Is it necessary to conduct a special assessment of jobs? How does a special assessment of working conditions differ from workplace certification? The company is in the process of liquidation, it is necessary to conduct a

From January 1, 2014, instead of workplace certification, a special assessment of working conditions was introduced, which must be carried out in accordance with Federal Law dated December 28, 2013 N 426-FZ. Accordingly, the results of certification of workplaces for working conditions, issued after December 31, 2013, cannot be used (clause 2 of Letter of the Ministry of Labor of Russia dated March 13, 2014 N 17-3 / B-113). Let us remind you that by virtue of Part 12 of Art. 209 of the Labor Code of the Russian Federation in the old version, certification was carried out in the manner approved by Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n (hereinafter referred to as the Certification Procedure). A special assessment of working conditions was previously provided for in Part 4 of Art. 58.3 of Federal Law No. 212-FZ of July 24, 2009 as a basis for exemption from payment of insurance premiums at additional rates. Part 4 art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ lost force on January 1, 2014 (subparagraph “d”, paragraph 4 of Article 13 of the Federal Law of December 28, 2013 N 421-FZ).

By analogy with the results of certification, the results of a special assessment of working conditions are used, in particular, to provide employees with guarantees and compensations provided for by the Labor Code of the Russian Federation, as well as to establish additional tariffs for insurance contributions to the Pension Fund of the Russian Federation, and calculate allowances (discounts) to the tariff of contributions for compulsory social insurance from accidents at work and occupational diseases and justification for financing measures to improve labor safety conditions (Article 7 of the Federal Law of December 28, 2013 N 426-FZ).

A special assessment is carried out in relation to the working conditions of all employees, except for homeworkers, remote workers and those who work for individuals who are not entrepreneurs (Article 3 of the Federal Law of December 28, 2013 N 426-FZ). Special provisions are provided for state civil and municipal employees. Let us recall that in clause 4 of the Certification Procedure other exceptions were established (in particular, certification could not be carried out in relation to workplaces where employees were engaged only in working on personal computers).

The methodology for conducting a special assessment of working conditions (Part 3, Article 8 of Federal Law No. 426-FZ dated December 28, 2013) was approved by Order of the Russian Ministry of Labor No. 33n dated January 24, 2014. It establishes requirements for the procedures implemented within the framework of a special assessment: for the identification of potentially harmful or dangerous production factors, their research and measurement, the assignment of working conditions in the workplace to a certain class (subclass) and the presentation of results (clause 1 of the Methodology).

As a general rule, an assessment of working conditions is carried out at least once every five years, unless there are grounds for an unscheduled assessment (Part 4, Article 8 and 17 of the Federal Law of December 28, 2013 N 426-FZ). Let us note that, in accordance with clause 8 of the Certification Procedure, re-certification may not have been carried out in relation to those workplaces in which the working conditions were considered acceptable or optimal.

A significant innovation is the establishment in Art. 14 of the Federal Law of December 28, 2013 N 426-FZ classification of working conditions. According to the degree of harmfulness and (or) danger, they are divided into four classes: optimal, acceptable, harmful and dangerous (classes 1, 2, 3 and 4, respectively). In turn, harmful conditions can be of four degrees (subclasses). It should be noted that this article explains exactly what working conditions apply to each class (subclass).

According to Part 2 of Art. 8 of the Federal Law of December 28, 2013 N 426-FZ, a special assessment of working conditions is carried out jointly by the employer and a specialized organization that meets the requirements given in Art. 19 of this Law. Part 2 Art. 4 of Federal Law No. 426-FZ of December 28, 2013 establishes the employer’s responsibilities, in particular to ensure that such an assessment is carried out and to provide the specialized organization with the necessary information, documents and information.

