What is a special labor assessment? Special assessment of working conditions: mistakes of employers

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

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

Working conditions are:

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

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

An expert conducts a workplace assessment and writes a conclusion:

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

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

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

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

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

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

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

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

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

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

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

Special assessment is required for everyone

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

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

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

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

Special assessment - once every five years

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

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

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

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

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The employer spends a week on a special assessment

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

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

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

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

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

Appraiser - from the Rostrud register

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

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

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

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

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

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

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

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

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

Commission for special assessment

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

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

To collect the commission, the employer prepares an order. The order does not have an official form; the only requirement is to tell the essence: who is going, why and in what composition.

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

Documents for special assessment

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

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

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

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

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

Get an electronic signature

• submit through the Rostrud website.

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

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

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

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

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

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

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

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

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

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

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

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

Step 2. Approve the list of workplaces for special assessment

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

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

OUR HELP

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

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

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

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

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

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

The exceptions are jobs:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Within no later than 30 calendar days from the date of approval of the report on the special assessment, the employer must familiarize employees with the results of the special assessment against signature (). The specified period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, or periods of rest between shifts.

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

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

Information posted on the site must contain information:

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

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

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

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

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

The general structural diagram of the SOUT is as follows:

In the diagram, gray rectangles indicate steps - actions.

The arrows show:

1) incoming information - documentation, etc. information needed to complete the steps,

2) outgoing information - what is formed as a result of performing steps.

A detailed description of each step is outlined in the corresponding sections of the step-by-step instructions:

Step 0 - Determine if and when to conduct a special assessment of working conditions

S.V. Polyashov, 2014

Where should the SOUT be carried out?

1. homeworkers,
2. remote workers,
3. employees who joined labor Relations with the employer - an individual, who is not an individual entrepreneur ().

state civil servants and municipal civil servants is carried out not by, but according to special regulations - legal acts for employees ( ) .

SOUTH regarding working conditions employees admitted to information classified as state or other secret protected by law, is carried out according to special normative and legal acts ().

In other cases, the SOUT should be carried out

Timing of SOUT

SOUT is carried out Once every 5 years. The period is calculated from the date of approval ().

If before 01/01/2014 the organization carried out certification of workplaces, then within 5 years after its completion, you don’t have to carry out SOUT ()

Unscheduled certification is carried out before the end of 5 - summer period in the following cases ():

1. commissioning of newly organized workplaces;
2. receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with identified violations;
3. changes in the technological process, replacement of production equipment, which can influence the level of exposure to production factors on workers;
4. changes in the composition of materials used and (or) raw materials that can affect the level of exposure to production factors on workers;
5. changes in the personal and collective protective equipment used, which can affect the level of exposure to production factors on workers;
6. an industrial accident that occurred in the workplace (except for an industrial accident that occurred due to the fault of third parties) or an identified 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.

Step 1 – formation of a commission to conduct a special assessment of working conditions

S.V. Polyashov, 2014

Actions:

1. Decide on the composition of the commission ().
2. Issue an order to create a commission and familiarize it with the signature of the members of the commission ()

Outgoing documents:

1. order (order on the composition and procedure for the activities of the commission on SOUT) ()

A comment:

The commission is headed by the employer or his representative.

Number of commission members there must be odd ().

The commission should include ():

1. occupational safety specialist;
2. representative of the trade union organization of the enterprise or other representative body of workers (if any).

For organizations classified as small businesses, the commission should include: ():

1. employer - personally individual entrepreneur, or the employer is the head of the organization (director, etc.),
2. labor protection specialist - an employee of this organization, or engaged under a civil contract, or a representative of a specialized organization engaged to carry out the functions of a labor protection service (specialist).

The composition and procedure of the commission are approved by order (instruction) of the employer ().

Step 2 – development and approval of a list of workplaces at which SOUT will be carried out, indicating similar workplaces

S.V. Polyashov, 2014

Incoming documents:

1. regular organization schedule,
2. list of those currently employed.

Actions:

1. develop and approve by the commission a list of workplaces where SOUT will be carried out ().

Outgoing documents:

The form of the list has not yet been approved by law. The list of jobs can be made as follows:

Individual workplace number	Name of the workplace and sources of harmful and (or) dangerous factors in the working environment and the labor process	Number of employees employed at this workplace (persons)	Availability of a similar workplace(s)
	seamstress, sewing machine
	production manager
	director
	Chief Accountant
	Human Resources Manager

The letter “a” in the table indicates similar jobs.

Similar workplaces are places ():

1. located in one or more similar production premises (production areas),
2. equipped with the same (same type) ventilation, air conditioning, heating and lighting systems,
3. in which employees work in the same profession, position, specialty,
4. in which employees perform the same job functions,
5. which have the same working hours,
6. on which the same type is conducted technological process,
7. which use the same production equipment, tools, fixtures, materials and raw materials,
8. where workers are provided with the same personal protective equipment.

This list will be necessary to conclude an agreement with a specialized organization for SOUT.

Step 3 – search and involvement of a specialized organization in the SOUT

S.V. Polyashov, 2014

Incoming documents

1. documents confirming compliance of the specialized organization with the requirements( And ).

