When is it necessary to conduct a special assessment of working conditions. Is it necessary to conduct a soot for office workers

10.09.2019 10:52:00

For any organization, a special assessment of working conditions is a mandatory event that is carried out jointly by the employer and a specialized organization authorized by the state, attracted by the employer on the basis of a civil law contract. All workplaces of the employer are subject to a special assessment of working conditions, except for the places of homeworkers, remote workers and employees who have entered into labor Relations with individuals who are not individual entrepreneurs.

Special assessment of working conditions (Further - SOUT) is a single set of consistently implemented measures to identify harmful and (or) hazardous factors of the production environment and labor process and assessment of the level of their impact on the employee, taking into account the deviation of their actual values ​​from those established by the authorized Government Russian Federation the federal executive body of standards (hygienic standards) of working conditions and the use of means of individual and collective protection of workers (part 1 of article 3 of the Federal Law "On a special assessment of working conditions" dated December 28, 2013 No. 426-FZ; Further- Law No. 426-FZ).

According to part 3 of article 8 of Law No. 426-FZ special assessment working conditions carried out in accordance with the methodology for its implementation approved by the federal executive body responsible for the development and implementation of public policy and legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Ministry of Labor and social protection of the Russian Federation by order of January 24, 2014 No. 33n ( Further- Order No. 33n) approved the Methodology for conducting a special assessment of working conditions ( Further - Methodology for conducting SATS).

A special assessment of working conditions is carried out at least once every five years , unless otherwise provided by Law No. 426. The specified period is calculated from the date of approval of the report on the conduct of the SAUT. Article 17 of Law No. 426 provides for cases conducting an unscheduled SOUT , in particular:

• commissioning of newly organized jobs;
• change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
• change in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
• an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were exposure of the employee to harmful and (or) hazardous production factors.

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Unscheduled SOUT is carried out at the relevant workplaces within six months from the date of occurrence of the said events. SOUT regulation carried out by the Labor Code of the Russian Federation ( Further - Labor Code of the Russian Federation), Law No. 426-FZ, other federal laws and other regulatory legal acts Russian Federation (Article 2 of Law No. 426-FZ). The legislative acts of the Russian Federation contain requirements for workplaces and indicators of harmful and (or) dangerous factors in the working environment and the labor process ( Further - harmful and (or) dangerous production factors),
measured during the SAUT, as well as guarantees and compensations to employees employed in work with harmful and (or) dangerous working conditions (table).

• organization of the SAUT;

ORGANIZATION OF A SPECIAL ASSESSMENT OF WORKING CONDITIONS

providing services in this area and meeting the requirements of Article 19 of Law No. 426-FZ.

The statutory documents of the organization conducting the SATS should indicate that at least five experts working on employment contract and having an expert certificate for the right to perform work on the SOUT. In addition, the organization conducting the SATS, as structural unit must have which is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and whose scope of accreditation is the conduct of research (tests) and measurements of harmful and (or) hazardous factors of the working environment and the labor process.

The procedure for conducting the SOUT is established by Law No. 426-FZ and includes several stages:

• organization of the SAUT;
• preparation for the implementation of the SAUT;
• identification of potentially harmful and (or) hazardous production factors;
• research and measurement of harmful and (or) hazardous production factors;
• research (testing) and measurement of harmful and (or) dangerous factors of the production environment and the labor process during the implementation of the SAUT;
• registration of the results of the SOUT;
• declaring the compliance of working conditions with state regulatory requirements for labor protection.

Responsibilities for the organization and financing of the SOUT assigned to the employer. SOUT is carried out jointly by the employer and a specialized organization providing services in this area and meeting the requirements of Article 19 of Law No. 426-FZ. The statutory documents of the organization conducting the SATS should indicate that the main type of its activity (one of its activities) is the implementation of SOUT . This organization must have at least five experts working under an employment contract and having an expert certificate for the right to perform work on the SOUT.