Let's pay attention to the following. If certification has been carried out in relation to workplaces, an assessment of working conditions may not be carried out for five years from the date of completion of certification, with the exception of cases of appointment of an unscheduled assessment (Part 4 of Article 27 of the Federal Law of December 28, 2013 N 426-FZ). Other transitional provisions are also provided for legal entities that were accredited as organizations providing workplace certification services before January 1, 2014. Thus, they have the right to conduct a special assessment of working conditions before the expiration of those existing on the day the Federal Law entered into force dated December 28, 2013 N 426-FZ of accreditation certificates for testing laboratories (centers), but no later than December 31, 2018 inclusive (Part 1, Article 27 of the Federal Law dated December 28, 2013 N 426-FZ). The certification results are used to apply an additional tariff for insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions in the workplace. In paragraph 4 of Letter No. 17-3/B-113 dated March 13, 2014, the Russian Ministry of Labor emphasized that this is an obligation, not a right, of the insurance premium payer.

If, as a result of a workplace certification carried out before January 1, 2014, working conditions are recognized as harmful or dangerous, then an additional insurance premium rate established by Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ, in the amount of 2 to 8 percent depending on the subclass of working conditions (Part 5 of Article 15 of the Federal Law of December 28, 2013 N 421-FZ, Letter of the Ministry of Labor of Russia dated April 18, 2014 N 17-3/B-171). In this regard, the Russian Ministry of Labor explained the following: if the taxpayer cannot document the subclass of hazardous working conditions, an additional tariff of 7 percent is applied to the certified workplace, which corresponds to subclass of working conditions 3.4 (clause 2 of the Letter of the Russian Ministry of Labor dated March 26, 2014 N 17-3/10/B-1579).

The Russian Ministry of Labor indicated in clause 3.5 of Letter No. 17-3/B-113 dated March 13, 2014, how insurance premiums are calculated at additional rates if the organization has current certification results for only part of the workplaces. If, according to the results of the certification, the working conditions of the employee engaged in the work specified in sub. 1 - 18 p. 1 tbsp. 27 of the Federal Law of December 17, 2001 N 173-FZ, are recognized as harmful and dangerous, then insurance premiums are charged at additional rates provided for in Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ. If working conditions are recognized as optimal or acceptable or there are no workplace certification results, then insurance premiums are charged at additional rates provided for, respectively, Part 1 or 2 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ.

In addition, in clauses 7 and 8 of this Letter, the Ministry of Labor of Russia answers the question of how to determine the amount of insurance premiums at additional rates when an individual is part-time employed for a month in work under subclause. 1 - 18 p. 1 tbsp. 27 of Law N 173-FZ with different classes (subclasses) of working conditions. In such a situation, insurance premiums are charged for each additional tariff in proportion to the number of days (hours) worked at the relevant workplaces in the total number of days (hours) (taking into account overtime, weekends, and holidays) in a given month. The insurance premiums under consideration are accrued for the entire amount of payments and remunerations that are accrued in favor of a given employee during the month, regardless of for what periods the payments are made.

If specialized organizations accredited to conduct certification of workplaces include testing laboratories (centers), whose accreditation certificates expire in 2014, these companies can conduct assessments without taking into account the requirements regarding the number and composition of experts until December 31, 2014 inclusive (Part 2 of Article 27 of the Federal Law of December 28, 2013 N 426-FZ).

The Code of the Russian Federation on Administrative Offenses has also been supplemented with new norms. Part 2 Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for the liability of the employer for violating the procedure for conducting a special assessment of working conditions at workplaces or for failing to conduct it. In this case, a measure is applied in the form of a warning or a fine (in particular, for legal entities - from 60 to 80 thousand rubles). The responsibility of a specialized organization for violating the procedure for conducting a special assessment of working conditions is established by Art. 14.54 Code of Administrative Offenses of the Russian Federation. The changes made to the Code of the Russian Federation on Administrative Offenses will come into force on January 1, 2015 (Part 2 of Article 15 of the Federal Law of December 28, 2013 N 421-FZ).

In addition, it should be added that the costs of conducting a special assessment of working conditions are not taken into account for the purposes of the simplified tax system (Letter of the Ministry of Finance of Russia dated June 30, 2014 N 03-11-09/31528 (sent by Letter of the Federal Tax Service of Russia dated July 30, 2014 N GD-4-3/ 14877)). The position of the financial department is not indisputable. For more details, see New documents for accountants. Issue dated 08/20/2014.

