Special Labor Assessment- this is a single set of consistently implemented measures to identify harmful and (or) dangerous production factors and assess the level of their impact on the employee. According to the results special assessment labor, classes and subclasses of working conditions in the workplace are established.

How to conduct a special assessment of working conditions

The procedure for the new procedure for assessing working conditions is prescribed in the Law of December 28, 2013. 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.

Along with this, the results of certification of workplaces, carried out according to the rules established by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n, are still in effect. In general, the results of certification carried out before January 1, 2014 are valid for five years from the date of completion of this certification (except for cases where a special assessment of workers’ working conditions needs to be carried out unscheduled).

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How to save money on a special assessment of working conditions, how to get COMPENSATION from the Social Insurance Fund

Companies can not every five years

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

The law applies to relationships from January 1, 2014. That is, companies have the right to clarify a previously submitted declaration. To do this, fill out a new form taking into account the changes, and write in the header that this is updated reporting.

Declared places do not need to be re-evaluated. The company will file a new report that will remain in effect for another five years. The benefit is valid provided that there are no accidents or occupational diseases. Otherwise, a new assessment is needed.

Change of employee's full name, workplace name, reorganization of a legal entity

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Special assessment of working conditions

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 the established standards (Clause 1, Article 3 of the Law of December 28, 2013 No. 426-FZ).

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

According to paragraph 3 of Article 3 of the Law of December 28, 2013, a special assessment of working conditions not carried out in a relationship:

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

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

Even if employees constantly work on the territory of the customer, and not on the territory of the enterprise or organization, it is still necessary to conduct a labor assessment, because this category of employees is not named in the list of employees for whom a special assessment of working conditions is not required. And the list is closed. Therefore, such an assessment must be carried out, and any employer must do this, without exceptions (Clause 2 of Article 8 of Law No. 426-FZ of December 28, 2013). Otherwise, without conducting a special assessment of labor in relation to such employees, the organization will violate the requirements of labor legislation. This may result in administrative liability.

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Who and when is required to conduct a special assessment of working conditions?

All employers, as well as those who hired employees, are required to conduct a special assessment of the working conditions of workers.

Entrepreneurs without hired personnel are not employers, so they do not need to conduct a special assessment. But as soon as at least one employee appears on the staff, the entrepreneur will have to organize a special assessment of the newly created workplace.

Individuals without individual entrepreneur status who have hired workers do not conduct a special assessment.

Note: Article 3 of Law No. 426-FZ.

if during the period of its validity there are no circumstances specified in part 5 of this article, the validity of this declaration is considered extended for the next five years.

For 5 years there were no accidents or occupational diseases

Companies can evaluate jobs once with optimal and acceptable working conditions, and not every five years. Then it is enough to include such places in the declaration of conformity. These and other amendments were made the federal law dated 05/01/16 No. 136-FZ, which is valid from 05/01/2016.

How to extend the validity period of the SOUT declaration: clarifications of the Ministry of Labor

In the absence of accidents at work and identified occupational diseases, the validity of the SOUT declaration is extended for another five years. Should the employer submit to the labor inspectorate any documents that will confirm the deadline for extending the declaration and the date of the next special assessment of working conditions? The Ministry of Labor answered this question in a letter dated August 30, 2019 No. 15-1/OOG-1968.

If during the validity of the declaration no accidents have occurred or no occupational diseases have been identified, then its validity period is automatically extended for five years. The deadline for conducting a special assessment of working conditions at declared workplaces is also postponed for five years. Documentary confirmation of the deadlines for extending the declaration and conducting the next scheduled special assessment of working conditions is not required.

The new company did not conduct a special assessment

A special assessment needs to be carried out within six months from the date of commissioning of new workplaces. This procedure follows from the provisions of Article 17 of the Law of December 28, 2013 No. 426-FZ.

Labor inspectors fined the company under Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation in the amount of 60,000 rubles. for not carrying out a special assessment. The Supreme Court overturned the decision on the fine because the inspectors did not take into account the specifics of the jobs provided for staffing table companies.

1. The company does not have jobs for which a special assessment needs to be carried out as soon as possible. Such jobs are listed in Part 6 of Federal Law No. 426-FZ dated December 28, 2013.
2. the company has no reason to conduct an unscheduled special assessment. It is carried out in cases established by Federal Law dated December 28, 2013 No. 426-FZ.

The judges indicated that the company has the right to conduct a special assessment of its workplaces in stages. The main thing is to complete it before December 31, 2018.

Compensations and benefits are established based on the results of the special assessment (Article 7 of the Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions”). However, until a special assessment has been carried out at the workplace, benefits and compensation for work in harmful and dangerous conditions are set at.

That is, in this situation there may be solutions to the issue, namely:

1 . Can independently attribute working conditions to harmful and establish compensation for employees based on the list approved by the Decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22, and include the corresponding conditions in the employment contract. And after a special assessment, changes will need to be made to the employment contract based on the results of the assessment.

An employee’s right to early retirement depends on 2 conditions:

• recognition of working conditions as harmful based on the results of a special assessment;
• the fact of payment of insurance premiums by the employer.

This rule applies from 01/01/2013. Accordingly, the issue of including the period of work in the preferential length of service before the implementation of special labor training remains controversial; there is a possibility that the employee will need to defend his right in court. In this regard, the SOUT needs to be carried out as soon as possible. If you indicate in your employees’ employment contracts that their working conditions are harmful, you can include these positions in your “List of Preferential Occupations”, but you will need to make deductions, as if a special assessment has not been carried out.

The right to an early old-age insurance pension arises before reaching retirement age under certain conditions. Mother-heroines, disabled people, workers and residents of the Far North.