Actions:

1. select an organization that has the right to conduct SOUT,
2. check organization documents,
3. determine what information, documents and information must be transferred to the organization conducting the SOUT under the contract (),
4. enter into an agreement with the organization,

Outgoing documents

1. civil law agreement for carrying out special assessment of technical work (), containing, among other things, information about documents that the employer is obliged to provide to the organization conducting special labor assessment under the concluded agreement ( ),

Comments:

To carry out SOUT, it is necessary to conclude an agreement with a specialized organization corresponding to ().

Organizations previously accredited as certifying organizations can conduct a special assessment of working conditions before the expiration of their existing ones as of 01/01/2014. accreditation certificates, but no later than December 31, 2018 ().

If the accreditation certificate of a laboratory of a certifying organization expires in 2014, then the organization has the right to conduct special assessments until December 31, 2014 ().

You can find such an organization on the SOUT companies page using the link.

Before concluding a contract:

1. study carefully constituent documents organizations and check them on the website of the Federal Tax Service (egrul.nalog.ru) or in response to a request from the Federal Tax Service - the name of the organization, INN, KPP, ORGN, legal address must match; the organization must be active;
2. require documents confirming the specialized organization’s compliance with the requirements (the employer’s right to demand these documents is secured);
3. check the certificate of inclusion in the state Register of accredited organizations providing services in the field of occupational safety and health, compare with the corresponding entry on the official website of the Ministry of Health of the Russian Federation;
4. review the accreditation certificate and the scope of accreditation - make sure that the studies you require are included in the scope of accreditation and that the validity of the accreditation certificate will not expire until the completion of the SOUT;
5. read the text of the agreement:

• the contract must indicate what documentation, details and information the employer is obliged provide to the organization conducting the SOUT (). In case of failure to provide this information, documents and information,
• the contract must indicate conditions, which the employer must provide for carrying out SOUT. If the employer refuses to provide these conditions, the organization conducting SOUT is obliged not to start or stop performing work ().
• look at what documents the organization conducting the special labor assessment will be required to prepare - will it develop a schedule for conducting the special labor assessment, declarations of compliance with labor conditions, etc.

© S.V. Polyashov, 2014
Author: S.V. Polyashov, 2014. Copying is permitted only with the written consent of the author, and the presence of a mandatory active link to the website

Step 4 – development and approval of a schedule for carrying out the special assessment and assessment process

S.V. Polyashov, 2014

Incoming documents:

1. documents that the employer is obliged to provide to the organization conducting special assessment work under the concluded agreement (),
2. list of places where SOUT will be carried out indicating similar workplaces ()

Actions:

1. together with the organization conducting the SOUT, develop and approve a schedule for conducting the SOUT ()

Outgoing documents:

1. schedule for a special assessment of working conditions ().

A comment:

There is no officially approved form of the schedule. At this step, you will already have concluded an agreement with the SOUT organization, whose specialists will help develop a schedule for carrying out the SOUT.

Step 5 – identification of production factors

S.V. Polyashov, 2014

Incoming documents:

1. Documents that the employer is obliged to provide to the organization conducting special labor assessment under the concluded agreement (),
2. list of places where SOUT will be carried out indicating similar workplaces ()

Actions:

1. Help the expert of the organization conducting the SOUT examine workplaces and understand the technical and other documentation of your organization.
2. Approve the identification results by the commission ().

Outgoing documents:

1. identification results ().

A comment:

Identification is carried out by the organization’s expert on SOUT (). The identification procedure is described in detail.

The essence of identification: an expert on special operating conditions examines the documentation available to the employer ( technical documentation on equipment, projects, results of previously carried out measurements of harmful factors, etc.), conducts a survey of workplaces by inspecting them, interviewing workers, etc. and identifies harmful factors.

Not subject to identification ():

1. workplaces workers, professions, positions, specialties included to the lists relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which early assignment of old-age labor pension is carried out;

2. workplaces, in connection with the work of which employees in accordance with legislative and other regulatory legal acts guarantees and compensation are provided for work under harmful and (or) dangerous working conditions;

3. 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.

After identification, jobs will be divided into three groups:

1. workplaces where harmful (hazardous) factors have been identified;
2. workplaces where no harmful (hazardous) factors have been identified;
3. jobs that were not subject to identification.

The commission must approve the identification results ().

Step 6 – drawing up and sending to the relevant government agency a declaration of compliance of working conditions with regulatory requirements

S.V. Polyashov, 2014

Incoming documents:

1. a list of workplaces where no harmful factors have been identified.

Actions:

1. draw up or review the declaration,
2. send the declaration to the government agency ().

Outgoing documents:

1. Declaration of compliance of working conditions with regulatory requirements.

A comment:

© S.V. Polyashov, 2014

For workplaces where no harmful (hazardous) production factors have been identified, the employer must submit a declaration of compliance of working conditions with regulatory requirements to the labor inspectorate.

The law does not say who must draw up the declaration - the organization conducting the special assessment or the employer's organization. To avoid disagreements, write down this obligation in advance in the contract for conducting SOUT.