We also note that these expenses can be reimbursed from contributions for injuries accrued to the Federal Social Insurance Fund of the Russian Federation (clause 3 of the Rules for financial support of preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-resort treatment of workers engaged in work with hazardous and (or) hazardous production factors (approved by Order of the Ministry of Labor of Russia dated December 10, 2012 N 580n as amended by Order of the Ministry of Labor of Russia dated February 20, 2014 N 103n)).

The procedure for carrying out SOUT is enshrined in law and in some parts contains fairly liberal provisions. For example, according to paragraph 6 of Article 27, for some workplaces, a special assessment can be carried out in stages and must be completed by December 31, 2018. However, the courts have an ambiguous approach to the interpretation of this provision and make conflicting decisions (for example, Decrees No. 11-11968/2014 dated November 11, 2014 and No. 33-5865/15 dated February 26, 2015), and fines for failure to carry out this event can be up to 200 000 rubles.

SOUT: timing

A special assessment of working conditions must be carried out for the first time within a period not exceeding 12 months from the date of creation of a new workplace. If the organization has been operating for more than 12 months, and workplace certification (AWC) or a special assessment of working conditions has never been carried out, then a special assessment must be carried out immediately or yesterday.

• safe work of its employees;
• labor protection of its employees;
• informing workers about the conditions in which they work, etc.

• safe working conditions;
• obtaining information about hazardous conditions in your workplace.

That is, the employee has the right to demand from the employer to provide information about the degree of risk to his health, which may be exposed to harmful or hazardous production factors (even sitting in front of a monitor screen). And if the employer does not provide him with such information, the employee has the right to receive this information contact the state supervisory authority for compliance with legislation.

In this case, the employer will face a fine of up to 80,000 rubles and a written order on the need to organize a special assessment. Otherwise, you may face administrative suspension of the enterprise for up to 90 days.

Frequency

The validity period of the special assessment of working conditions is 5 years. The passage of time begins from the date of approval of the assessment report for each individual workplace. The results of this event can be reduced to two options:

• no harmful factors were identified during the procedure;
• harmful factors are identified and classified accordingly.

No harmful factors identified

If during the special assessment no harmful and dangerous production factors are identified, such a workplace is subject to declaration to the territorial body of the federal service for labor and employment for compliance of working conditions with regulatory labor protection requirements.

In this case, if over the next 5 years there is no reason to conduct an unscheduled special assessment in relation to this workplace, then after this period there is no need to carry out a second assessment, the validity of the declaration is considered automatically extended.

And the law does not say in what time frame the SOUT needs to be done in the future (if it needs to be done at all).

Harmful factors identified and classified

In this case, the validity period of the special assessment of working conditions is 5 years. Moreover, this does not mean that five years have passed and we need to start organizing a new special assessment. By the end of the five-year period, the employer must have ready-made certification results, that is, no interruption is allowed.

Workplace certification

ARM is essentially the same as a special assessment, only with a different name. Therefore, if the employer carried out an automated work procedure before 01/01/2014, then the current legislation allows him not to organize or carry out any additional activities for the entire period of validity of the special assessment system until the date of expiration of the results of this certification, of course, unless there are grounds for conducting an unscheduled special assessment.

Timing of unscheduled SOUT

If circumstances arise for conducting an unscheduled special assessment, the legislation provides for two time periods - 6 and 12 months, depending on the reason.

6 months

A special assessment of working conditions must be carried out within the specified time if:

• the employer received an order to conduct an unscheduled special assessment;
• in production they begin to use new materials or raw materials that can harm the health of the employee;
• new means of individual and collective protection are being introduced (the class of hazards can be reduced, and, accordingly, payments for hazards can be reduced);
• an accident occurred (except for an industrial accident caused by third parties);
• the medical commission has established the fact of an occupational disease;
• A letter was received from the trade union about the need to conduct an unscheduled special assessment.

12 months

The SOUT must be carried out within the specified time if:

• new jobs are being put into operation;
• technological processes and production equipment change, which can influence the level of exposure to harmful or dangerous production factors.