2 . Can indicate in the employment contract that working conditions are acceptable, and not establish compensation, but after a special assessment, make changes to the employment contract. However, in this case, this period of work will not be included in the length of service giving the right to early retirement.

It should be taken into account that if working conditions are classified as harmful or dangerous, the employee’s right to receive appropriate compensation will arise from the moment he is hired for this job. workplace, and not from the moment the special assessment is completed. Accordingly, if an employee, for example, is entitled to additional leave, he will be entitled to it for the entire period from the date of admission to this workplace.

Note: Some authors point out that in the absence of workplace certification and special assessment, data on working conditions at the workplace does not need to be included in the employment contract. However, this position contradicts the provisions according to which data on working conditions are mandatory for inclusion in any employment contract and there are no suspensive conditions when making these changes to Art. The legislator did not introduce Article 57 of the Labor Code of the Russian Federation. From which it follows that the formal absence of a description of working conditions at the employee’s workplace is already a violation of labor legislation, for which the employer can be held liable.

It is necessary to conduct a special assessment of working conditions in temporary or seasonal jobs

A special assessment of working conditions must be carried out even in temporary (created for a period of less than 12 months) or seasonal jobs. The Ministry of Labor of Russia reminded about this, as well as when to conduct an assessment, in letter dated 08/20/17 No. 15-1/OOG-2410.

At the workplaces of employees, except for homeworkers and remote workers, a special assessment is mandatory. In this regard, the employer must conduct a special assessment, including at temporary or seasonal jobs. This can be done during the implementation period in such places production activities.

CONDUCTING A SPECIAL ASSESSMENT OF WORKING CONDITIONS AT TEMPORARY WORKPLACES

We look at clause 15 of the Methodology for conducting a special assessment of working conditions, approved by Order of the Ministry of Labor of Russia dated January 24, 2014 N 33n. According to this standard, all research and measurements within the framework of the SOUT should be carried out during the implementation of standard production (technological) processes. This means that SAW should be carried out at a temporary or seasonal workplace during the period of production activities there (Letter of the Ministry of Labor of Russia dated 06/07/2017 N 15-1 / OOG-1568).

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The organization conducting the special assessment. Specialized labor appraiser

An organization that conducts a special assessment of working conditions must meet the following requirements:

• she must be an independent person in relation to the employer;
• in her statutory documents conducting a special assessment of working conditions must be registered as the main activity;
• accredited in the manner prescribed by order of the Ministry of Health and Social Development of Russia dated April 1, 2010 No. 205n. The list of accredited organizations is published on the official website of the Russian Ministry of Labor;
• the organization must have at least five experts, working on employment contract and having an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert who has higher education in one of the specialties; medical doctor general hygiene, occupational health doctor, sanitary and hygienic laboratory doctor;
• In the organisation must be testing laboratory (center), which is accredited by the national accreditation body of Russia in the manner established by the legislation of the Russian Federation, and the scope of accreditation of which is conducting research (tests) and measurements of harmful and (or) hazardous factors in the working environment and the labor process.

The procedure for admitting organizations to conduct a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities to conduct a special assessment of working conditions in workplaces is established by the Government of the Russian Federation.

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Special Assessment Commission

To organize and conduct a special assessment of working conditions, the employer needs to create a commission. The number of commission members must be odd. The employer also approves the schedule for conducting a special assessment of working conditions. The employer approves the composition and procedure of the commission by order. The commission is headed by the employer or his representative.

The commission for conducting a special assessment of working conditions, as a rule, includes:

• employer representatives. These could be leaders structural divisions, HR specialists, medical workers;
• occupational safety specialist;
• representatives of the elected body of the primary trade union organization.

The commission is headed by the employer or his representative (clause 4 of article 9 of the Law of December 28, 2013 No. 426-FZ).

How to form a commission to conduct a special assessment for an entrepreneur working alone or an organization with one employee-director

If the entrepreneur or organization has no employees, then there is no need to create a commission at all. When there is at least one employee on staff, the commission must consist of at least one person.

It is necessary to form a commission only when there is an obligation to conduct a special assessment of working conditions. And this applies to all employers - organizations, entrepreneurs and citizens who have hired employees. That is, those who work under employment contracts (Part 4 of Article 20 of the Labor Code).

Therefore, if an entrepreneur works alone and does not have hired personnel, then there is no need to conduct a special assessment. An entrepreneur is not his own employer. Therefore, there is no need to create a commission.

But if an entrepreneur has at least one employee, he is already considered an employer and, therefore, formally there is an obligation to conduct a special assessment. The same applies to an organization that has, for example, one director working on an employment basis. This single employee will be part of the commission that needs to be formed. The minimum number of commission members is not established by law; it is only stipulated that there should be odd number. When the only employee is the director, he will head the commission for conducting a special assessment, since he is the management body of the organization, performing the duties of the employer in labor relations (clause 2 of article 8, clause 1, 4 of article 9 of the Law of December 28, 2013 No. 426-FZ, part 8 of article 20 of the Labor Code).

Attention: in private clarifications, Rostrud specialists allow not to form a commission to conduct a special assessment of working conditions if the organization has only one employee. This is logical.

After all, the commission is created precisely so that its participants jointly make decisions. And one person makes the decision alone. And therefore there is no point in forming a commission. But we note that the law does not directly say this, and there are no official explanations from the department either. To avoid unnecessary disputes with inspectors, it is easier to write a “piece of paper” and issue an order to conduct a special assessment, in which the composition of the commission should be described.

If, to perform the functions of the labor protection service, the organization attracts specialists under a civil contract, then these people will also be part of the commission. And the commission will again be headed by a director - an employee of the organization. This is stated in paragraphs 1, 3 and 4 of Article 9 of the Law of December 28, 2013 No. 426-FZ.