In addition, the organization conducting the SATS, as a structural unit, must have testing laboratory (center) which is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and whose scope of accreditation is the conduct of research (tests) and measurements of harmful and (or) hazardous factors of the working environment and the labor process.

COMPOSITION AND PROCEDURE OF ACTIVITIES OF THE COMMISSION (LIST OF CARRYING OUT
NECESSARY MEASURES) ARE APPROVED BY THE ORDER (INSTRUCTION) OF THE EMPLOYER. THE SAME ORDER APPROVES THE SCHEDULE OF SOUT.

The employer concludes with such an organization that conducts the SOUT, civil contract .

PREPARATION FOR A SPECIAL ASSESSMENT OF WORKING CONDITIONS. FORMATION OF THE COMMISSION

Employer order (instruction) forms a commission for conducting a special assessment of working conditions ( Further - commission). The number of committee members must be odd. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any). The commission is headed by the employer (his representative).

When conducting SOUT with the employer, referred in accordance with the legislation of the Russian Federation to small businesses , 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 a labor protection service (specialist in labor protection), representatives of the elected body of the primary trade union organization or other representative body of workers (if any).

DETERMINING THE LIST OF JOBS WHERE A SPECIAL EVALUATION OF WORKING CONDITIONS WILL BE CARRIED OUT

Prior to the start of work on the implementation of the SOUT the commission approves the list of jobs where the SOUT will be carried out (indicating similar jobs), as well as dangerous and (or) harmful working conditions.

Similar jobs workplaces are recognized that are located in one or more similar industrial premises (production zones) equipped with the same (same type) air conditioning, ventilation, lighting and heating systems, where employees work in the same specialty, profession, position, perform the same labor functions in the same mode of 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.

Carrying out SOUT at similar workplaces has its own characteristics. When identifying similar places SAMS is carried out for only 20% of the total number of such jobs (but not less than two jobs) and its results are applied to all similar jobs.

IDENTIFICATION OF POTENTIALLY HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS

Under identification of potentially harmful and (or) hazardous production factors refers to the comparison and establishment of the coincidence of the factors of the production environment and the labor process at the workplace with the factors of the production environment and the labor process, provided for by the Classifier of harmful and (or) hazardous production factors, approved by Order of the Ministry of Labor No. 33n.

The procedure for the identification of potentially harmful and (or) hazardous production factors is established by the Methodology for conducting the SATS. According to section II of the Methodology for conducting the SAUT, the identification of potentially harmful and (or) hazardous production factors ( Further - identification) includes the following steps:

• identification and description of the factors of the production environment and the labor process, sources of harmful and (or) dangerous factors at the workplace;
• comparison and determination of the coincidence of the factors of the working environment and the labor process at the workplace with the factors of the working environment and the labor process, provided for by the Classifier of harmful and (or)hazardous production factors;
• making a decision on conducting research (testing) and measuring harmful and (or) hazardous factors;
• registration of identification results.

Identification of potentially harmful and (or) hazardous production factors in the workplace is carried out an expert of the organization conducting the SATS . The identification results are approved by the commission.

AndCCINVESTIGATIONS AND MEASUREMENTS OF HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS

As part of the SATS, all identified harmful and (or) hazardous factors of the production environment are subject to research (testing) and measurements. The list of detected harmful and (or) hazardous production factors that are subject to research (testing) is formed by the commission based on:

• state regulatory requirements for labor protection;
• characteristics of the technological process and production equipment;
• characteristics of the raw materials and materials used;
• results of previous studies and measurements
• harmful and (or) dangerous production factors;
• employee suggestions.

Research (testing) and measurement of actual values ​​of harmful and (or) hazardous production factors are carried out by the testing laboratory (center), experts and other employees of the organization conducting the SATS. Methods and methods of research and methods for measuring harmful and (or) hazardous production factors, the composition of experts are determined by the organization conducting the SATS independently. Expert of the organization conducting the SAUT, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors defines classes (subclasses) of working conditions at workplaces according to the degree of harmfulness and (or) danger .

