Since the beginning of 2014, Federal Law No. 426-FZ dated December 28, 2013 (hereinafter referred to as the Law on SOUT) has been in force. Its provisions completely abolished the certification of workplaces, and instead introduced a new procedure for analyzing harmful work factors - a special assessment of working conditions (hereinafter referred to as SAUT).

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

The essence of the special assessment of working conditions

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

• Optimal; valid;
• Harmful; dangerous.

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

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

Who needs to carry out SOUT?

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

1) Entrepreneurs conducting activities without hiring employees;

2) Employers - individuals.

What is subject to special assessment?

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

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

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

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

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

Terms of the planned SOUT

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

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

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

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

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

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

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

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

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

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

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

In what cases is an unscheduled SOUT required?

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

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

Who conducts a special assessment of working conditions?

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

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

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

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

Results of a special assessment of working conditions

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

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

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

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

Responsibility for violations in the field of SUT

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

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

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

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

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

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

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

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

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

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

In particular, the penalties are:

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

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

Conclusion

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

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

E.A. Shapoval, lawyer, Ph.D. n.

Special assessment: simple about the complex

We deal with the nuances of conducting a special assessment, providing guarantees to employees and paying contributions based on its results

Starting this year, all organizations are required to conduct a special assessment of Part 1 Art. 28 of the Law of December 28, 2013 No. 426-FZ (hereinafter - Law No. 426-FZ). And its non-conduct from next year is fraught with fines. We will talk about some of the nuances.

Who is eligible for the special

Small businesses should also conduct a special assessment

Even if you have only 2 people working - a director and an accountant - you need to conduct a special assessment. There are no exceptions for small businesses, and no matter how many employees you have in Part 3 Art. 3 Law No. 426-FZ. Moreover, your director must personally participate in the special assessment commission. Part 3 Art. 9 of Law No. 426-FZ.

Lack of activity does not exempt from special assessment

If the company has only one director and the company does not conduct business, a special assessment should be carried out if the director has a workplace outside the home. If he performs the duties of a director at home, then it is not necessary to conduct a special assessment of Fr.

No special assessment required for remote jobs and homeworkers

If all employees of the company are remote and home workers, which is indicated in their employment contracts, then it is not necessary to conduct a special assessment. Part 1, 3 Art. 3 Law No. 426-FZ.

Safe working conditions do not exempt from special assessment

WARNING THE MANAGER

Even a new workplace similar to existing ones, You still need to conduct a special assessment.

If, according to the results of the certification, the working conditions in the organization were recognized as safe, then it was not necessary to re-certify. However, on this basis, now it is impossible to simply submit a declaration on the compliance of working conditions with regulatory requirements without conducting their special assessment and Part 1, 3 Art. 3 Law No. 426-FZ. If the conducted special assessment confirms the safety of working conditions in the workplace and within 5 years after that you will not have accidents (occupational diseases), then you can not conduct a repeated special assessment. It will be enough to submit a declaration on the compliance of working conditions with regulatory requirements. This declaration will be valid for another 5 years part 5, 7 art. 11 of Law No. 426-FZ.

Offices need to be assessed

If the company has only office jobs, a special assessment will need to be carried out Part 1, 3 Art. 3 Law No. 426-FZ. But, most likely, it will end for you at the identification stage: if the expert of the evaluating organization does not identify harmful and (or) dangerous factors at the workplace in your office, then the working conditions at the workplace are recognized by the commission as acceptable. Then the second stage of the special assessment - research (testing) and measurement of harmful and (or) dangerous factors - is not carried out part 2, part 4, art. 10 of Law No. 426-FZ.

Identification potentially harmful and hazardous production factors - this is the first stage of a special assessment of working conditions in the workplace, it is not carried out in relation to "harmful" jobs Part 6 Art. 10 of Law No. 426-FZ, namely:

• workplaces of employees, professions, positions, specialties of which are included in the List and sub. 1-18 p. 1 art. 27 of the Law of December 17, 2001 No. 173-FZ; Lists No. 1 and No. 2, approved. Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 for the early appointment of an old-age labor pension;
• workplaces, in connection with employment in which guarantees and compensations are provided for work with harmful and (or) dangerous working conditions (increase in wages by at least 4% of the tariff rate (salary) established for the same work with normal working conditions , reduced working hours - no more than 36 hours per week, additional leave of at least 7 calendar days) articles 92 , , , 219 of the Labor Code of the Russian Federation;
• workplaces where harmful and (or) dangerous working conditions were established based on the results of an earlier certification or special assessment.