The commission determines a list of workplaces and labor assessment criteria at which a special assessment of working conditions will be carried out, indicating similar workplaces (clauses 5–7 of Article 9 of the Law of December 28, 2013 No. 426-FZ).

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Similar jobs

Jobs that simultaneously have the following characteristics are recognized as similar:

• profession or position of the same name;
• performing the same professional duties while conducting the same type of work technological process in the same operating mode;
• use of the same type of production equipment, tools, devices, materials and raw materials;
• work in one or more similar premises;
• use of the same type of ventilation, air conditioning, heating and lighting systems;
• identical location of objects (production equipment, Vehicle etc.) in the workplace;
• equal provision of personal protective equipment.

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

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

If, during a special assessment of working conditions, at least one workplace is identified that does not meet the criteria of similarity from among the workplaces previously recognized as similar, then a special assessment is carried out at all workplaces previously recognized as similar.

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The procedure for conducting a special assessment of working conditions

According to Article 8 of Law No. 426-FZ of December 28, 2013, a special assessment of working conditions is carried out in accordance with the Methodology approved by the Russian Ministry of Labor. Frequency of assessment: at least once every five years, unless otherwise provided by the legislation of the Russian Federation. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

Some workplaces are subject to a special procedure for conducting a special assessment of working conditions. The list of such workplaces was approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290. And the procedure for conducting a special assessment will be approved by the Ministry of Labor of Russia during 2014.

The results of the studies (tests, measurements) are documented in protocols in relation to each of the harmful and (or) hazardous production factors that are subjected to such operations.

Based on the results of such studies (measurements), the expert assigns working conditions in the workplace to the appropriate classes (subclasses).

Is it necessary to conduct a special assessment of working conditions if, as of January 1, 2014, the organization carried out certification of workplaces? In general, it is not necessary. If before January 1, 2014, the organization carried out certification of workplaces for working conditions, then, in general, a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the date of completion of this certification. The results of this workplace certification can be used for the purposes of a special assessment of working conditions. That is, if an organization carried out scheduled certification, for example, in 2013, then working conditions will need to be assessed according to the new rules only in 2018. The exception is cases when the employer has a need to conduct an unscheduled assessment (clause 1 of article 17 of the Law of December 28, 2013 No. 426-FZ).

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Phased special assessment of working conditions, assessment for temporary jobs

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

• employees whose professions, positions and specialties are not included in the lists, taking into account which early labor old-age pension is assigned;
• working conditions in which are not recognized as harmful or dangerous.

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

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Unscheduled special assessment of working conditions

Article 17 of Law No. 426-FZ of December 28, 2013 states that an unscheduled special assessment of working conditions should be carried out in the following cases:

1. commissioning of newly organized workplaces;
2. receiving an order from the state labor inspector to conduct an unscheduled assessment in connection with violations identified during an inspection by the labor inspectorate;
3. changes in the technological process, replacement of production equipment, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4. changes in the composition of materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
5. changes in the used personal and collective protective equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6. an industrial accident that occurred at the workplace (except for an industrial accident that occurred due to the fault of third parties) or the identification of an occupational disease, the causes of which were the employee’s exposure to harmful and (or) dangerous production factors;
7. the presence of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers to conduct an unscheduled special assessment of working conditions.

An unscheduled special assessment of working conditions is carried out at the relevant workplaces within 12 months from the date of occurrence of cases from points 1 and 3. If we are talking about circumstances from points 2, 4–7, then an unscheduled special assessment is carried out within six months from the date of the relevant circumstances.

If the last name (first name, patronymic) of the employer-entrepreneur has changed or the employer has been reorganized and the events from points 3–5 and 7 have not occurred, a special assessment may not be carried out.

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Special assessment of working conditions: is it necessary to carry out it at temporary workplaces?

At a newly organized workplace, an unscheduled special assessment of working conditions must be carried out. Moreover, it does not matter for how long this job is created. Letter of the Ministry of Labor dated 06/07/2017 No. 15-1/OOG-1568

The report on the special assessment of working conditions is signed by all members of the commission, and approved by its chairman. Each member of the commission who does not agree with the results of the assessment has the right to express in writing a reasoned dissenting opinion, which is attached to this report.

The employer is obliged to familiarize employees with the results of a special assessment of working conditions at their workplaces against signature. This must be done within thirty calendar days from the date of approval of the report on the special assessment of working conditions, no later. This period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, as well as periods of rest between shifts.

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Use of assessment results

What should an employer do based on the results of a special labor assessment? Based on the approval of the special assessment report, the employer will need to:

• familiarize employees with the results of the assessment (clause 4, part 2, article 4 of Law No. 426-FZ);
• post the results on your website, if available (Part 6, Article 15 of Law No. 426-FZ);
• report to the Social Insurance Fund information about the results of the special assessment (clause 18, clause 2, article 17 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases”).

If a company has conducted a special assessment, it may have to make changes to employment contracts with employees.

It is necessary to make changes to the employment contract with an employee if the working conditions at his workplace have changed. For example:

1. when concluding an employment contract, working conditions were optimal or acceptable (confirmed by the results of workplace certification), but according to the results of a special assessment they were recognized as harmful or dangerous;
2. working conditions were harmful or dangerous (confirmed by the results of workplace certification), and according to the results of a special assessment they were recognized as optimal or acceptable.

In the first case, the employer is obliged to provide the employee with guarantees and compensation for work in new working conditions, and in the second, the employee is deprived of guarantees and compensation for working in harmful or dangerous working conditions.

How to correctly draw up an additional agreement with employees who have been found to have harmful working conditions?