When conducting studies (tests) and measurements of harmful and (or) hazardous production factors, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (testing) and methods (methods) of measurements and the corresponding measuring tools, measurement methods, and the measuring methods, PASSED VERIFIED AND INTRODUCED TO THE FEDERAL INFORMATION FUND TO ENSURE THE UNITY OF MEASUREMENTS (Part 4, Article 12 of LAW No. 426).

Article 14 of Law No. 426-FZ:

"2.Optimal working conditions (grade 1) are working conditions under which the impact on the employee of harmful and (or) hazardous production factors is absent or the levels of exposure to 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 to maintain a high level of efficiency worker.

3. Permissible working conditions (grade 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 work day (shift).

4. Harmful working conditions (Grade 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 which the altered functional state of the employee's body is restored, as a rule, with a longer than before the start of the next working day (shift), the cessation of exposure to these factors, and increases the risk of damage to health;

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 persistent functional changes in the employee's body, leading to the emergence and development of initial forms occupational diseases or occupational diseases of mild severity (without loss of professional ability to work) arising after prolonged exposure (fifteen or more years);

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 employee's body, leading to the emergence and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) in the period labor activity;

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. Dangerous working conditions (Grade 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 can endanger the life of the employee, and the consequences of these factors cause a high risk of developing an acute occupational disease during the period of employment.

THE PROTOCOL CONTAINING THE RATIONALE FOR THE DECISION ON THE IMPOSSIBILITY TO CARRY OUT RESEARCH (TEST) AND MEASUREMENT OF HARMFUL AND (OR) HAZARDOUS PRODUCTION FACTORS IS AN INTEGRAL PART OF THE SPECIAL ASSESSMENT REPORT
WORKING CONDITIONS.

The Commission has the right to decide on the impossibility of conducting research (testing) and measuring harmful and (or) hazardous production factors in the event that the specified studies (tests) and measurements at the workplace may threaten the life or health of employees, experts or other persons conducting the SATS . In this case, the working conditions in the workplace are dangerous class working conditions without carrying out appropriate research and measurements. The commission draws up a decision on the impossibility of conducting research and measurements protocol containing the rationale for making such a decision.

The employer must send a copy of the protocol to the territorial office federal body executive branch authorized to conduct federal state supervision for compliance with labor legislation and other regulatory legal acts containing norms labor law, at its location within 10 working days from the date of the decision.

RESEARCH (TEST) AND MEASUREMENT OF HARMFUL AND (OR) DANGEROUS FACTORS IN THE PRODUCTION ENVIRONMENT AND WORK PROCESS DURING A SPECIAL ASSESSMENT OF WORKING CONDITIONS

As part of the SUT, the following harmful and (or) dangerous factors of the production environment are subject to research (testing) and measurement:

In addition, the following harmful and (or) dangerous factors of the labor process are subject to measurement during the SOUT:

• the severity of the work process (indicators of physical load on the musculoskeletal system and on functional systems employee's body)
• labor intensity (indicators of sensory load on the central nervous system and sense organs of the worker).

By certain types jobs, professions, positions and specialties by the Ministry of Labor and Social Protection of the Russian Federation, together with others executive bodies authorities and organizations an additional list of harmful and (or) dangerous factors of the working environment and the labor process, which are subject to research and measurement during the SOUT, may be established . According to the test results, working conditions at workplaces are divided into four classes according to the degree of harmfulness and (or) danger: optimal, permissible, harmful and dangerous.

REGISTRATION OF THE RESULTS OF THE SPECIAL ASSESSMENT OF WORKING CONDITIONS

The organization conducting the SOUT is report on its implementation based on the work done. The report form on the special assessment of working conditions and the Instructions for filling out the report form on the special assessment of working conditions were approved by Order No. 33n.

The report includes the following results of the SATS:

• 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 Law No. 426-FZ;
• a list of workplaces where the SAUT was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;
• SATS cards containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting SATS;
• protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;
• protocols for assessing the effectiveness of personal protective equipment;
• protocol of the commission containing a decision on the impossibility of conducting research (tests) and measurements (if such a decision exists);
• a summary sheet of the results of the SAUT;
• a list of recommended measures to improve working conditions;
• conclusion of the expert of the organization conducting the SATS.