And if the special assessment ends for you at the identification stage, then it will be enough to issue it according to the approved form e Appendix No. 1 to the Order of the Ministry of Labor of 07.02.2014 No. 80n declaration of conformity of workplaces with established norms Part 1 Art. 11 of Law No. 426-FZ. Not later than 30 working days from the date of approval of the special assessment report, this declaration must be submitted to the labor inspectorate of the region at the location of the company and pp. 3-5 of Appendix No. 2 to the Order of the Ministry of Labor of 07.02.2014 No. 80n:

• <или>by mail with a description of the attachment and a return receipt;
• <или>in the form of an electronic document signed by a qualified electronic signature of the employer;
• <или>by filling out the declaration form on the official website of Rostrud (now the service is undergoing the final stage of testing).

Evaluate not staff units, but jobs

All equipped workplaces that are available, and not according to the staff list, are subject to special assessment. After all, the staff list indicates positions, not jobs. In addition, in a multi-shift mode, several people can work in one workplace, shifting, whose positions are indicated in the staffing table. Or, no one may work at the existing equipped workplace, since this position in the staff list is vacant at the time of the special assessment.

If there are no “pests”, you can take your time with a special assessment

If an organization that has never carried out attestation of jobs before has no "harmful" jobs, then you can not rush to conduct a special assessment. You need to complete the special assessment by the end of 2018. Part 6 Art. 27 of Law No. 426-FZ

Deadlines for special assessments

For new firms, the terms are the same as for existing ones.

A special assessment of the jobs of newly created organizations should be carried out within six months p. 1 h. 1, h. 2 art. 17 of Law No. 426-FZ.

FROM AUTHENTIC SOURCES

Deputy Head of the Federal Service for Labor and Employment

“ Newly created organizations are required to conduct an unscheduled assessment of jobs, since all their jobs are newly organized p. 1 h. 1 art. 17 of Law No. 426-FZ. The employer is obliged to reflect all newly organized jobs in the structure of the organization, in particular in the technical documentation, or in local regulations. If the workplace is put into operation by drawing up an acceptance certificate, then from the date of signing the act. In other cases, the day the workplace is put into operation should be considered the inclusion of the position in which the employee works at the newly created workplace in the organization's staffing table.

At the same time, if you plan to open a company in the near future and there will be no “harmful” jobs, then you can conduct a special assessment in stages over 5 years, that is, until the end of 2018. Part 6 Art. 27 of Law No. 426-FZ

When to conduct a special assessment if the certification expires in 2014

If the validity period of the attestation, according to the results of which the working conditions were recognized as acceptable, expires in 2014 and the organization does not have “harmful people” according to the Lists, a special assessment can be carried out in stages until the end of 2018. Part 6 Art. 27 of Law No. 426-FZ After all, you do not have "harmful" jobs.

Special assessment can be carried out before the expiration of the certification period

If, based on the results of certification, harmful (class 3, hazard degrees 3.1-3.4) and (or) dangerous (class 4) working conditions were established, and the organization took measures to improve working conditions, then it is not necessary to wait for the certification to expire. It is possible to conduct a special assessment earlier. Indeed, if, according to the results of the special assessment, working conditions are recognized as acceptable (grade 2), then from the date of approval of the special assessment report, you will no longer be required to provide guarantees and compensation to employees for working in harmful and dangerous working conditions, as well as pay contributions to the Pension Fund at an additional rate Part 3, 4 Art. 15 of the Law of December 28, 2013 No. 421-FZ (hereinafter - Law No. 421-FZ); Part 2 Art. 58.3 of the Law of July 24, 2009 No. 212-FZ.

How to conduct a special assessment

Certifying organizations can still conduct a special assessment

The list of accredited organizations providing services in the field of labor protection can be found: website of the Ministry of Labor→ Register of accredited organizations providing services in the field of labor protection

For a special assessment, you can contact the same organization that conducted your workplace certification.

This firm has the right to conduct a special assessment before the expiration of the certificate of its testing laboratories. If the certificate expires this year, then she can conduct a special assessment before it ends. Part 1, 2 Art. 27 of Law No. 426-FZ.

