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No. 426 of 28 December. Law on sout (special assessment of working conditions)

1. An organization conducting a special assessment of working conditions shall draw up a report on its conduct, which includes the following results of a special assessment of working conditions:

1) information about the organization conducting a special assessment of working conditions, with 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) dangerous production factors that were identified at these workplaces;

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

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

5) a protocol for evaluating the effectiveness of personal protective equipment used by workers employed in workplaces with harmful working conditions that have passed mandatory certification in the manner prescribed by the technical regulations, carried out in order to reduce the class (subclass) of working conditions (in the event of such an assessment);

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

7) a summary sheet of a special assessment of working conditions;

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

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

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. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to state in writing a reasoned dissenting opinion, which is attached to this report.

3. The form of a report on the conduct of a special assessment of working conditions and instructions for filling it out are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.

4. In relation to workplaces where harmful and (or) dangerous production factors are not identified, the report on the special assessment of working conditions shall contain the information provided for in paragraphs 1-4, 7 and 9 of part 1 of this article.

5. 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. The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.

5.1. The employer, within three working days from the date of approval of the report on the special assessment of working conditions, is obliged to notify the organization that conducted the special assessment of working conditions about this by any available means that makes it possible to confirm the fact of such a notification, and also send a copy of the approved report on the conduct a special assessment of working conditions by registered mail with a return receipt or in the form of an electronic document signed with a qualified electronic signature. If the report on the special assessment of working conditions contains information constituting a state or other secret protected by law, a copy of the said report is sent subject to the requirements of the legislation of the Russian Federation on state and other secrets protected by law.

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 placement on its official website in the Internet information and telecommunication network (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 conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than within thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.

What classes of working conditions are established by law

1. Working conditions According to the degree of harmfulness and (or) danger, they are divided into four classes - optimal, permissible, harmful and dangerous working conditions.
2. Optimal working conditions(class 1) are working conditions under which the impact on the employee of harmful and (or) hazardous production factors is absent or the levels of impact of which do not exceed the levels established by the standards (hygienic standards) of working conditions and accepted as safe for humans, and prerequisites are created for maintaining a high level of employee performance.
3. Permissible working conditions(class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions, and the altered functional state of the employee’s body is restored during regulated rest or by the beginning of the next working day (shift).
4. Harmful working conditions(class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:
1)subclass 3.1(harmful working conditions of the 1st degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after the impact of which the altered functional state of the employee's body is restored, as a rule, with a longer period than before the start of the next working day (change), cessation of exposure to these factors, and the risk of damage to health increases;
2)subclass 3.2(harmful working conditions of the 2nd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause in the body of the employee, leading to the emergence and development of initial forms of occupational diseases or occupational diseases of a mild degree severity (without loss of professional ability to work) arising after prolonged exposure (15 years or more);
3)subclass 3.3(harmful working conditions of the 3rd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the body of an employee, leading to the emergence and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) in period of employment;
4) subclass 3.4(harmful working conditions of the 4th degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) during the period of employment .
5.Hazardous working conditions(class 4) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which during the entire working day (shift) or part of it capable of endangering life the employee, and the consequences of these factors cause a high risk of developing an acute occupational disease during the period of employment.
6. In the event that employees employed in workplaces with harmful working conditions use effective personal protective equipment that has passed mandatory certification in the manner prescribed by the relevant technical regulations, class (subclass) of working conditions can be reduced by the commission on the basis of an expert opinion of an organization conducting a special assessment of working conditions, for one degree in accordance with the methodology approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body performing the functions of organizing and implementing federal state sanitary and epidemiological surveillance, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
7. In agreement with the territorial body of the federal executive body that performs the functions of organizing and implementing federal state sanitary and epidemiological supervision, at the location of the relevant workplaces class (subclass) reduction is allowed working conditions by more than one degree in accordance with the methodology specified in part 6 of this article.
8. With regard to jobs in organizations carrying out certain types of activities, downgrade (subclass) working conditions can be carried out in accordance with industry specifics, approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body responsible for organizing and implementing federal state sanitary and epidemiological surveillance, and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
9. The criteria for classifying working conditions at the workplace are established by the methodology for conducting a special assessment of working conditions provided for by Part 3 of Article 8 of this Federal Law.