Protocol for conducting research and measurements of identified harmful and (or) hazardous production factors is drawn up in relation to each investigated and identified harmful and (or) dangerous factor. The report is signed by all members of the commission and approved by the chairman of the commission. If a member of the commission does not agree with the results of the SAUT, he has the right to express his reasoned dissenting opinion in writing by attaching it to the report.

THE RESPONSIBILITY TO TRANSFER THE RESULTS OF THE CARRYING OUT THE SOUT IS ASSIGNED TO THE ORGANIZATION CARRYING OUT A SPECIAL ASSESSMENT OF WORKING CONDITIONS (Part 1, Article 18 of LAW No. 426-FZ).

The employer organizes familiarization of employees with the results of the SATS at their workplaces against signature no later than 30 calendar days from the date of approval of the report on its implementation. The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.

The results of the SATS, including in relation to workplaces, the working conditions of which are recognized as acceptable and declared as complying with state regulatory requirements for labor protection, are subject to transfer to Federal State information system taking into account the results of a special assessment of working conditions (Part 1, Article 18 of Law No. 426-FZ). The organization conducting the SATS, within ten working days from the date of approval of the report on its implementation, transfers the relevant information regarding the employer, the workplace and the organization that conducted the SATS to the specified accounting information system. Information is sent in the form electronic document signed with a qualified electronic signature.

DECLARATION OF COMPLIANCE OF WORKING CONDITIONS WITH THE STATE REGULATIONS OF LABOR PROTECTION

For jobs that no harmful and (or) hazardous production factors were identified as a result of identification , the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms, at its location declaration of compliance of working conditions with state regulatory requirements for labor protection (Article 11 of Law No. 426-FZ). The declaration and information about it are entered in the register of declarations of compliance of working conditions with state regulatory requirements for labor protection. The form of the declaration of compliance of working conditions with state regulatory requirements for labor protection and the procedure for filing a declaration of compliance with working conditions with state regulatory requirements for labor protection were approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated February 7, 2014 No. 80n. Declaration valid for five years from the date of approval of the report on the implementation of the SUT.

The material for publication was kindly provided by the editors of the journal
"Occupational Health and Fire Safety".

Who should conduct a special assessment of working conditions, within what time frame, what responsibility is provided for failure to conduct or for violating the procedure for conducting a special assessment. We will consider these and other questions in this article.

One of the main responsibilities of an employer is to provide its employees with safe conditions labor in the workplace (Article 212 of the Labor Code of the Russian Federation). Conducting a special assessment of working conditions in the workplace is one of the activities that the employer takes to fulfill this obligation.

On January 1, 2014, Federal Law No. 426-FZ of December 26, 2013 “On the Special Assessment of Working Conditions” (hereinafter referred to as the Law) came into force, which introduced a new procedure - a special assessment of working conditions (SUT). She replaced the certification of jobs.

SOUT is aimed at identifying harmful and dangerous factors in the working environment, assessing the level of their impact on the employee (part 1 of article 3 of the Law).

Based on the results of a special assessment of labor, the employer:

• defines classes (subclasses) of working conditions;
• provides employees with personal and collective protection equipment;
• establishes for employees the guarantees and compensations provided for by law;
• organizes preliminary and periodic medical examinations;
• establishes an additional rate of contributions to the PFR;
• calculates the discount (surcharge) to the insurance rate of contributions for injuries;
• prepares statistical reporting about working conditions.

SOUT is required, but not for everyone

Each employer must conduct a special assessment, regardless of the form of ownership.

The following categories of employees are excluded:

• homeworkers;
• remote workers;
• employees who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

The employer must organize and pay for a special assessment (part 1, article 8 of the Law). At the same time, the assessment is carried out by him together with a specialized organization involved on the basis of a civil law contract (part 2 of article 8 of the Law).