Timing of activities based on the results of the SOUT

From the date of approval of the report on the results of the special assessment work, the employer is obliged to:

• within 3 working days, notify the organization that carried out the special assessment of the approval;
• no later than 30 calendar days, against signature, familiarize employees with the results of the special assessment;
• no later than 30 calendar days, if there is a website on the Internet, post information about the results of the special labor safety assessment and the list of measures to improve labor safety conditions.

Shelf life of materials for special assessment of working conditions

Deadline for compiling a report on SOUT

It is established by order of the employer when organizing this event at the stage of forming the commission.

Shelf life of SOUT materials

It is 45 years, however, if, as a result of the special assessment and control system, harmful or dangerous production factors are identified and working conditions are appropriately classified according to harmfulness and danger, such materials must be stored for 75 years.

Validity period of SOUT materials

The materials based on the results of the special assessment are valid for the entire period of establishment of the corresponding hazard class or the validity period of the declaration of compliance of working conditions with state regulatory labor protection requirements.

The special assessment will not take place without two important documents - an order to create a commission and a schedule of activities. We’ll tell you what the schedule for conducting a special assessment of working conditions should look like (sample), and where to start preparing for the Special Labor Conditions.

From the article you will learn:

Download documents on the topic:

Despite certain similarities with the certification procedure, the special assessment is carried out and formalized according to different rules. For example, certification was not carried out in relation to jobs associated exclusively with work on personal computers, since this type of production activity was considered safe for health. But by now, the previous standards have been revised, and now even comfortable office workplaces are subject to special assessment.

The methodology for conducting SOUT was approved by order of the Ministry of Labor of Russia No. 33n dated January 24, 2014. The document contains detailed requirements for all stages of the procedure:

• identification of potentially harmful or dangerous production factors;
• research and measurement of all identified factors;
• attribution working conditions at the workplace to one of the classes (subclasses);
• registration of the obtained results.

Timing of SOUT

In general cases, a special assessment is carried out once every five years (in contrast to certification, which could not be repeated at all workplaces with optimal or acceptable working conditions). The starting point in this case is the date of approval of the previous report on the implementation of special assessment and assessment (Clause 4, Article 8 of Federal Law No. 426-FZ).

If an organization carried out workplace certification several years ago, it may not be necessary to carry out the assessment until the validity period of its results expires. A special assessment of the jobs of employees not engaged in hazardous production activities is carried out in stages until December 31, 2018.

Important: in newly established organizations, a special assessment of jobs based on working conditions must be carried out within 12 places from the moment of their creation.

General procedure for registration of SOUT

All hassles and expenses associated with organizing, paying and processing the results of a special assessment fall on the employer, who must:

• create a special commission;
• approve a schedule for conducting a special assessment of working conditions (a sample can be found and downloaded online);
• select a contractor from a list of accredited companies;
• make a list of jobs to be assessed;
• receive and certify the contractor’s report;
• familiarize each employee with the results of a special assessment of his workplace;
• prepare a declaration on the availability of jobs that meet established standards (with optimal and acceptable working conditions).

Refusal of SOUT or violation of the procedure for its implementation is a serious offense for which the employer faces a fine (from 60,000 to 80,000 rubles). The performer who committed the violation bears administrative responsibility in the manner prescribed by Article 14.54 of the Code of Administrative Offenses of the Russian Federation. We recommend reading the article “When employers can "to find out what types of penalties apply to officials and legal entities.

Important: Only accredited and certified companies listed on the official website of the Russian Ministry of Labor have the right to conduct a special assessment of workplaces based on working conditions.

Part of the funds spent on organizing special labor safety measures and other labor protection measures can be reimbursed from the budget of the Federal Social Insurance Fund of Russia through contributions for insurance against industrial injuries. For more information about the costs of ensuring industrial safety, read the article “How to determine and process " The expert will tell you how to correctly plan the actual costs of labor protection, what part of these funds can be reimbursed by the Social Insurance Fund, and also in what time frame it is necessary to submit documents for reimbursement.