The jobs of "travelers" are evaluated in a general manner

Rostrud told us how to conduct a special assessment of the workplaces of employees with a traveling nature of work performing repair and installation work at the location of customer organizations.

FROM AUTHENTIC SOURCES

“A special assessment of the working conditions of workers with a traveling nature of work (this should be reflected in the employment contract) is carried out in the general manner in accordance with the Methodology approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n. A part of such jobs may be subject to special assessment with the assignment of other jobs to similar ones.

When concluding employment contracts, in accordance with which the employee will perform work not at the location of the employer, additional conditions can be provided for in them, in particular about the workplace. Then a special assessment of working conditions will be carried out just at those jobs that are indicated in the employment contract.

Rostrud

You can save on a special assessment of similar jobs

If the special assessment commission, when determining the list of jobs, identifies similar ones, then it is not necessary to conduct a special assessment of each such place - it will be enough to check 20% of their total number (but not less than two such jobs) Part 5 Art. 9, part 1, art. 16 Law No. 426-FZ. However, if during the special assessment it turns out that at least one of these jobs does not meet the criteria of similarity, a special assessment will have to be carried out at all jobs x Part 5 Art. 16 Law No. 426-FZ.

Similar jobs- these are jobs Part 6 Art. 9 of Law No. 426-FZ:

• 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 and 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.

Results of the special assessment

Where should the assessment results be sent?

Based on the results of the special assessment, the specialized organization that conducted it draws up a report. Part 1-3 Art. 15 of Law No. 426-FZ according to the approved form Appendix No. 3 to the Order of the Ministry of Labor of January 24, 2014 No. 33n. It must be signed by all members of the special assessment commission, which includes representatives of the employer and the employee in Part 2 Art. 9 of Law No. 426-FZ. You may, but are not required to, send the results of the special assessment to the labor inspectorate at your location. It makes sense to do this in order to insure yourself in case the appraisal organization does not enter data into the Federal State Information System for recording the results of a special assessment. She will be obliged to do this from 2016. Then the data will be entered by the labor inspectorate.

The form of a report on the conduct of a special assessment of working conditions in electronic form can be found: "Legislation" section of the ConsultantPlus system

If your company has a website, then you must place a summary of the results of the special assessment on it within 30 calendar days from the date of approval of the report and Part 6 Art. 15 of Law No. 426-FZ.

In addition, you must familiarize employees in writing with the results of the special assessment also within 30 calendar days, excluding periods of illness, business trips, vacations, vacations between shifts and p. 4 h. 2 art. 4, part 5, art. 15 of Law No. 426-FZ.

We indicate the working conditions at the workplace in the employment contract

The employment contract must specify the working conditions at the workplace. Art. 57 of the Labor Code of the Russian Federation. We are talking about a class (subclass) of working conditions at the workplace based on the results of a special assessment. This condition might look like this.

3.5. The working conditions at the workplace in terms of the degree of harmfulness and (or) danger are acceptable working conditions (grade 2), which is confirmed by the report on the special assessment of working conditions, approved on 07/01/2014.

After the special assessment has been carried out and the report on the special assessment has been approved, such a condition must be included in the employment contract immediately upon its conclusion with new employees. If the employment contract was concluded before the special assessment, then this condition is included in the employment contract after it is carried out by an additional agreement m Art. 57 of the Labor Code of the Russian Federation;. If an employee is hired to a newly created workplace, in respect of which an unscheduled special assessment is carried out within 6 months from the date of its creation p. 1 h. 1, h. 2 art. 17 of Law No. 426-FZ, such a condition is also included in the employment contract by concluding an additional agreement after the approval of the special assessment report.

What compensations "for harmfulness" are due to employees this year

Prior to the special assessment, you must provide employees with the same guarantees and compensations as last year, if, according to the results of the certification, harmful (class 3, hazard levels 3.1-3.4) and (or) dangerous (class 4) working conditions were established

additional leave of at least 7 calendar days;

shortened working week no more than 36 hours.

If subsequently the special assessment confirms the previous working conditions, then guarantees and compensations will have to be provided in the same amounts as before the special assessment and Part 3 Art. 15 of Law No. 421-FZ. And only if the special assessment recognizes working conditions as acceptable, workers will not need to provide guarantees and compensation "for harmfulness" Letter of the Ministry of Labor of March 21, 2014 No. 15-1 / B-298.