In order to understand when it is necessary to conduct a planned special assessment, let's turn to the scheme:

Deadlines for the scheduled special assessment of jobs created before 01/01/2014

A special assessment is carried out at least once every 5 years. The term is calculated from the date of approval of the report on its implementation (part 4 of article 8 of the Law). However, if the conducted special assessment confirms the optimal or acceptable conditions at the workplace, and within 5 years from the date of approval of the report, no occupational diseases are detected in the organization and no accident occurs, the results of such a special assessment are automatically extended for the next 5 years. But in case of detection of harmful/dangerous working conditions, these workplaces are subject to a scheduled special assessment every 5 years.

Situation: Potentially harmful working conditions

For potentially harmful/dangerous working conditions, the Law does not clearly stipulate the period for conducting a scheduled special assessment. Nevertheless, for these categories of jobs, an assessment of working conditions should be carried out as soon as possible. (end of box)

Estimation out of plan

In some cases, the employer needs to conduct a special assessment unscheduled, that is, earlier than after 5 years (part 1 of article 17):

• when introducing a new workplace;
• if there is an order from the GIT to conduct a special assessment;
• when changing the technological process at the workplace, when replacing production equipment, the composition of the materials used, raw materials, etc.;
• if an accident occurs at the workplace (not through the fault of third parties);
• if an occupational disease is detected;
• if there is a motivated proposal from the elected body of the primary trade union organization to conduct an unscheduled SOUT.

The period for conducting an unscheduled special assessment is 6 months. Moreover, if the organization began its activities after January 1, 2014, all jobs are considered newly created and are subject to special assessment within 6 months.

SOUT Commission

The conduct of the SAUT begins with the convening of a commission with an odd number of members. It is initiated by the order of the head of the organization. The commission includes a labor protection specialist or a specialist engaged by the employer under a civil law contract to perform the functions of the labor protection service (labor protection specialist), as well as a representative of the trade union, if any. In the same order, the head must indicate who will head the commission - he himself or a person appointed by him.

Important: Similar jobs

The commission approves the list of jobs subject to special assessment and indicates which of them are similar (parts 5-7 of article 9 of the Law). It should be noted that the SATS is carried out only in relation to 20% of similar jobs (but not less than two jobs), and its results apply to all similar jobs (Part 1, Article 16 of the Law). According to Art. 9 of the Law, such are jobs that simultaneously meet the following conditions:

1. located in one or more similar industrial premises (production zones);
2. equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
3. where employees work:

• the same profession (position, specialty) performing the same labor functions;
• in the same mode of working hours while maintaining the same type of technological process;
• using the same production equipment, tools, fixtures, materials and raw materials;
• provided with the same personal protective equipment.

Is it always necessary to involve a specialized organization?

At the same time, the company is obliged to select and conclude an agreement with a specialized organization for the implementation of the SATS.

At the next stage, a specialized organization enters the business. Its task is to identify harmful or dangerous labor factors. Simply put, to decide whether a person's work can harm a person's health, and if it can, then with what exactly. Harmful factors are listed in the Classifier approved by the Order of the Ministry of Labor N 33n of 01/24/2014.

It should be noted that identification is not carried out in relation to (part 6 of article 10 of the Law):

• workplaces of employees whose professions, positions or specialties are included in the lists for the early appointment of an old-age labor pension;
• workplaces where employees, in accordance with the law, are provided with guarantees and compensations for work with harmful and (or) dangerous working conditions;
• workplaces where harmful and (or) dangerous conditions labor.

At the same time, the rest of the special assessment procedures in relation to these jobs are being carried out.

So the expert specialized organization carries out identification, and its results are approved by the commission of the employer (part 2 of article 10 of the Law).

If harmful and (or) dangerous production factors at the workplace are not identified, then further research is not carried out (part 4 of article 10 of the Law).

For such jobs, as well as places where working conditions are recognized as optimal or acceptable, the employer submits to his labor inspectorate a declaration of compliance of working conditions with state requirements.