Order to conduct a special assessment of working conditions

The first step is to create a commission that will monitor the progress of the special assessment and process the results obtained. The employer issues an order appointing members of the commission and a chairman, whose functions are often performed by the director of the company himself or his representative. There are no restrictions on the number of participants.

The commission must include a labor protection specialist. If there is a trade union at the enterprise, its representatives must also participate in the work of the commission. We recommend that you read the article “ "to know in what situations the employer is obliged to listen to the recommendations of the trade union committee, and what powers must be granted to its representatives.

The order also prescribes the main functions and tasks of the commission: approval of the SOUT schedule, drawing up a list of jobs to be assessed, etc. It is advisable to indicate specific deadlines for preparing documents.

To ensure that preparation for a special assessment takes a minimum of time, it is also advisable to develop a separate regulation on the special assessment system in the organization - an internal instruction that establishes a uniform procedure for the commission, the rights and responsibilities of responsible officials, the stages of carrying out activities and requirements for external performers. You can attach application documents to the “Regulations” (explanations of terms used by experts and the employer, a table of classes and subclasses of jobs according to working conditions, ready-made templates of orders and schedules).

SOUT schedule: sample

A schedule or step-by-step plan for conducting a special assessment of working conditions (a sample document can be found online or developed independently) is drawn up as a separate document or an appendix to the order. Since preparatory activities require a lot of time, it is recommended to draw up a schedule “with a reserve” so that later you can keep up with the planned schedule and have time to eliminate all identified violations in a timely manner.

There is no single regulatory document that would establish the timing of individual stages of the special assessment and assessment process. Consequently, when drawing up a schedule, you will have to take into account the specifics of a particular production: the total number of jobs, working conditions, shifts, operating hours of the enterprise, etc. The schedule reflects all procedures carried out within the framework of special assessments, indicating the period allotted for their implementation, for example:

• creation of a commission - 2 days;
• compiling a list of jobs and hours of employment - 10 days;
• approval and implementation of the SOUT schedule - 2 days;
• preparation of technical documentation for experts and explanatory work with local personnel - 10 days;
• selection of an accredited contractor, conclusion of an agreement - 20 days;
• identification of harmful and dangerous production factors - 30 days;
• laboratory and instrumental measurements - 20 days;
• preparation of an expert report - 30 days;
• familiarization of the commission with the report - 10 days;
• approval of the report and signing of the acceptance certificate for expert work - 5 days;
• assignment of benefits and compensation, entering into employment contracts information about working conditions at workplaces indicating the class (subclass) - 1 day from the date of approval of the report;
• familiarization of personnel with the results of the special assessment system - 10 days from the date of approval of the report;
• filing a declaration for workplaces without harmful production factors, as well as with optimal and acceptable working conditions - 10 days from the date of approval of the report.

The list of items to be included in the schedule is far from exhaustive. For example, if a company has a corporate portal, posting information on the results of the SOUT on it is included in the action plan.

Important: the report on the results of the SOUT is drawn up on the form from the order of the Ministry of Labor of Russia No. 33n dated January 24, 2014, and the declaration of compliance of workplaces with established standards is drawn up on the form from the order of the Ministry of Labor of Russia No. 80n dated February 7, 2014.

Unscheduled special assessment

Cases requiring an unscheduled special assessment are listed in Article 17 of Federal Law No. 426-FZ. The employer is obliged to carry out the procedure again without waiting for the expiration of the five-year period if:

• receives a corresponding order from the GIT inspector;
• introduces new jobs;
• changes the composition of raw materials, equipment, production technology or personal or collective protective equipment used (only if the changes can reduce or increase the degree of exposure to harmful or dangerous production factors);

Start and end dates of unscheduled special assessments determined by the reason for its implementation. If we are talking about creating new jobs or changing the technological process, 12 months are given to implement the necessary measures. In all other cases, you will have to do it within a shorter period of time - up to 6 months.



Important: if the employer does not agree with the results of the SOUT, he can always appeal them in the manner established by Order of the Ministry of Labor of Russia No. 709n dated December 5, 2016. A complaint sent to Rostrud is considered within 30 days (in rare cases, the consideration period is extended by another 20 days).