The organization in the described situation must conclude additional agreements to employment contracts with employees. In them, reflect: characteristics of working conditions in the workplace, working hours, increased wages for work in hazardous conditions, the procedure for providing and duration of additional paid leave; provision of therapeutic and preventive nutrition, mandatory medical examination, etc.

How to correctly issue an order to an organization on the results of a special assessment and assessment process

The Law does not require the content of an order issued based on the results of a special assessment. Therefore, the company has the right to include in it the information it deems necessary.

In certain cases, employers must declare that their workplaces comply with established rules and regulations and are not harmful or dangerous to employees. That is, if at the stage of IDENTIFICATION of potentially harmful and (or) dangerous production factors (see above the stages of conducting a special assessment of working conditions), their presence is NOT IDENTIFIED, then you will need to issue a declaration of compliance with working conditions (Part 1 of Article 11 of Law No. 426-FZ). and the procedure for filling it out were approved by order of the Ministry of Labor of Russia dated 02/07/14 No. 80n, which came into force on June 8, 2014.

Attention!

If when establishing based on the results of research (tests) and measurements of harmful and (or) hazardous production factors in workplaces with optimal and acceptable working conditions(grades 1 and 2, respectively) declaration of compliance of working conditions with state regulatory requirements is not carried out ().

In accordance with Article 7 of the Law of December 28, 2013 No. 426-FZ, the results of the special assessment can be used, in particular, for the purposes of:

• development and implementation of measures to bring working conditions into compliance with regulatory labor protection requirements;
• providing employees with personal protective equipment, as well as collective protective equipment;

ADDITIONAL LINKS on the topic

1. 
   What is more profitable – to conduct a special labor assessment or pay additional contributions? How to apply an additional tariff if an employee combines two types of hazardous work? Conducting an assessment of working conditions. And many other answers.
2. 
   Based on the results of a special labor assessment, 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.

21.08.2014

Special assessment of working conditions

On January 1, 2014, Federal Laws No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions” (hereinafter referred to as Federal Law No. 426-FZ) and No. 421-FZ “On Amendments to Certain Legislative Acts” came into force Russian Federation in connection with the adoption of the Federal Law “On Special Assessment of Working Conditions” (hereinafter referred to as Federal Law N 421-FZ). In accordance with Federal Law N 421-FZ, amendments have been made to the Labor Code of the Russian Federation that abolish the procedure for certification of workplaces based on working conditions and introduce a procedure for special assessment of working conditions.

On May 1, 2016, Federal Law No. 136-FZ “On Amendments to Article 11 of the Federal Law “On Individual Personalized Accounting in the Compulsory Pension Insurance System” and the Federal Law “On Special Assessment of Working Conditions” came into force.”

In relation to workplaces, the working conditions in which, 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 the workplaces specified in Part 6 of Art. 10 of Federal Law N 426-FZ "On special assessment of working conditions", the employer submits updated Declaration of compliance of working conditions with state regulatory requirements for labor protection (hereinafter referred to as the Declaration of Labor Safety Regulations) with the inclusion of these workplaces in it.

An updated declaration is submitted to places subject to special assessment in 2014, 2015 and before May 1, 2016. and not declared until this time. For special assessments carried out after May 1, 2016. and to this day, the restriction on filing a declaration of 30 working days from the date of approval of the report on the implementation of the special assessment and assessment continues to apply.

The declaration is submitted by the employer on time no later than 30 working days from the date of approval of the report on the special assessment of working conditions (hereinafter referred to as the special assessment). For violation of the deadline and rules for filing a declaration, the employer may be held administratively liable.

A declaration of conformity with working conditions is drawn up by the employer and submitted to the State Labor Inspectorate in Moscow or sent by post with a description of the contents and a notification of delivery.

To submit a declaration by mail

cover letter with the performer's phone number

Order of the Ministry of Labor of Russia dated November 14, 2016 N 642n) – 1 copy. original

· Declaration on electronic media(Word, docx format, (disk/flash drive)

The declaration can also be submitted in the form electronic document, signed by a qualified electronic signature employer by filling out a declaration form on the official website Federal service on labor and employment (Rostrud) at the link: https://declaration.rostrud.ru/.

Drawing up a declaration and submitting it to the State Labor Inspectorate in Moscow is the responsibility of the employer (Part 1, Article 11 of Law No. 426-FZ). The declaration is submitted in accordance with the Order of the Ministry of Labor of Russia dated 02/07/2014 N 80n (as amended on 11/14/2016) “On the form and procedure for filing a declaration of compliance of working conditions with state regulatory requirements for labor protection, the Procedure for the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory requirements labor protection" (as amended by Order of the Ministry of Labor No. 642n dated November 14, 2016)

The declaration is valid for 5 years from the date of approval of the report on the special assessment (Part 4 of Article 11 of Law No. 426-FZ). This period is extended every five years, unless during this period circumstances arise that, in accordance with Part 5 of Art. 11 of Law N 426-FZ can lead to termination of its validity (for example, an industrial accident with an employee employed at a declared workplace) (Part 7 of Article 11 of Law N 426-FZ).

The register of experts conducting SOUT is posted on the website of the Russian Ministry of Labor at the link: http://akot.rosmintrud.ru/sout/experts/.

Documents required to be submitted to the State Labor Inspectorate in Moscow:

· Declaration of conformity of working conditions (form 80n (as amended by Order of the Ministry of Labor of Russia dated November 14, 2016 N 642n) – 2 copies (original + copy)

· Expert opinion on the results of a special assessment of working conditions (copy)

· Title page of the report (“I approve”) (copy)

· Declaration on electronic media (Word, docx format) (flash drive, return)

· Summary statement of the results of a special assessment of working conditions

Materials must be brought to the State Labor Inspectorate in Moscow at the address:

15.09.2016 10:47:00

Since 2014, all employers are required to conduct a special assessment of working conditions in workplaces, which was introduced instead of certification of workplaces, in order to determine the harmful and dangerous factors affecting workers (Article 212 of the Labor Code of the Russian Federation, Federal Law of December 28, 2013 No. 426 -FZ “On special assessment of working conditions”). Let's consider the features of this procedure.