Situation: Harmful or dangerous production factors have been identified

If harmful / hazardous production factors are identified, then the commission decides to conduct research and measure these factors (part 5, article 10 of the Law). Having finished measuring the harmful factors, the expert organization and the commission of the audited company draw up a report on the results of the special assessment. It is signed by all members of the commission and approved by its chairman. The report form is in the Order of the Ministry of Labor N 33n dated January 24, 2014. Evaluation cards for each workplace that has passed the procedure are attached to it. As a result, working conditions are divided into classes and subclasses according to the degree of harmfulness, employees receive certain guarantees and compensations, and an additional rate of contributions to the Pension Fund is determined.

Characteristics of working conditions

Class	Subclass	Working conditions	Additional fare amount	Characteristics of a class (subclass)
		Optimal		Harmful (dangerous) factors are absent or do not exceed the norms.
		Permissible		Harmful (dangerous) factors do not exceed the norms; the functional state of the employee is restored during the inter-shift rest.
		1st degree		After exposure to harmful (dangerous) factors, the state of the body of an employee is restored at a longer time than between shifts; increased risk of health damage.
		2 degrees		Harmful (dangerous) factors can cause the appearance and development of initial forms of occupational diseases or occupational diseases of mild severity (without disability) that occur after prolonged exposure (15 years or more).
		3 degrees		Harmful (dangerous) factors can cause the emergence and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) in an employee during the period of employment.
		4 degrees		Harmful (dangerous) factors can lead to the emergence and development of severe forms of occupational diseases in an employee (with loss of general ability to work) during the period of employment.
				Harmful (dangerous) factors affecting an employee during the entire working day (shift) or part of it can endanger his life, and their consequences cause a high risk of developing an acute occupational disease during work.

The evaluation has been completed, what's next?

But the responsibility of the employer does not end there. He must familiarize employees against signature with the results of the assessment conducted at their workplaces within 30 calendar days from the date of approval of the above report (part 2, article 5 and part 5, article 15 of the Law).

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

Important: update the information on the site

And if the organization has an official website, then it must organize the placement of summary data on the results of the assessment on it:

• on established classes (subclasses) of working conditions;
• about the list of measures to improve these conditions.

This must be done within the same period - 30 calendar days from the date of approval of the report on the special assessment (part 6 of article 15 of the Law).

Information on the results of a special assessment must also be reflected in table 10 of Form 4-FSS.

Employees also have an obligation to familiarize themselves with the results of the SOUT (part 2 of article 5 of the Law). Refusal to fulfill this obligation may be recognized by the employer as a violation of labor protection requirements. Such a refusal is grounds for bringing to disciplinary responsibility(paragraph 2, part 1, article 214, article 192 of the Labor Code of the Russian Federation).

A specialized organization is obliged to transfer the results of the assessment to the Federal State Information System for recording the results of a special assessment of working conditions (part 1 of article 18 of the Law).

For violation of the procedure for conducting or for not conducting the SOUT, administrative liability is provided, its amount is indicated in the table.

Responsibility for violations of the special assessment rules

Norm of the Code of Administrative Offenses of the Russian Federation	Offense	A responsibility
		officials		organizations
Part 2 Art. 5.27.1	Violation by the employer of the established procedure for conducting a special assessment of working conditions at workplaces or failure to conduct it	Warning or 5,000 - 10,000 rubles.		Warning or 60,000 - 80,000 rubles.
Part 5 Art. 5.27.1	The commission of an offense under Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, by a person previously subjected to administrative punishment for a similar offense	30,000 - 40,000 rubles or disqualification for 1 - 3 years	30,000 - 40,000 rubles or suspension of activities for up to 90 days	100,000 - 200,000 rubles or suspension of activities for up to 90 days
Part 1 Art. 14.54	Violation by the organization that conducted a special assessment of working conditions of the procedure for its conduct	20,000 - 30,000 rubles	Not	70,000 - 100,000 rubles
Part 2 Art. 14.54	The commission of an offense under Part 1 of Art. 14.54 of the Code of Administrative Offenses of the Russian Federation, by a person previously subjected to administrative punishment for a similar offense	40,000 - 50,000 or disqualification for 1 - 3 years		100,000 - 200,000 or suspension of activities for up to 90 days

