point of view of compliance with Russian legislation. And as a law-abiding citizen, in order to avoid various punishments, any leader is interested in conducting the SATS on time. Moreover, all the costs of the audit are covered by the FSS of Russia.

On a note! The company, in case of fixing satisfactory working conditions, can count on certain indulgences regarding social insurance contributions. Hazardous production workers may qualify for certain benefits, for example, early retirement on a well-deserved pension.

Who is responsible for the untimely implementation of the SOUT?

In accordance with the law, all responsibility falls on the shoulders of the head, who is also responsible for all violations, including for the untimely conduct of the SOUT (or even worse, the failure to carry out such a procedure).

It is the employer who must organize and provide such activities as medical checkup on a regular basis; issuance of personal protective equipment, overalls and additional food; the establishment of a working day, reduced in duration; provision of certain benefits and compensations; as well as additional fund deductions and much more.

If the director avoids holding such events, then he may be held administratively or even criminally liable (depending on the severity of the harm caused to the employee). Therefore, you should not delay the “beautiful moment” called SOUT. And it’s better to hold this event as quickly as possible and “sleep well”.

Recent changes in the special assessment of working conditions

• Regarding the submission of a declaration confirming the fact that working conditions at work fully comply with government regulations. Previously, quite recently, it could only be issued if certain places of employees were not identified for OVPF. Now, such a document can be issued for places that were qualified by the members of the commission as quite acceptable or optimal.
• The operation of new places to work, the replacement of a set of equipment with a new one or a change in the algorithm of the technological process entail unscheduled inspection, which must be carried out within a year (i.e. 12 months); in other cases, this term remained the same, namely, six months.
• The transition period has been extended until the end of 2020.
• The rights of the employee have been expanded in terms of the fact that now he has the right to submit objective proposals to his supervisor to improve his working conditions.
• The organization implementing the SUT must be provided in full with all the necessary documentation and oral explanations about the workplace under study.
• Experts conducting independent verification should be guided in their activities by uniform methods.
• The organization that performs the SATS (starting from 2016) must transfer the received and approved results of the SATS to the FSIS (decoding - Federal State Information system).
• If on May 1, 2016 the working conditions in the company were qualified as optimal or acceptable (and earlier they were also recorded as harmful or dangerous), then the manager must submit a mandatory declaration of compliance with state standards in an edited form, indicating jobs.

Since 2014 all employers(companies and individual entrepreneurs) are required to conduct. The article shows the types of workers when a special assessment of working conditions is not required. It should be noted that the results of the certification of workplaces for previous years will be considered valid for five years from the date of conduct. In other words, if certification was carried out in your company, for example, in 2012, then a special assessment for labor will be needed only in 2017. The deadline for conducting a special assessment of working conditions is December 31, 2018.

Special assessment of working conditions in the office or liquidated organization

The company is in the process of liquidation, is it necessary to carry out a SOUT?

Until they are expelled from the Unified State Register of Legal Entities, they can find fault.

Is it necessary to conduct a special assessment of working conditions in relation to the workplaces of office workers (management personnel)?

Yes need. A special assessment of working conditions is carried out in relation to the working conditions of all employees working in an organization or for individual entrepreneur. The exception is homeworkers and remote workers (Article 3 of the Federal Law of December 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”).

There was a rumor that the acceptance of annual financial statements for those taxpayers who did not care about the implementation of the SATS would be refused. Phone calls with such threats began to receive accountants.

Under the auspices of SOUT, commercial firms are trying to sell their services.

As for the 4-FSS report, it SOUT data are reflected at the beginning of the year, which means that data on the special assessment conducted this year will appear in the report for the 1st quarter of 2019.

What jobs need to be certified?

By general rule, SOUT includes the measurement of hazardous production factors during the implementation, for example, of regular production processes.