WHO AND WHEN?

A special assessment of working conditions at workplaces (special assessment) is understood as a single set of consistently implemented measures to identify harmful and dangerous production factors and assess the level of their impact on the employee. Based on the results of a special assessment, classes and subclasses of working conditions are established for different categories of workers. The results of a special assessment of working conditions are used, in particular, to provide employees with guarantees and compensation provided for by the Labor Code of the Russian Federation, as well as to establish additional tariffs for insurance contributions to the Pension Fund of the Russian Federation, calculate premiums (discounts) to the tariff of contributions for compulsory social insurance against accidents at work and occupational diseases and justification for financing measures to improve labor protection conditions ( Art. 7 of Law No. 426-FZ).

This procedure is mandatory for absolutely all employers with employees, without exception, including individual entrepreneurs. There is no need to conduct a special assessment of working conditions for homeworkers and workers who work remotely (Part 3, Article 3 of Law No. 426-FZ). Despite the mandatory special assessment, many employers are in no hurry to carry it out.

As a general rule, a special assessment of working conditions should be carried out at least once every five years, unless there are grounds for an unscheduled assessment (Part 6, Article 27 of Law No. 426-FZ). The specified period is calculated from the date of approval of the report on the previous assessment of working conditions (Part 4, Article 8 of Law No. 426-FZ). It is carried out jointly by the employer and a specialized organization that meets the requirements of Art. 19 of Law No. 426-FZ, in accordance with the Methodology, which was approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n (Part 2 of Article 8 of Federal Law No. 426-FZ).

However, this rule is valid only from January 1, 2014, therefore Law No. 426-FZ establishes transitional provisions regulating the time frame within which the first special assessment of working conditions must be carried out. At the same time, the timing of the planned special assessment depends on whether the certification of workplaces was carried out before 2014.

If certification was previously carried out in relation to workplaces, then a special assessment in respect of such workplaces may not be carried out within five years from the date of completion of this certification, except in cases where the circumstances specified in Part 1 of Art. 17 of Law No. 426-FZ. At the same time, the results of workplace certification can be used during this time for the purposes of a special assessment, but no later than December 31, 2018 (Article 7 of Law No. 426-FZ). In particular, the results of workplace certification are used to determine the additional tariff for insurance contributions to the Pension Fund of the Russian Federation. Thus, if there are current results of workplace certification, according to which working conditions are recognized as harmful and dangerous, differentiated tariffs for additional contributions to the Pension Fund from 2 to 8% are applied (Part 2.1 Article 58.3 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Fund social insurance Russian Federation, Federal Compulsory Medical Insurance Fund", Letters of the Ministry of Labor of Russia dated 04/24/2015 No. 17-3/B-215, dated 03/13/2014 No. 17-3/B-113, dated 04/18/2014 No. 17-3/B- 171). If, based on the results of certification, optimal or acceptable conditions are established, then an additional tariff of 0% cannot be applied. In this case, as well as in the absence of certification results, additional contributions to the Pension Fund of the Russian Federation should be paid at general rates of 9 and 6% depending on the field of activity (parts 1 - 2 of article 58.3 of Law No. 212-FZ and clause 1 , 2 Article 33.2 of the Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation”, Letter of the Pension Fund of the Russian Federation dated February 12, 2014 No. NP-30-26/1707).

At the same time, the employer has the right to conduct a special assessment in the manner established by Federal Law No. 426-FZ, and before the expiration of the existing workplace certification results (Part 4, Article 27 of Law No. 426-FZ). Moreover, for the month in which the special assessment report was approved, contributions on additional tariffs are paid only from that part of the payments that was accrued for the period from the date of approval of the report to the end of the month (Letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3/B- 113).

If workplace certification has not been carried out previously, as a general rule, the special assessment must be completed before December 31, 2018. Moreover, the norms of Part 6 of Art. 27 of Law No. 426-FZ provides that a special assessment can be carried out in stages (Letters of the Ministry of Labor of Russia dated October 20, 2015 No. 15-1 / OOG-5597, dated December 8, 2014 No. 15-1 / B-1829). 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.

There are exceptions to this rule. The provision that the special assessment must be completed before the end of 2018 does not apply to the workplaces of employees specified in Part 6 of Art. 10 of Law No. 426-FZ. These are the jobs of employees whose professions and specialties are included in the lists, taking into account which the early assignment of an old-age labor pension is carried out; workplaces of workers who are provided with guarantees and compensation for working under harmful and (or) dangerous working conditions; workplaces in which, based on the results of previously conducted certification of workplaces for working conditions or a special assessment of working conditions, harmful and (or) dangerous working conditions were established (Rostrud Letter No. 15-1/B-1829 dated December 8, 2014).

At the same time, Rostrud, in Letter No. 2628-6-1 dated November 20, 2015, indicated that a special assessment of those jobs for which there are no valid job certification results should be carried out as soon as possible.

However, the Supreme Court of the Russian Federation, in Resolution No. 36-AD15-5 dated January 22, 2016, confirmed that a special assessment of working conditions for a position not specified in Part 6 of Art. 10 of Law No. 426-FZ, and in the absence of grounds for conducting an unscheduled special assessment, it can be carried out no later than December 31, 2018.