Article 15 of Law No. 426-FZ

The results of the special assessment

1. An organization conducting a special assessment of working conditions shall draw up a report on its conduct, which includes the following results of a special assessment of working conditions:
1) information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of this Federal Law;
2) list of jobs on which a special assessment of working conditions was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;
3)cards of 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 a special assessment of working conditions;
4) research protocols(tests) and measurements of identified harmful and (or) hazardous production factors;
5) protocols for evaluating the effectiveness of personal protective equipment;
6) commission minutes containing a decision on the impossibility of conducting research (tests) and measurements on the grounds specified in Part 9 of Article 12 of this Federal Law (if such a decision exists);
7) consolidated statement special assessment of working conditions;
8) list of events to improve the working conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out;
9) expert opinion organization conducting a special assessment of working conditions.
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. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to state in writing reasoned dissenting opinion attached to this report.
3. Report Form on the conduct of a special assessment of working conditions and instructions for completing it are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.
4. In relation to workplaces where harmful and (or) dangerous production factors not identified, the report on the special assessment of working conditions shall contain the information provided for in clauses 1, 2 and 9 of part 1 of this article.
5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature on time no later than 30 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 disability of the employee, being on vacation or business trip, periods of rest between shifts.
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 placement on its official website in the information and telecommunication network Internet (if such a website exists) of summary data on the results of a special assessment of the conditions labor in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve working conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than within 30 calendar days from the date of approval of the report on the conduct special assessment of working conditions.

Article 16 of Law No. 426-FZ

What features of special assessment are available at individual workplaces

1. When similar jobs are identified, a special assessment of working conditions is carried out for 20 percent of jobs out of the total number of such jobs (but not less than two jobs), and its results are applied to all similar jobs.
2. For similar jobs filled one card special assessment of working conditions.
3. In relation to similar workplaces, a unified list of measures to improve the conditions and labor protection of workers is being developed.
4. A special assessment of working conditions at workplaces with territorially changing working areas, where the working area is considered to be a part of the workplace equipped with the necessary means of production, in which one employee or several workers perform similar work or technological operations, is carried out by preliminary determining typical technological operations characterized by the presence of the same harmful and (or) dangerous production factors, and the subsequent assessment of the impact on workers of these factors when performing such work or operations. The execution time of each technological operation is determined by an expert of the organization conducting a special assessment of working conditions, based on local regulations, by interviewing employees and their immediate supervisors, as well as by timing.
5. If, during a special assessment of working conditions, at least one workplace, which does not meet the similarity criteria established by Article 9 of this Federal Law, from among the workplaces previously recognized as similar, a special assessment of working conditions is carried out at all workplaces previously recognized as similar.

Article 17 of Law No. 426-FZ

When is an unscheduled special assessment carried out?

1. An unscheduled special assessment of working conditions should be carried out in the following cases:
1) commissioning newly organized jobs;
2) receipt by the employer instructions from the state labor inspector on conducting an unscheduled special assessment of working conditions in connection with violations of the requirements of this Federal Law revealed in the course of federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms;
3) process change, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4) change in the composition of the materials used and (or) raw materials capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers;
5) change in the applied means of individual and collective protection, capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers;
6) happened at the workplace accident at work (with the exception of an accident at work that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
7) availability motivated proposals elected bodies of primary trade union organizations or other representative body of workers on conducting an unscheduled special assessment of working conditions.
2. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within six months from the date of the occurrence of the cases referred to in paragraph 1 of this article.

The Law on Special Evaluation of Working Conditions came into force on January 1, 2014. The last changes were made on July 19, 2018. In the article you will find its current version, as well as comments on the application and penalties for not conducting the SOUT.

Read our article:

What does the Federal Law on Special Evaluation of Working Conditions Establish?

The Federal Law on SOUT was adopted to replace the order of the Ministry of Health and Social Development of Russia No. 342n, which regulates the certification of workplaces, in order to bring the special assessment procedure in accordance with the regulatory legal acts of the Russian Federation.

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The law streamlines the process of interaction between the employer, the employer and the employee, establishes the responsibility of each party to the contract for the provision of services for the implementation of the SAUT and each party to labor relations.

Until December 31, 2018, all employers must fulfill their obligation to conduct a special assessment of working conditions. Reports on the approval of its results should be signed no later than December 31, 2018.

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In an article prepared by the editors of the magazine, 8 main questions that arise for everyone who undertakes a special assessment. Answering them will help you save on the procedure, choose a reliable contractor and avoid fines. Find out If you have already completed a special assessment, check.

Not later than January 29-30, 2019, it is necessary to place a summary sheet on the external website of the enterprise, sign the SOUT cards with each employee, and also fill out the declarations familiarization sheets.

The order to assign or cancel benefits must be issued no later than the date of approval of the report - December 31, 2018, respectively, the actual cancellation of the payment of benefits should occur only after 2 months - February 28, 2019.