If, as a result of the special assessment, the amount of guarantees and compensations provided to the employee (salary bonus, reduced working hours, additional leave) has changed, it is necessary to conclude an additional agreement to the employment contract, changing its provisions on working conditions and guarantees provided and compensation x

. You can stop paying contributions to the Pension Fund at an additional rate only if the same working conditions are established by a special assessment.

When you don’t have to pay contributions to the Pension Fund for an additional tariff for “bad guys”

If, according to the results of certification, harmful (class 3, hazard degrees 3.1-3.4) working conditions are established for all workplaces, but none of the positions is indicated in subpara. 1-18 p. 1 art. 27 of the Law of December 17, 2001 No. 173-FZ and in Lists No. 1 and No. 2 approved Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10, then pay contributions to the FIU at an additional tariff not over Letter of the Ministry of Labor of March 13, 2014 No. 17-3 / V-113 (p. 1). After all, your employees are not employed in jobs that give them the right to early appointment of an old-age labor pension.

If you have "harmful" jobs, then it might make sense for you to hurry up with a special assessment, without waiting for the expiration of the certification results. After all, only this will allow you to save on contributions to the Pension Fund at an additional rate, if the conditions at the workplace included in the “pension” Lists are recognized as acceptable.

On December 31, 2018, the period for conducting a special assessment of working conditions ends. Employers who do not have time to complete the special assessment procedure (SOUT) may be fined up to 200 thousand rubles.

We bring to your attention the answers to the 10 most common questions about special valuation.

Which employers may not conduct a special assessment?

Absolutely all employers must conduct a special assessment. Carrying out SOUT does not depend on:

• organizational and legal form, i.e. all commercial and non-profit organizations, as well as public and private enterprises, public and private institutions are required to conduct a special assessment;
• number of employees, i.e. even if there is only one employee, SOUT is mandatory;
• the applicable taxation system - taxpayers in all regimes are required to conduct a special assessment;
• the size of the proceeds received - even small and medium-sized businesses must conduct a special assessment.

Should an individual entrepreneur conduct a special assessment of jobs?

If an individual entrepreneur has at least one employee, he is obliged to conduct a special assessment.

Under the previous legislation, the employer was not supposed to carry out attestation of workplaces. Do I need to conduct a special assessment now?

Despite the fact that the legislation on the SUT has replaced the norms on attestation of workplaces for working conditions, the grounds for conducting a special assessment are different.

If certification according to working conditions had to be carried out only in the presence of harmful conditions, then a special assessment is required under any working conditions.

If the employer does not have harmful jobs (positions), is it possible not to conduct a special assessment?

Employers are obligated to carry out SOUT regardless of whether they have harmful or dangerous work or not.

At the same time, a special assessment of the jobs of employees whose positions are included in the lists for early retirement should have been carried out before January 1, 2015.

The organization has only a CEO, who is the sole founder. Do I need to do a special assessment?

Even if the employer has only one employee, he is obliged to conduct a special assessment.

Therefore, if an employment contract has been concluded with the general director, then the conduct of the SOUT is mandatory.

If an employment contract has not been concluded, and the founder has assumed the duties of the general director by order, then you can do without a special assessment.

Is it necessary to conduct a special assessment of the jobs of an accountant, general director and other office workers?

In relation to absolutely all jobs, it is necessary to conduct a special assessment (including an accountant and a manager).

There is an indulgence in the fact that among similar jobs (for example, all accounting employees working in one or similar offices), only 20% can be estimated, but not less than 2.

Is it necessary to conduct a special assessment in relation to the workplaces of employees with a traveling nature of work?

Traveling jobs are assessed in the same manner as stationary jobs.

A special assessment can be omitted only in relation to:

• homeworkers;
• remote workers;
• persons working for citizens who are not individual entrepreneurs.

If a civil law contract is concluded with all employees, is it necessary to conduct a special assessment?

No, a special assessment is carried out only in relation to the workplaces of those employees with whom an employment contract has been concluded.

Therefore, if only executors under civil law contracts work for an organization or individual entrepreneur, the organization or individual entrepreneur is not required to conduct a SATS.

Is the special assessment carried out only once or will it have to be carried out regularly?