Previously, judicial practice on this issue was contradictory. Some courts believed that it was impossible to postpone a special assessment if the organization had not carried out certification of workplaces. Such conclusions were made in the Appeal rulings of the Arkhangelsk Regional Court dated March 23, 2015 in case No. 33-1316/2015, and the Moscow City Court dated February 26, 2015 in the case№ 33-5865/15 .

However, there is a decision in which the court indicated that if there are no workplaces containing potentially harmful or dangerous factors, a special assessment of working conditions can be carried out in stages and must be completed no later than December 31, 2018 (Appeal definition Chelyabinsk Regional Court dated November 11, 2014 in case No. 11-11698/2014).

Therefore, it is possible to carry out a stage-by-stage special assessment of working conditions in relation to the workplaces of employees not specified in part 6 art. 10 of Law No. 426-FZ:

- whose professions, positions and specialties are not included in the lists, taking into account which an early labor old-age pension is assigned;
- working conditions in which are not recognized as harmful or dangerous.

RESPONSIBILITY

Violation of the terms and procedures for conducting special assessments at workplaces is a violation of labor protection requirements. Therefore, if the organization does not conduct a mandatory special assessment of working conditions, this will be classified as a violation of labor protection requirements.

From Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation it follows that an employer’s violation of the established procedure for conducting special assessments at workplaces or failure to conduct one shall entail a warning or the imposition of an administrative fine:

- on officials and persons carrying out entrepreneurial activity without education legal entity, - in the amount of 5,000 to 10,000 rubles;
- for legal entities- from 60,000 to 80,000 rub.

For repeated violations, a more severe penalty is provided in the form of:

- a fine in the amount of 30,000 to 40,000 rubles. or disqualification for a period of one to three years- for officials;
- from 30,000 to 40,000 rubles. or administrative suspension of activities for up to 90 days- for individual entrepreneurs;
- from 100,000 to 200,000 rubles. or administrative suspension of activities for up to 90 days - for organizations.

Such liability is provided for in Art. 5.27.1 Code of Administrative Offenses of the Russian Federation.

SOME FEATURES

Working conditions in the workplace for a newly registered organization are also subject to a special assessment (Part 1, Article 17 of Law No. 426-FZ). A change of office is also the commissioning of newly organized workplaces. Accordingly, an unscheduled special assessment of working conditions should be carried out at these workplaces. In the situations described, a special assessment is carried out within six months from the date of commissioning of new workplaces (Part 2 of Article 17 of Law No. 426-FZ).

In order to reduce the costs of conducting a special assessment, employers may not conduct it at all workplaces. When similar jobs are identified, a special assessment is carried out only in relation to 20% of them, but at least in two places. The results of the special assessment apply to all similar workplaces (Part 1, Article 16 of Law No. 426-FZ).

Workplaces that are located in one or more of the same type of production premises, equipped with the same ventilation, air conditioning, heating and lighting systems (Part 6, Article 9 of Law No. 426-FZ) are recognized as similar. They also have the following characteristics:

- profession, position, specialty of the same name;
- use of the same production equipment, tools, fixtures, materials and raw materials;
- performing identical labor functions in the same working hours while maintaining the same type of technological process;
- provision of identical personal protective equipment.

​ An unscheduled special assessment is only necessary in certain cases:

- when new jobs appear at the enterprise;
- if she is appointed by the labor inspectorate;
- when changing the technological process, replacing equipment, replacing materials and raw materials used, replacing personal or collective protective equipment, provided that these changes will affect the level of harmful and dangerous factors;

- if an accident or occupational disease occurs;
- at the initiative of the trade union.

​ A special assessment should be carried out within six months from the date of occurrence of any of the listed situations (Part 2 of Article 17 of Law No. 426-FZ). In this case, it is necessary to evaluate only those workplaces where changes have occurred or for which orders have been issued. An unscheduled special assessment is carried out in a manner identical to the procedure for conducting a planned special assessment.Important! The results of certification of workplaces that were issued after December 31, 2013 cannot be used (Letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3/B-113).

T. Nechaeva,

leading consultant DKPO group of companies "U-Soft"

Source: “EZh-Lawyer”, No. 15, 2016 (material posted in SPS ConsultantPlus); electronic resource: consultant.ru.

A special assessment of working conditions (SOUT) today acts as a kind of core of the entire existing labor protection system.

SOUTH and labor protection

Occupational safety (OHS)- a system for preserving the life and health of people during their work activities.

OSH tasks lie within the area of ​​responsibility of the administrative apparatus of the company, whatever its industry affiliation, form of ownership and scale of business.

From a legislative perspective, occupational safety regulation involves:

• formation of general occupational safety standards, safety regulations and industrial sanitation;
• implementation of preventive actions to prevent workers from getting injured at work and the occurrence of occupational diseases;
• maintaining normal working conditions in production, implementing a set of measures to protect it, necessary for the normal performance by personnel of their labor functions;
• providing certain categories of personnel with lower working capacity (due to gender, age, various circumstances) with expanded legal guarantees for occupational safety;
• public and state control of the area under consideration.

The most important role in the OT system is assigned to the SOUTH system.

Special assessment of working conditions (SOUT)- this is an integral set of step-by-step measures to identify harmful and/or dangerous production factors and assess the degree of their influence on the employee, taking into account the deviation of the observed values ​​from the normative ones.

The results of the special assessment are applicable for various purposes:

• they influence the calculation of insurance premiums to extra-budgetary funds;
• the employer takes them into account when determining guarantees and compensation provided to employees;
• they are required for proper planning and implementation of various occupational safety measures (medical examinations, acquisition of personal protective equipment).

Federal Law “On special assessment of working conditions”

The previously existing certification of workplaces based on working conditions was replaced by a special assessment, which is a much more progressive technology, closer to world practice.