There is no officially approved declaration form yet.

The declaration is valid for 5 years. The countdown of the period begins from the date of approval of the report on the implementation of the SOUT ().

If an employee for whom the declaration is submitted has an accident at work (except for an accident at work caused by third parties) or the employee is diagnosed with an occupational disease, then the declaration for this workplace ceases to be valid and is carried out in relation to this employee. unscheduled SOUT().

The decision to terminate the declaration is made by the labor inspectorate no later than 10 calendar days from the date of the accident and occupational disease (

Good afternoon, colleagues! The question came from Lyudmila “What are the employer’s actions after completing a special assessment of working conditions?”

Answer:

Step 1. Notify a specialized organization about the approval of the report on a special assessment of working conditions

During three working days from the moment the report on the special assessment of working conditions is approved, the employer is obliged to notify the specialized organization about this, and also send to it a copy of the approved report (Part 5.1 of Article 15 of Law No. 426-FZ). This can be done in any available way that provides the opportunity to confirm the fact of such notification. .

Step 2. Familiarize workers with the report on the special assessment of working conditions.

The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions.

step 3. Submit a declaration of compliance of working conditions with state regulatory labor protection requirements

If the presence of harmful and/or dangerous production factors was not identified based on identification results, or if, based on the results of measurements, working conditions at workplaces were recognized as optimal or acceptable, the employer must notify the State Labor Inspectorate at the location of the organization about this(Part 1 of Article 11 of Law No. 426-FZ). To do this you need to fill out declaration compliance of working conditions with state regulatory requirements for labor protection (approved by order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n). The employer must submit this declaration within 30 working days from the date of approval of the special assessment report(Clause 5 of the Procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection, approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).

It should be noted that until May 1, 2016, the employer indicated in the declaration only information about the absence of harmful and/or dangerous production factors. In this regard, if, based on the results of measurements carried out before May 1, 2016, working conditions in relation to other workplaces were considered optimal or acceptable, the employer must submit an updated declaration to the State Labor Inspectorate including these workplaces (Part 4 Art. 3 Federal Law dated May 1, 2016 No. 136-FZ).

Step 4. Post the results of the special assessment on the organization’s website Employer taking into account legal requirements Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law organizes placement on its official website on the Internet information and telecommunications network(if there is such a website) summary data on the results of a special assessment of working conditions in terms of establishing classes (subclasses) of working conditions in the workplace and a list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out, on time Not later than within thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.

step 5. Notify the Social Insurance Fund (SIF) about the results of the special assessment.

When submitting reports on compulsory social insurance against accidents at work and occupational diseases the employer must also inform the Social Insurance Fund of the results of a special assessment of working conditions (subclause 18, paragraph 2, article 17 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases”

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

Step 6. Apply the results of a special assessment of working conditions

The results of the special assessment influence the establishment of guarantees and compensation for employees. Thus, employees whose working conditions are recognized as harmful in their workplaces, depending on the degree of harmfulness, have the right to a shortened working week of no more than 36 hours, additional leave of at least seven calendar days and/or compensation in the amount of 4% of the salary (para. 5 part 1 article 92, part 2 article 117, part 2 article 147 of the Labor Code of the Russian Federation.

In addition, a clause on working conditions at the relevant workplace must be included in the employment contract with new employees (paragraph 9, part 2, article 57 of the Labor Code of the Russian Federation) And changes should be made to contracts with existing employees by concluding a corresponding additional agreement with them (Article 72 of the Labor Code of the Russian Federation)

Step 7. Storage by the employer of documents on the special assessment.

Documents for certification of workplaces for working conditions and special assessment in accordance with paragraph 602 of section 7.3 of the order of the Ministry of Culture of Russia dated August 25, 2010 No. 558 “On approval of the List of standard management archival documents generated in the process of activity government agencies, organs local government and organizations, indicating their storage periods” are stored in the organization for 75 years in the presence of harmful and dangerous production factors in the workplace, and 45 years in the absence of such.

The storage period for documents is calculated from January 1 of the year following the year in which they were completed.

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

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

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

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

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

5) a protocol for assessing the effectiveness of personal protective equipment used by employees employed in workplaces with hazardous working conditions, which have passed mandatory certification in the manner established technical regulations carried out in order to reduce the class (subclass) of working conditions (if such an assessment is carried out);

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

7) summary sheet of special assessment of working conditions;

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

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

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

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

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

(see text in the previous edition)

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

(see text in the previous edition)

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

5.1. The employer, within three working days from the date of approval of the report on the special assessment of working conditions, is obliged to notify the organization that carried out the special assessment of working conditions, in any available way that ensures the possibility of confirming the fact of such notification, and also send to it a copy of the approved report on the conduct special assessment of working conditions by order by post with acknowledgment of delivery or in the form electronic document, signed by a strengthened qualified electronic signature. If the report on a special assessment of working conditions contains information constituting a state or other secret protected by law, a copy of the said report is sent taking into account the requirements of the legislation of the Russian Federation on state and other secret protected by law.

(see text in the previous edition)

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