A special assessment of working conditions is carried out at least every 5 years.

The term is calculated from the moment of approval of the report on the conducted special assessment.

What is the responsibility for not conducting a special assessment?

For failure to conduct a special assessment, an administrative fine is imposed:

• for officials - from 5,000 to 10,000 rubles;
• for individual entrepreneurs - from 5,000 to 10,000 rubles;
• for organizations - from 60,000 to 80,000 rubles.

If the violation is repeated, the fines increase:

• for officials - from 30,000 to 40,000 rubles;
• for individual entrepreneurs - from 30,000 to 40,000 rubles;
• for organizations - from 100,000 to 200,000 rubles.

The section in

The procedure for a special assessment of working conditions (SUT) according to the current rules has been carried out since 2014. There are no changes in the rules this year compared to previous periods, but until 01-01-19, all firms are required to evaluate jobs according to the new rules.

The legislator did not provide for the specifics of this procedure for representatives of small businesses. SOUT is carried out by special accredited organizations, for a fee. There are situations in which the company does not need to carry out and pay for the SOUT. A small business has more opportunities than medium and large businesses to do this.

What is SOUT

A special assessment of working conditions is a survey of workplaces in order to identify harmful factors affecting the human body and assign a risk class to each workplace. Optimal (class 1.0) and acceptable (2.0) working conditions do not imply any special actions on the part of the employer. However, if the SOUT has revealed the presence of harmful, dangerous conditions (classes 3.0 and 4.0), employees occupying such jobs are entitled to increased wages (4% or more of the salary, i.e. rates) and a reduced working week (maximum duration - 36 hours).

Legislative framework governing the SOUT and its results:

• Federal Law No. 426 dated December 28, 2013 “On SOUT”;
• order of the Ministry of Labor No. 33 dated January 24, 2014 (contains the methodology for conducting the SOUT);
• order of the Ministry of Labor No. 80 dated 07-02-14 (contains the procedure for filing a declaration on the SOUT);
• Labor Code of the Russian Federation, in particular Art. 147, 92 (protects the rights of employees if jobs are assigned grades 3 and 4 based on the results of the SAUT);
• Administrative Code, in particular Art. 5.27.1 (regulates fines according to SAUT).

SOUT at small enterprises, micro-enterprises is carried out in accordance with the specified documents.

Until recently, the actual results of certification according to the old rules were equated with the results of the SOUT. However, from January 1, 2019, the transition period (Article 27 of the Federal Law No. 426) ends, which means that by the end of 2018, a special assessment of jobs should be carried out was obliged, as a general rule, every employer providing employees with jobs. There are exceptions, we will discuss them below.

How to conduct SOUT

A special assessment of working conditions is carried out by a third-party organization that:

• does not depend on the employer (for example, is not a branch or representative office);
• has SOUT as the main activity;
• passed accreditation in accordance with the order of the Ministry of Social Development No. 205n of 01-04-10;
• has a staff of specialists (5 or more) entitled to conduct such an assessment, at least one of them having the appropriate specialized education in the specialty (labor, general hygiene, laboratory studies of a sanitary and hygienic nature);
• has a laboratory equipped for SOUT.

The company does not have the right to conduct such research on its own. At the same time, the employer is obliged to form an internal commission that will work together with representatives of a third-party organization. According to Art. 9 of the Federal Law No. 426, the number of members of the commission must be odd.

For small businesses, the following is established:

• the commission must include a leader (personally) or an individual entrepreneur;
• The commission must have an OT specialist.

In the latter case, this can be either an employee of the company who has undergone appropriate training, or a representative of a third-party organization providing OT services under a contract. If there is a trade union, its representative must be included in the commission (clause 9, clause 3, article 9 of the Federal Law No. 426).

Important! When compiling a list of SOUT objects, places with the same characteristics are distinguished: by profession (positions), by location in similar production zones (premises), etc. If there are such places, then their assessment is not carried out completely, but only in the amount of 1/5 of the total numbers. The number of jobs cannot be less than 2. It is believed that in this way all similar jobs have been tested (Article 16, paragraph 1 of the Federal Law No. 426).

Based on the results of the special assessment, a third-party specialized organization draws up a document - a report that is signed by the commission. Objections of the commission or one of its members, if any, are attached to the report.