02.10.18 90 191 2

Amazing business adventures with hired workers

By December 31, 2018, everyone who has employees must conduct a special workplace assessment.

Natalia Chelovan

made a special assessment

This article is for small businesses and individual entrepreneurs, because large ones themselves know everything.

In fact, it is not enough to carry out a special assessment - you also need to fill out a declaration and submit it to the labor inspectorate. And this is where the nuances begin.

This spring I conducted a special appraisal at a small real estate agency. I needed to evaluate four office locations located in the center of St. Petersburg; I had some time to spare. As a result, I paid 6,000 RUR for the assessment of four jobs and was satisfied. I'll tell you in order.

What is a special assessment of working conditions

SOUT is an assessment of workplaces: experts identify harmful production factors and assess how well production indicators comply with standards.

There is a law according to which organizations with employees must conduct a special assessment of jobs, abbreviated as SOUT. Based on its results, the class of working conditions is determined. Depending on the class, fees are calculated, special clothing is purchased, or, for example, additional lamps are installed.

The assessment is carried out by specialized firms. An expert from such a company comes to the office or production site, checks everything, and then writes a report. Based on this report, you fill out and submit a declaration to the labor inspectorate.

When conducting a special assessment, harmful factors are assessed, not aesthetics. An expert will pay attention to noise, dust or lack of light, but not to the color of the walls or the quality of door fittings. They can also measure the severity of labor, chemical and biological factors. But this usually applies to complex manufacturing enterprises.

Any business that employs employees should evaluate jobs. All places where people work are subject to assessment: in the office, in the kitchen in a cafe, in a sewing workshop and in furniture production.

Are they strangling businesses with inspections again?

A special assessment of working conditions is, frankly, a headache. A lot of fuss, paperwork and formalities.

But it also has a meaning: SOUT helps make sure that employees work in normal conditions, they have something to breathe, radioactive lime does not fall on them, and their eyes do not leak due to the darkness in the office.

Who should not conduct a working conditions assessment?

Companies without employees. Let's say the only employee in a company is the CEO. He works from home because there is no office space. Then there is no subject of assessment, which means it is not needed.

If the individual entrepreneur does not have employees, then there is no need to evaluate anything either.

Companies without jobs- all employees are remote. There is no need to evaluate the jobs of remote and home-based workers: if, for example, a designer or seamstress works from home and this is stated in their employment contract, there is no need to conduct an evaluation. There is no need to evaluate vacant positions - this is when there is a place, but no one is working in it.

Ordinary people. The procedure does not apply to individuals: if you have a private chef or personal assistant whom you pay as an individual, then you do not need to carry out the procedure either.

Nuances

Sometimes a special assessment is needed, but a declaration is not needed: this mainly applies to all kinds of industries, cafes and restaurants. Or any business where harmful or dangerous factors are discovered - here you need to act differently, but this is a topic for a separate article.

When to conduct a special assessment

Before December 31, 2018, a special assessment must be carried out, and then within 30 working days from the date of approval of the report, a declaration under the SOUT must be completed and submitted.

If you approve the SOUT report on December 31, then the declaration will need to be submitted by February 19, 2019.

Without special assessment - fine up to 200,000 RUR

For those who do not want to make a special assessment, there are fines. First time:

• the general director or individual entrepreneur will pay from 5,000 to 10,000 RUR;
• legal entity - from 60,000 to 80,000 RUR.

Repeated violation (failure to conduct a special assessment of working conditions) will cost:

• for the general director - a fine from 30,000 to 40,000 R or disqualification (ban) from leading for a period of 1 to 3 years;
• a legal entity will have to respond with an amount from 100,000 to 200,000 R or suspension of activities for a maximum of 90 days;
• The individual entrepreneur will pay a fine as a general director - up to 40,000 RUR, but his activities will be suspended as a company.

How to assess working conditions

For myself, I divided the whole process into three steps:

1. Preparation - selection of performer, collection of documents.
2. Conducting - research and obtaining documents from the organization.
3. Filing reports - filling out declarations, notifying employees.