On January 1, 2014, the Federal Law of December 28, 2013 No. 426-FZ “On the special assessment of working conditions” (hereinafter referred to as the Law) came into force. It regulates the procedure for conducting a special assessment, defines the requirements for organizations and specialists conducting it, and formulates the criteria for determining classes of working conditions in the workplace and levels of profrisk.

Having entered into force, the Law launched an updated mechanics for the formation of a package of guarantees and compensation for “harmful people” and a modified algorithm for calculating contributions to the Pension Fund and the Social Insurance Fund.

The main difference between the special assessment of working conditions and the previous model is the rejection of the “list” principle of providing guarantees and compensation to personnel in “harmful” industries in favor of taking into account the actual influence of various negative factors on the body of each employee.

Among the most important advantages of special assessments over certification, experts note a reduction in the burden on employers with normal working conditions: they no longer need regular expensive certifications and deductions of insurance premiums for workers employed in favorable conditions. In relation to owners of “harmful” jobs, on the contrary, there has been a tightening of requirements and increased control, which should ultimately serve as motivators for a general improvement in working conditions and a maximum reduction in the proportion of jobs with an unfavorable production environment.

For whom is SOUT required?

Conducting a special assessment is the responsibility of all employers, and the process should cover the workplaces of all employees except those employed at home, remotely, as well as those who have signed an employment contract with citizen employers without individual entrepreneur status.

For a limited list of workplaces, special conditions apply: SOUT for them must be carried out taking into account the regulatory framework in the field of municipal and civil service, legislation on state secrets.

Special assessment of working conditions and similar jobs

When an enterprise has many identical workplaces, it is irrational to carry out SAW on them on a continuous basis. Such places recognize similar, only 20% of their total number (but at least two) are subject to a special assessment, and the final results are broadcast to the entire set of places under consideration.

According to the Law, only those jobs that have all of the following characteristics at once can be recognized as similar:

• some professional and job titles;
• equal responsibilities of performers when conducting the same type of technical process in the same mode;
• use of the same type of means and objects of labor;
• work in a common/several similar premises;
• use of the same type of engineering systems;
• identical organization of workplaces and the availability of protective equipment.

The identification of at least one workplace from those previously recognized as similar that does not meet all the conditions of similarity entails a special assessment of the entire set of places considered similar until that moment.

Rights and obligations of participants in labor relations during a special assessment of working conditions

The employer has the right:

• organize a special assessment outside the plan;
• contact the company conducting the SOUT with a request to provide documents on its compliance with the established criteria, as well as to justify the results of the procedure;
• apply for an appeal against the actions of the company executing the SOUT.

The main responsibilities of the employer:

• providing conditions for the implementation of SOUT;
• preparation and transfer of requested documentation to the organization conducting the special assessment;
• familiarizing the employee with the final results in writing;
• carrying out explanatory work with the workforce on SAW issues;
• improvement of working conditions.

The employee has the right to personally take part in the process of special assessment of working conditions, request clarification from the employer regarding the progress of this procedure, and also apply to appeal its results.

It is the employee’s responsibility to familiarize himself with the results of the SOUT.

What is the relationship between insurance premiums and special assessment of working conditions?

The results of the SOUT directly affect the amount of insurance premiums to the Pension Fund at the additional rate for “pests”.

Let us remind you that in Russia there are “harmful” lists:

1. workers engaged in underground work and others characterized by particularly harmful/difficult working conditions;
2. employed in harmful and difficult conditions.

The Federal Law “On Special Assessment of Working Conditions” put into effect a mechanism for correlating the rate of contributions and working conditions: the more favorable the conditions, the “cheaper” the rate; and vice versa - the worse the production situation, the higher the percentage of deductions. When conditions are safe, there is no talk of additional tariffs at all; safety must be confirmed by the SOUT.

IN modern conditions It becomes extremely unprofitable for employers to have “harmful” jobs: the existing burden in the form of additional contributions will increase in the future (increases in tariffs are planned for 2015-2016). In improving conditions, on the contrary, there is a material interest: if the SOUT shows an improvement in working conditions, the amount of contributions for additional tariffs will decrease.

Working conditions according to the criterion of harmfulness and danger are ranked into four classes:

1. optimal,
2. acceptable,
3. harmful (there are four subclasses),
4. dangerous.

Based on the established class/subclass of working conditions, the amount of additional insurance premium is calculated: for harmful conditions it lies in the range of 2-7%, for dangerous ones it is equal to 8%.

The law allows you to optimize the costs of SOUT, taking into account the results of studies conducted during the process of production control.

When no harmful/dangerous factors are identified at workplaces, a declaration of compliance of conditions with state standards is carried out in relation to these places. Working conditions are considered acceptable, the completed declaration is valid for five years; If during this time there are no accidents or occupational diseases, the period will be automatically extended.

Who conducts the special assessment?

SOUT is carried out by an organization that meets several requirements:

• in its charter, conducting a special assessment is indicated as the main/one of the types of activities;
• at least five company experts collaborating with it under an employment contract have a certificate for the right to conduct special assessment procedures, and at least one of them is a certified doctor in general hygiene, occupational hygiene or sanitary-hygienic laboratory tests;
• The structure of the organization includes an accredited testing laboratory, the scope of accreditation of which is conducting research and measurements of harmful/hazardous factors in the working environment and the labor process.

Sequence of special assessment of working conditions

1. Having concluded an agreement with the selected specialized organization, the employer forms a commission to conduct special assessment work and approves the schedule for implementing the process of special assessment of jobs. A commission created from representatives of the employer must have an odd number of members; it includes an occupational safety specialist, and if there is a trade union in the company, its representatives.