The report is needed for:

• writing off the costs of conducting the SAUT;
• planning and write-off of expenses for OT;
• formation of the tariff on DST.

New jobs, in accordance with the law, must be certified within six months. The same procedure applies if the technology used in any workplaces has been significantly changed.

Important! SOUT is carried out in the context of jobs, not employees. If at a small enterprise one employee combines several positions, in accordance with the staffing table, it is determined how many jobs he actually occupies. SOUT is carried out for each workplace.

Based on the results of a special assessment of working conditions, the company submits a declaration to the territorial labor inspectorate. This must be done no later than 30 days after the document has been approved.
The declaration is valid for 5 years, this period can be extended in the absence of occupational diseases and injuries in the work team.

The document is filled in according to the order of the Ministry of Labor No. 80n.

How much does it cost

The amount of remuneration for the work of specialized organizations providing services in the field of SOTS is not regulated by law.

The following main factors influence the price:

• average market value of services;
• company size, number of jobs;
• the presence or absence of negative factors and the degree of their influence;
• volume, completeness of technical documentation describing negative factors.

To date, the market price for one workplace is from 800-900 rubles and more.

"Savings" can be costly

The Labor Code of the Russian Federation (Article 212) directly obliges the employer to conduct a special assessment of the working conditions of employees.

The legislator and the regulatory authorities consider the refusal to conduct the SAUT as a violation of the rights of personnel. The penalties for this violation are very high. If, at the same time, we take into account the size and number of jobs in small enterprises, it becomes clear that breaking the law is unprofitable for the manager.

The amount of penalties (according to the text of Article 5.27.1 of the Code of Administrative Offenses):

• for the management of the company - from 5 to 10 thousand rubles;
• for a company - from 60 to 80 thousand rubles;
• for an entrepreneur - from 5 to 10 thousand rubles.

It should be noted that in case of repeated violation, the fine for the organization can reach 200 thousand rubles, and for the head (and individual entrepreneur) - up to 40 thousand rubles. A fine for the head and the legal entity that he manages can be issued at the same time. The fine can be replaced by the suspension of the company for up to 90 days.

When it is not necessary to carry out SOT

SOUT is not carried out if the employee works at home, works remotely, works for an individual (not an individual entrepreneur). There is no need to conduct a SATS in relation to vacancies - there are no employees, it is impossible to assess their working conditions.

It follows from the foregoing that if all employees of a small business perform their duties remotely, and the manager works with documentation and solves the problems of the company’s functioning from home, an assessment of working conditions is not required. The organizational structure, the size of SEs and micro-firms make it possible to have such a “remote” staff without prejudice to business.

Results

1. The vast majority of business entities need to complete the special assessment of working conditions (SUT) before the end of this year.
2. There are no exceptions for small businesses.
3. To carry out the SOUT, an agreement is concluded with a specialized third-party organization.
4. Prices for special assessment services are not as high as the fines for violating the law.
5. Small businesses are in an advantageous position because they have a small number of jobs.
6. If there are homeworkers or remote workers in the staff of the MP, they may not conduct SOUT.

A special assessment of working conditions is an obligation of all employers, provided for by the Labor Code. Consider the main aspects related to its organization and conduct.

The concept and legal foundations of the special assessment of working conditions

A special assessment of working conditions (SOUT) is a system of measures to assess harmful and dangerous production factors that affect an employee.

The obligation to conduct it is established by the Labor Code of the Russian Federation (Article 212). The main regulatory document regulating the SOUT is the law of December 28, 2013 No. 426-FZ “On a special assessment of working conditions”. In addition, certain issues related to the implementation of the SATS are disclosed in more detail in government decrees and documents of relevant departments (Ministry of Labor, Ministry of Health and Social Development).

Who and in what terms is obliged to carry out SOUT

A special assessment is mandatory carried out by all economic entities (legal entities and individual entrepreneurs) using the services of employees. It is necessary to evaluate all jobs, both permanent and temporary, even if we are talking about employees with a traveling nature of work.

SOUT is not carried out only in relation to the following categories of workers (clause 3, article 3 of Law No. 426-FZ):

1. Working from home or remotely.
2. Employees hired by individuals who are not individual entrepreneurs (au pairs, tutors, etc.).

SOUT in the general case should be carried out at least once every five years (Article 8 of Law No. 426-FZ).