Let's take a closer look at each of the steps.

Select a contractor, issue an order and approve the list of places

Jobs are assessed by special people who have the equipment and knowledge to do this. An entrepreneur cannot carry it out for himself. The performer must have accreditation - it can be checked on the Ministry of Labor website.

Here - in the section “Register of experts from organizations conducting a special assessment of working conditions” - you can check the certification of the expert who will conduct the special assessment of working conditions.

1. The total number of seats - the fewer, the more expensive.
2. Office location - going to the industrial zone on the outskirts of the city will be more expensive.
3. The complexity of the assessment - if you are assessing not an office, but, for example, a clothing production, then additional measurements of noise and severity of the labor process will be required, this will be more expensive.
4. Urgency.

I called a dozen companies, chose three with a normal price for me, checked that they were accredited, and then remembered which of the three companies spoke to me friendlier on the phone. I entered into a standard contract with this company.



In parallel with the conclusion of the contract, it is necessary to create a commission to conduct a special assessment of working conditions. It sounds loud, but in fact you need to draw up and sign an order with the general director, which lists the composition of the commission of company employees.




Before the start of the procedure, you need to draw up and sign with the commission a list of places that are subject to assessment, and draw up a schedule for carrying out the assessment. The schedule does not have any set form; you draw it up like all other internal documents.

Neither the order, nor the schedule, nor the list of places need to be submitted anywhere. They are kept along with other documents in a thick folder by the accountant. This is what these documents look like for me.











I personally compiled the order, schedule and list, as an example. The design may differ from yours. It is not regulated in any way, but the documents themselves must be there for order.

Obtaining a conclusion

When assessing jobs, there are two stages: identification, and then measurements and research.

Identification. First, the expert inspected the premises, talked with the employees and their immediate supervisor: for example, asked how much time they spent at the computer. The challenge was to understand what the workflow was and what measurements or studies would be required.

You agree on the time in advance - it is important that the employees are at their workplaces and that the commission members specified in the order are present. The expert will need to show:

1. A list of jobs and the jobs themselves.
2. Employee working hours.
3. Equipment on which employees work.

After the inspection, the expert said that one factor would be measured - illumination. The commission agreed and we set a date for a new meeting.

Measurements and research. An expert comes and takes measurements at the workplace. In our office, it was necessary to measure the “parameters of the light environment”: whether there is enough light in the room to work at a computer. For the study, the expert brought a light meter and measured the level of artificial lighting.

The expert described the results in a measurement report and set a class for working conditions. In total, there are 4 classes of working conditions:

1. Optimal (grade 1).
2. Acceptable (grade 2).
3. Harmful (class 3), there are also subclasses.
4. Dangerous (grade 4).

The class affects the level of guarantees and compensation provided to workers engaged in production with harmful factors. Our office has been assigned class 2 - these are acceptable working conditions.

The expert enters the class of working conditions into the map and then makes a report. The deadline for preparing the report is specified in the contract. In my case, the contract specified 30 calendar days after receipt of our payment, and I received the documents exactly on time.

The report should include:

1. Information about the organization that evaluates workplaces, copies of the accreditation certificate and the scope of accreditation.
2. A list of workplaces where the assessment was carried out, listing the harmful factors detected.
3. Research and measurement protocols.
4. Special Assessment Cards.
5. Summary statement of the results of special labor conditions and a summary table of classes of working conditions.
6. A list of recommended measures to improve conditions, if necessary.
7. Expert opinion.

The report must be approved and signed by the chairman and members of the commission.











We report, fill out and submit the declaration

The expert gives you a report for approval, and you sign it. In our case, we received the conclusion on May 15, and on May 16 it was signed by the general director. Within three working days of approval, you must notify the organization that assessed the jobs by any means available. We sent a scan of the signed report cover page by email.

After this, the organization conducting the SOUT sends a special assessment report to FSIS (Federal State System for recording the results of the SOUT). All these actions take place during the term of the contract.