There are features of the formation of a commission by an employer who is a small business entity. In this case, it includes: the private entrepreneur himself, the head of the company, an occupational safety specialist or a person hired to perform this function under a civil contract, members of the representative body of employees (when one exists).

2. At this stage, the commission approves a pre-prepared list of jobs (listing similar ones) for which the SOUT procedure will be carried out. The list is compiled by the company executing the SOUT, and usually the work on forming the list is completed before the contract is signed.

3. An expert from the performing company identifies harmful/dangerous factors in the workplace, the results are approved by the commission. In most cases, these factors are identified at the stage of pre-contractual work and are already included in a general list in the document.

4. If harmful/dangerous factors are not identified, the commission recognizes the working conditions at this workplace as acceptable; no further research is required. A declaration of compliance of working conditions with current standards is drawn up and submitted to the relevant authorized executive body.

When harmful/dangerous factors are identified, the commission makes a decision to conduct their research in the manner specified by the Law.

5. The company performing the special assessment analyzes workplaces, requests information about compensation and benefits provided to personnel, medical examinations, provision of personal protective equipment, etc.

6. Levels of harmful factors are measured and assessed. The stage is significantly delayed in time if instrumental measurements of parameters in different times of the year.

7. A report on the results of the SOUT is generated, including:

• information about the performing organization;
• a list of workplaces that were subject to special assessment, and the harmful/dangerous factors identified in them;
• SOUT forms with information about the class/subclass of working conditions at various workplaces;
• protocols for carrying out research, analyzing the effectiveness of PPE;
• protocol of the commission with the decision on the impossibility of conducting research due to its danger - if such a situation occurs;
• summary statement of SOUT;
• recommendations for improving working conditions at the studied sites;
• conclusions of an expert from the SOUT executing company.

8. The report is signed by the commission members, after which it is approved by the chairman. If one of the members disagrees with the above, he has the right to formulate his position in writing, this material will be attached to the report.

After adding (when necessary) clarifying information, the data is entered into a special information system accounting.

SOUT is out of plan

A special assessment may become unscheduled. The employer is required to carry out the procedure if:

• newly created jobs begin to be exploited;
• an order has been received from the labor inspectorate;
• the technical process has undergone changes, equipment has been replaced;
• there was a transition to other raw materials;
• the PPE used has changed;
• there was an accident (excluding incidents in which third parties were to blame) or an occupational disease caused by “harmfulness” was diagnosed;
• a proposal was received from the trade union cell (any other body representing the interests of employees) for an extraordinary special labor assessment with a detailed justification for its necessity.

What are the consequences of not conducting a specific assessment of working conditions?

Domestic legislation establishes the employer's liability for violations related to the labor safety standards, including failure to conduct a special assessment. The corresponding provisions have been included in the Code of Administrative Offenses of the Russian Federation.

Since the beginning of 2015, Art. 5.27.1 Code of Administrative Offenses of the Russian Federation, containing information on the amount of fines imposed. Their range is as follows:

• 5-10 thousand rubles. for officials and individual entrepreneurs;
• 60-80 thousand rubles. for organizations.

Identification of an offense a second time threatens the application of more serious sanctions: a fine for a legal entity will be calculated in the amount of 100-200 thousand rubles. or possible suspension of its work for a period of up to 90 days.

For officials who have not complied with the relevant order, or who have fulfilled it improperly or in violation of the deadlines, a fine (30-50 thousand rubles) or disqualification for 1-3 years is provided.

Thus, there is no point in avoiding carrying out a special assessment or postponing it to the distant future: the risks arising in this case are quite large. It is more advisable not to wait for claims to be received from inspection bodies and to quickly carry out this event on your own initiative.

SOUT price in 2020: average cost of assessing one workplace in Moscow and the regions

Determining the cost of a special assessment of working conditions in most cases should be carried out on an individual basis. The price of SOUT a priori cannot be the same for different organizations, since its value is significantly influenced by a whole range of factors:

• number of structural divisions of the Customer, their territorial location (remoteness);
• the total number of jobs subject to a special assessment of working conditions (the larger the declared volume, the lower the cost will be);
• complexity and diversity production processes, which ultimately determine specific features specific jobs;
• volume and quality requirements for laboratory tests, the conduct of which is necessary for a correct expert assessment within the framework of the Special Assessment System;
• the number and complexity of special equipment required;
• stated deadlines for completing the work.

Important: if the enterprise has a large proportion of similar jobs, the overall SOUT budget will be significantly reduced, since only every fifth of such jobs is subject to assessment.

Analysis price offer On the market professional services on carrying out SOUT in Moscow and the regions shows that the cost of special assessment for large government organizations approximately twice the market average. The observed price difference is greatly influenced by the factor of the so-called “state brand”, the justification for using which now in the context of changed legislation, which imposes equally stringent requirements on all companies carrying out work on SOUT, regardless of their scale and form of ownership, is becoming quite controversial issue.

According to our own data, the cost of SOUT services in Moscow and the regions declared by non-state companies today is almost at the same level and falls within the following ranges:

• in office and educational institutions: 200 (>500 r.m.) - 700 (<10 р.м.) руб.
• in medical institutions: 400 (>500 rub.) - 900 (<10 р.м.) руб.
• in transport and energy: 450 (>500 rub.) - 1250 (<10 р.м.) руб.
• in local production: 500 (>500 rub.) - 1300 (<10 р.м.) руб.
• in the chemical industry: 600 (>500 rub.) - 1550 (<10 р.м.) руб.

Order a special assessment of working conditions

If you want to order (find out the cost) SOUT for your organization or, after reading the presented material, you have additional questions about the special assessment, you can contact our company.

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