For a particular employer, the timing of the SAUT is established taking into account the transitional provisions provided for in Art. 27 of Law No. 426-FZ. The fact is that the special assessment is the “successor” of the one that was in force until 2014. job certifications. Therefore, if the enterprise until 12/31/2013. certification was carried out, then the SOUT can not be carried out within 5 years after it. The transitional period ends on December 31, 2018, by which time all employers must conduct the SOUT according to the new rules.

However, for certain categories of jobs, a special assessment should be carried out as soon as possible, without waiting for the end of the transition period. We are talking about workplaces with harmful and dangerous working conditions. Their categories are listed in paragraph 6 of Art. 10 of Law No. 426-FZ.

In addition, in the cases listed in clause 1, article 17 of Law No. 426-FZ, the assessment of working conditions at the workplace should be carried out outside the plan. First of all, this concerns the emergence of new jobs or significant changes in working conditions in existing places. In addition, an unscheduled SOUT is carried out after an accident, on the basis of an order from the regulatory authorities or at the request of the trade union. The timing of an unscheduled SOUT is from 6 to 12 months, depending on the basis.

The employer selects an organization from the register and concludes an agreement with it for the conduct of the SOUT. The customer is obliged to provide the contractor with all the documents and other information necessary for the work.

First of all, you need to select the workplaces for the assessment and draw up a schedule, taking into account all the features of setting the timing of the SUT, listed in the previous section.

The very special assessment of working conditions consists in identifying and measuring harmful and dangerous production factors. According to its results, each inspected workplace is assigned one of four hazard classes. The choice of class depends on the presence and intensity of the impact on the employee of these negative factors.

The results of the conducted SUT are drawn up in the form of a report, which must be signed by all members of the commission.

Information about the results of the SOUT:

1. Must be communicated to employees and posted on the company's website within 30 days after signing the report (Article 15 of Law No. 426-FZ).
2. It is included in the declaration of compliance with working conditions provided to the Ministry of Labor.
3. It is sent to the subdivision of the FSS of the Russian Federation to make a decision on adjusting insurance rates (for more details, see the next section).
4. Placed in the state information system (Article 18 of Law No. 426-FZ).

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Legal consequences of SOUT

The results of the conducted SAOT affect labor relations with employees and the rates of contributions to non-budgetary funds.

Employees whose jobs are recognized as harmful or dangerous (grades 3-4) are entitled to various guarantees and compensations in accordance with the Labor Code of the Russian Federation and other regulations:

1. Reduced working hours (Article 92 of the Labor Code of the Russian Federation).
2. Increased tariff rates (Articles 146, 147 of the Labor Code of the Russian Federation).
3. Additional holidays (Article 117 of the Labor Code of the Russian Federation).
4. Early retirement (Article 27 of the law of December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation”).
5. Restrictions for women and minors to work in such places (Articles 253, 265 of the Labor Code of the Russian Federation).
6. Regular medical examinations (Article 213 of the Labor Code of the Russian Federation).
7. Provision of personal protective equipment.
8. Issuance of milk and therapeutic and preventive nutrition (Article 222 of the Labor Code of the Russian Federation).

In addition, based on the results of the SOUT, measures are developed and implemented to protect labor and improve its conditions.

The FSS of the Russian Federation can provide a company with discounts (or, on the contrary, surcharges) to the current tariff for insurance against accidents and occupational diseases. The rules for granting discounts (surcharges) were approved by Decree of the Government of the Russian Federation of May 30, 2012 No. 524. The decision of the FSS regarding tariffs depends on the state of labor protection at the enterprise, one of the most important characteristics of which is the result of the SOUT.

Also, the assessment of working conditions also affects the calculation of additional contributions for mandatory pension insurance (Article 428 of the Tax Code of the Russian Federation). Determining specific classes and subclasses of working conditions by workplace makes it possible to charge these contributions more differentiated and, in most cases, to reduce the amount of payments.

Sanctions for violations of the procedure for conducting the SOUT

The Administrative Code provides for sanctions for these violations both for employers and for specialized organizations conducting assessments.

Employers upon the first violation of the legislation on the SAUT receive a warning or are subject to the following penalties (clause 2, article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

1. Officials and individual entrepreneurs - from five thousand to ten thousand rubles.
2. Legal entities - from sixty to eighty thousand rubles.