For places where nothing harmful or dangerous was found, a declaration of conformity is submitted. There are exceptions, for example for medical and teaching workers; see the list of exceptions in paragraph 6 of Art. 10 of Law 426-FZ. The employer is required to file the declaration. The submission deadline is 30 working days from the date of approval of the report.

You need to submit to Rostrud:

1. personally;
2. by mail by a valuable letter with a list of the contents and a delivery notification;
3. If you have a qualified electronic signature, you can fill out the declaration directly on the Rostrud website.

The validity period of the SOUT declaration is 5 years. We count from the date of approval of the assessment report. In most cases, this period will be automatically extended for another 5 years. But the assessment will need to be re-assessed if:

1. the employee suffered an accident at work;
2. the employee was diagnosed with a disease that appeared due to harmful or dangerous factors at work;
3. During an inspection, the labor inspectorate revealed violations of labor safety standards.

In these cases, in addition to the termination of the declaration of conformity, an unscheduled special assessment of working conditions will have to be carried out. An unscheduled special assessment will also be required if new jobs have appeared or the office has changed.




What else needs to be done

By law, the employer is obliged to familiarize employees, against signature, with the results of a special assessment at their workplace. The employee will sign the SOUT card. Duration - 30 calendar days from the date of approval of the report.

An additional agreement must be concluded with employment contracts, which will indicate the class of working conditions in the workplace. I composed it like this:




If the organization has an official website, then it also needs to post information about working conditions. This must be done within 30 calendar days after signing the report. But there is a nuance here: there is no definition of “official website” in the legislation - in fact, no one knows whether it is necessary to add information about SOUT to your business card website. But add it just in case.

Documents for special assessment

1. Order on the creation of a commission for SOUT, schedule.
2. Agreement with a specialized organization.
3. Staffing schedule and working hours of employees.
4. List of places to evaluate.
5. Special assessment report.
6. Declaration to Rostrud.
7. Additional agreement to the employment contract.
8. Table 5 in report 4-FSS.
votes: 82

Since 2014, instead of workplace certification, a special assessment of working conditions should be carried out.

Also, the results of the special assessment are used to organize medical examinations, to develop measures to improve working conditions and for other purposes. A complete list of such purposes is given in Article 7 of Law No. 426-FZ.

If the last workplace certification was carried out less than five years ago, then its results are equivalent to the results of a special assessment. After the expiration of a five-year period from the date of completion of the last certification, its results are canceled and the employer must conduct a special assessment of working conditions.

What are the consequences of refusing a special assessment?

If a special assessment of working conditions has not been carried out, the employer may be held administratively liable.

Now sanctions for this offense are provided for in Article 5.27 of the Code of Administrative Offenses of the Russian Federation. The fine is for officials from 1,000 to 5,000 rubles, and for legal entities - from 30,000 to 40,000 rubles. Another possible punishment option is suspension of activities for up to ninety days.

Starting from 2015, in case of refusal of a special assessment, inspectors will begin to apply a new norm, namely, Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. The fine will be for officials and individual entrepreneurs from 5,000 to 10,000 rubles, and for legal entities - from 60,000 to 80,000 rubles. There is also a milder punishment option - a warning. If the violation is committed again, the amount of the sanction will increase and will be from 30,000 to 40,000 rubles for officials and individual entrepreneurs, and from 100,000 rubles for legal entities. up to 200,000 rub. Instead of a fine, repeat offenders will be disqualified for a period of one to three years, and the activities of individual entrepreneurs and organizations will be suspended for up to ninety days.

If an accident occurs at the enterprise, then the absence of special assessment results can serve as evidence of the employer’s guilt. And if guilt is proven, the manager will be prosecuted under Article 143 of the Criminal Code of the Russian Federation. This article implies a fine of up to 400,000 rubles. or in the amount of wages or other income for a period of up to eighteen months. There is another punishment option - correctional labor for up to two years, or forced labor for up to one year, or imprisonment for up to one year. In the event of the death of an employee, the manager may be imprisoned or sent to forced labor for up to four years. And in the event of the death of two or more employees, the manager faces imprisonment or forced labor for up to five years.