SOUT must be carried out at all workplaces, even on those where there is no “harmfulness” factor (for example, the workplace of an accountant, manager, director), with some exceptions (see below). With regard to jobs that are recognized as similar, it is sufficient to conduct a SATS for only 20% of such jobs (but not less than two jobs). Therefore, the results of the assessment will be distributed automatically to other jobs (Article 9 of Law No. 426-FZ).

Important! For example, if a company employs six auditors who are in the same room, use the same equipment (computer, printer, etc.), then their jobs can be considered similar and instead of six, only two jobs can be evaluated.

Jobs of a manager and an accountant (different functions, positions) cannot be considered similar and the 20% rule (but not less than two jobs) does not apply in this case.

There are also circumstances under which there is a need for an early assessment. They are listed in paragraph 1 of article 17. These circumstances include:

• Identified occupational diseases caused due to the influence of harmful production factors on the employee.
• Workplace accidents.

The transition from attestation to special assessment is regulated by Article 27 of Law No. 426-FZ. Law No. 426-FZ (clause 3, article 3) changed the list of jobs that are subject to special assessment. Differences in approaches to attestation and special assessment are described in the Table below.

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Penalties will start in 2019. The minimum fine is 60 tr. Evaluation data are shown in Table 5.

Is it necessary to conduct a SAOT if the organization has only a director, and wages are not accrued?

The employer must comply with the obligations labor law, including legislation on the special assessment of working conditions (Article 22 of the Labor Code of the Russian Federation). Also on the basis of Part 2 of Art. 4 of the Federal Law No. 426-FZ, he is obliged to ensure the implementation of the SOUT.

From the above norms it can be seen that for an organization in the state of which there are no wage-earners except for the director, there are no exceptions. Therefore, it is necessary to carry out a SOUT in relation to the workplace of the director.

The CEO cannot be a remote worker. If there is an office rental, then there is a workplace.

Note: But if the company is registered at the director's residential address, then he is already a homeworker!

Rostrud considers: there is an office rental - there is a workplace, if not for all employees, but CEO- exactly. And even if the office rent is a necessary expense due to the legal address, and the general works at home. You have to pay - either for a special assessment, or a fine. Any worker, except for the CEO, can be a remote or homeworker.

There is an old comment from 2015 information portal Rostrud "Onlineinspektsiya.RF", September 2015 on Garant... link

From 2020, fines for SOUT will automatically go

From 2020 to automatic mode they will begin to fine enterprises with jobs that have been operating for more than a year and for which there is no information about the implementation of the SATS in the FSIS SATS system.

Data on SATS have been entered into the FSIS SATS since 2014, but in the first year not all SATS results were included in the system. Therefore, accurate data that you can use. To punish employers who did not conduct the SOUT, there is only from 2015. And employers will automatically be fined from 2020.

Until that time, the fine threatens only enterprises. Which the labor inspectorate in 2019 will check according to the plan or outside the plan. Now Rostrud is preparing draft legal acts. Which will regulate how the inspection will involve enterprises in automatic mode.

Companies who are required to conduct a SOUT

1 . Companies that did not carry out attestation of workplaces in previous years or did, but the validity of the results has already expired.

2 . Companies that have established new jobs (excluding teleworkers and homeworkers) or have changed their workflow.

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How to save on a special assessment of working conditions

Companies can evaluate jobs with optimal and acceptable working conditions once, and not every five years. Further, it is enough to include such places in the declaration of conformity. These and other amendments were introduced by Federal Law No. 136-FZ dated May 1, 2016 to Article 11 of Law No. 426-FZ, which has been in force since May 1, 2016.

After a special assessment, the company submits to the labor inspectorate. Previously, only places without harmful factors were included in the declaration. Now companies declare jobs with optimal or acceptable working conditions.

1. 
   Based on the results of a special assessment of labor, employers submit a declaration. The sample and form of such reporting and the procedure for filling it out were approved by order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n.
2. 
   What is more profitable - to conduct a special assessment of labor or pay additional contributions? How to apply an additional rate if an employee combines two types of hazardous work? Conducting an assessment of working conditions.