SOUT has already been carried out in organizations where there are jobs with harmful and dangerous UT, including those giving the right to an early insurance pension. The list of such jobs is specified in paragraph 6 of Article 10 of the Federal Law on the special assessment of working conditions.

The law establishes the requirements for the expert organization and the employer to conduct the SOUT. It outlines how the commission should be created, who should be its members, and how the most difficult and expensive stage should be. It also explains the procedure for applying the results of a special assessment, processing and filing a declaration of working conditions.

The final provisions establish responsibility for the implementation of state supervision of compliance with regulatory requirements:

state supervision is carried out by the federal executive body, authorized to do so, and its territorial departments;
trade union control is carried out by labor inspectorates of the relevant trade unions in the manner prescribed by the legislation of the Russian Federation.

426-FZ on a special assessment of working conditions with changes

The Federal Law entered into force on January 1, 2014. Since then, it has gone through the amendment process four times. The last changes took place in July 2018.

Recent changes to the Federal Law on special assessment of working conditions

Amendments made by federal laws:

Changes that came into force in 2016 and applied in 2017 allow each employee to directly influence the assessment of their jobs, make written proposals, declare HSPF that have an impact on health. The employer, in turn, is obliged to transfer all written proposals to the expert organization.

Identification should not be carried out in relation to those jobs that are included in list 1 and list 2 of the All-Union Central Council of Trade Unions, which gives the right to receive an early pension to those working in harmful and dangerous conditions.

The declaration of conformity with the SOUT may be invalidated if, during the inspection of the GIT, violations of the rights of employees during this procedure are established.

No, it doesn `t need. An order should be made to change the composition of the current commission and introduce a new chairman. There are no grounds for conducting an unscheduled procedure, since the change of the chairman of the commission is not named among the grounds in article 17 of this Federal Law.

What to do if after the SOUT the driver moved to a new car?

Within 12 months from the date of issuance of the order to assign the vehicle to this driver, an unscheduled SOUT should be carried out. It is better to do it early so as not to be late and not get a fine.

If the brand of the vehicle is indicated in the SOUT card or, when identifying the VOPF, the driver worked on a vehicle of a different model, or a modification of the car, with other attachments, a different model year or year of manufacture of the vehicle, other technical and technological characteristics, then there is no reason not to carry out unscheduled SOUT.

A special assessment of working conditions is intended to replace the previous procedures - attestation of workplaces and state examination of working conditions.

It involves the transition from a "list" approach to providing guarantees and compensations to employees of hazardous and hazardous industries to taking into account the actual impact on the employee's body of harmful and (or) dangerous factors of the production environment and the labor process. A special assessment of working conditions provides for a one-time study by the employer of the workplace. Its results are taken into account when paying insurance premiums to the Pension Fund of the Russian Federation, in order to provide guarantees and compensations to employees, as well as in other procedures in the field of labor protection (providing workers with PPE, organizing medical examinations, assessing the level of occupational risks, investigating industrial accidents and occupational diseases, etc.). ).

Working conditions according to the degree of harmfulness and danger are divided into 4 classes - optimal, permissible, harmful and dangerous. Harmful are also divided into 4 subclasses. It is possible to reduce the class (subclass) of working conditions if employees use effective PPE, as well as in relation to workplaces in accordance with industry specifics.

The law defines the stages of conducting a special assessment of working conditions, the rights and obligations of the employer, employee and organization carrying out the assessment, the requirements for the latter.

In relation to workplaces where potentially harmful and (or) dangerous factors have not been identified, declaration of compliance of working conditions with state regulatory requirements is provided. Working conditions at such workplaces are recognized as acceptable. The declaration is valid for 5 years and is automatically extended for another 5 years in the absence of accidents at work and occupational diseases.

In the case of declaration, the employer is relieved of the need to carry out expensive procedures for the study and measurement of potentially harmful and dangerous factors in the working environment and the labor process.

To optimize the costs of a special assessment of working conditions, the law provides for the possibility to take into account the results of research and measurements obtained by the testing laboratory (center) of the employer in the course of production control.

The law contains a list of factors of the working environment and the labor process that are to be measured. It is formed taking into account law enforcement practice and is consistent with Russian and international standards.

The degree of participation of trade unions in the assessment of working conditions has been expanded.

The formation of a federal state information system for recording the results of a special assessment of working conditions is envisaged. In addition, employers were required to post assessment results on their official websites.

The federal law enters into force on January 1, 2014, with the exception of certain provisions for which a different period of entry into force is provided.

1. In order to organize and conduct a special assessment of working conditions, the employer forms a commission for conducting a special assessment of working conditions (hereinafter referred to as the commission), the number of members of which must be odd, and the schedule for conducting a special assessment of working conditions is also approved.

2. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any). The composition and procedure for the activities of the commission are approved by the order (instruction) of the employer in accordance with the requirements of this Federal Law.

3. When an employer, classified in accordance with the legislation of the Russian Federation as a small business, conducts a special assessment of working conditions, the commission includes the employer - an individual entrepreneur (personally), the head of the organization, other authorized representatives of the employer, including a labor protection specialist or a representative of an organization or a specialist engaged by the employer under a civil law contract to perform the functions of the labor protection service (labor protection specialist), representatives of the elected body of the primary trade union organization or other representative body of employees (if any).

4. The commission is headed by the employer or his representative.

5. Prior to the commencement of work on the special assessment of working conditions, the commission approves the list of jobs where a special assessment of working conditions will be carried out, indicating similar jobs.

6. For the purposes of this Federal Law, similar jobs are jobs that are located in one or more similar industrial premises (production zones) equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, where employees work one at a time and of the same profession, position, specialty, perform the same labor functions in the same working hours while maintaining the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.

7. With regard to jobs in organizations engaged in certain types of activities, as well as in the event that the performance of work on a special assessment of working conditions creates or may create a threat to the life or health of an employee, members of the commission, other persons, a special assessment of working conditions is carried out with taking into account the specifics established by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body that exercises the functions of developing state policy and legal regulation in the relevant field of activity, State Corporation for Atomic Energy "Rosatom", State Corporation for Space Activities "Roskosmos" and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The list of jobs in organizations engaged in certain types of activities in respect of which a special assessment of working conditions is carried out taking into account the features established by the federal executive body authorized by the Government of the Russian Federation (including, if necessary, assessing the injury risk of jobs), is approved by the Government of the Russian Federation, taking into account the opinion Russian tripartite commission for the regulation of social and labor relations.

Judicial practice under article 9 of the Federal Law of December 28, 2013 No. 426-FZ

Decision dated December 21, 2018 in case No. А74-11328/2018

Arbitration Court of the Republic of Khakassia (AC of the Republic of Khakassia)

Companies of the requirements of paragraph 22 of Article 13 of the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions"; - ensure compliance with the requirements of paragraph 1 of article 9 of the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions"; - draw up employment contracts for employees in accordance with the requirements of Article 57 of the Labor Code of the Russian Federation; - ensure the implementation...

Decree of December 18, 2018 in case No. А60-19274/2018

Seventeenth Arbitration Court of Appeal (17 AAS)

The act of verification of the state labor inspectorate in the Sverdlovsk region of February 20, 2015, presented in the case file, follows that in violation of Part 1, Part 5 of Art. 9 of the Federal Law of December 28, 2013 No. 426-FZ “On a Special Assessment of Working Conditions”, orders to conduct the SOUT EMUP “TTU” were issued on April 25, 2014, the timing of the SOUT, including ...

Decision dated December 12, 2018 in case No. А56-120575/2018

Arbitration Court of St. Petersburg and the Leningrad Region (AC of St. Petersburg and the Leningrad Region)

When a special assessment of working conditions begins, the commission for its conduct must approve the list of jobs that are subject to assessment, including similar jobs (part 5 of article 9 of Law N 426-FZ). There is no unified form of such a list, so the employer has the right to compile it in any form. In the staffing table of the Company for 2015 and 2016...

Decision No. 21-306/2018 dated November 6, 2018 in case No. 21-306/2018

Decision No. 2-А792/2018 2-А792/2018~М-А670/2018 М-А670/2018 dated November 6, 2018 in case No. 2-А792/2018
Decision No. 2-А797/2018 2-А797/2018~М-А671/2018 М-А671/2018 dated October 29, 2018 in case No. 2-А797/2018
Lipetsk District Court (Lipetsk region) - Civil and administrative
Years, unless otherwise provided by this Federal Law. The specified period is calculated from the date of approval of the report on the special assessment of working conditions. According to Part 1 of Art. 9 of the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions", in order to organize and conduct a special assessment of working conditions, the employer forms a commission to conduct a special ...
Decision No. 2-А798/2018 2-А798/2018~М-А672/2018 М-А672/2018 dated October 29, 2018 in case No. 2-А798/2018
Lipetsk District Court (Lipetsk region) - Civil and administrative
Years, unless otherwise provided by this Federal Law. The specified period is calculated from the date of approval of the report on the special assessment of working conditions. According to Part 1 of Art. 9 of the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions", in order to organize and conduct a special assessment of working conditions, the employer forms a commission to conduct a special ...