The following actions / inaction of the employer may be recognized as a violation of the procedure for conducting the SATS:

1. non-compliance with the deadline for the special assessment;
2. failure to familiarize employees with the results of a special assessment at their workplaces;
3. violation of the procedure for processing the results of a special assessment;
4. special assessment:

• without involving a specialized organization;
• without forming a commission for its implementation;
• not in all jobs.

There are a number of differences between job attestation and SUT related to the list of jobs to be checked. Certification has always been assigned to jobs using: mechanisms, Vehicle, devices, devices, hand tool etc. There are no such restrictions for SUT.

The procedure for a special assessment of working conditions (SOUT) is carried out on the basis of the organization's staffing table. The list of organizations includes all enterprises, legal entities that have at least one workplace. For individuals who hired an employee, this measure is not provided for (426-FZ, art. 3). The list of jobs will be determined by the specialist of the organization that you have chosen to conduct the SOUT. But the employer can prepare for this procedure in order to optimize the workflow.

For each profession from the staffing table, an SOUT should be carried out. Many employers are wondering what could be dangerous in the working conditions of office employees and is it really necessary to carry out an SOUT for them. The answer of the experts is unequivocal - SOUT is obligatory for all categories of employees of the company. If you have never conducted a SAOT, then the law currently obliges you to pass it only for "harmful" jobs. Jobs that must necessarily pass the SOUT include:

• Positions included in the lists for early appointment of old-age pensions
• Positions that provide guarantees and compensation for work with dangerous or harmful working conditions

Potentially safe, including office, jobs can be assessed gradually until 2018. Legislators promise not to fine for such a minor violation. But for violation of the SOUT procedure for a “dangerous” workplace, they can be punished under the Criminal Code.

The list of jobs determined by the SOUT specialist may include similar jobs. These include employees of the same profession, performing the same labor functions, under the same working hours, using the same production equipment, having similar industrial premises with the same system of ventilation, lighting, heating, etc. In relation to such jobs, SATS is carried out for 20% of their total number (but not less than two). The results of the SUT are applicable to all similar workplaces. The system of measures to improve working conditions for similar ones is also the same. The employer has the right to review the positions in the staff list and make appropriate changes.

SOUT is not carried out for home work. When optimizing the staffing table, the employer may well take advantage of this norm. A profession that allows an employee to work at home must be properly formalized. Those. the contract with the employee must necessarily mention the condition of work - home, remote etc.

When entering into staffing new position the employer must conduct a SATS for these jobs. The nature of such an audit will be unscheduled if the last SOUT in the organization has not expired. The audit must be carried out no later than six months from the date of commissioning of new jobs. If the new positions are similar to those already tested, then the SUT is not mandatory.

Thus, SOUT is not carried out for the following categories of workers:

• outworkers,
• remote workers,
• Employees who have an employment relationship with an employer who is an individual who is not registered as an individual entrepreneur.

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

Special assessment of working conditions in the office or liquidated organization

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

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

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

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

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

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

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

What jobs need to be certified?

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

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

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

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

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

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

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

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IMPORTANT about SOUT!!!

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

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

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

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

CEO remote worker it can not be. If there is an office rental, then there is a workplace.

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

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

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

From 2020, fines for SOUT will automatically go

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

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

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

Companies who are required to conduct a SOUT

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

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

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How to save on a special assessment of working conditions

Companies can evaluate jobs with optimal and acceptable working conditions once, instead of every five years. Further, it is enough to include such places in the declaration of conformity. These and other amendments were introduced by Federal Law No. 136-FZ dated May 1, 2016 to Article 11 of Law No. 426-FZ, which has been in force since May 1, 2016.

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

ADDITIONAL RELATED LINKS

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