Special assessment of working conditions is... Special assessment of working conditions: mistakes of employers Information about the special assessment of working conditions

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

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

On January 1, 2014, federal law dated December 26, 2013 No. 426-FZ “On special assessment working conditions" (hereinafter - the Law), which introduced a new procedure - a special assessment of working conditions (SOUT). It replaced workplace certification.

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

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

• determines classes (subclasses) of working conditions;
• provides workers with personal and collective protective equipment;
• establishes guarantees and compensation for employees provided for by law;
• organizes preliminary and periodic medical examinations;
• establishes an additional tariff for contributions to the Pension Fund;
• calculates a discount (surcharge) to the insurance premium rate for injuries;
• prepares statistical reports on working conditions.

SOUT is required, but not for everyone

Every employer must conduct a special assessment, regardless of ownership.

The following categories of employees are excluded:

• homeworkers;
• teleworkers;
• employees who joined labor relations with employers - individuals who are not individual entrepreneurs.

The employer must organize and pay for a special assessment (Part 1, Article 8 of the Law). In this case, the assessment is carried out by him jointly with a specialized organization involved on the basis of a civil contract (Part 2 of Article 8 of the Law).

In order to understand when it is necessary to carry out a planned special assessment, let us refer to the diagram:

Deadlines for conducting a planned special assessment of jobs created before 01/01/2014

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

Situation: Potentially hazardous working conditions

For potentially harmful/dangerous working conditions, the Law does not clearly stipulate the deadline for conducting a planned special assessment. But nevertheless, for these categories of workplaces, an assessment of working conditions should be carried out as soon as possible. (end of box)

Off-plan assessment

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

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

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

SOUT Commission

Conducting an SOUT begins with the convening of a commission with an odd number of members. It is initiated by an order from the head of the organization. The commission includes a labor protection specialist or a specialist engaged by the employer under a civil contract to carry out the functions of the labor protection service (labor safety specialist), as well as a representative of the trade union, if there is one. In the same order, the head must indicate who will head the commission - himself or a person appointed by him.

Important: Similar jobs

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

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

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

Is it always necessary to involve a specialized organization?

At the same time, the company is obliged to select and enter into an agreement with a specialized organization to conduct SOUT.

At the next stage, a specialized organization comes into play. Its task is to identify harmful or dangerous labor factors. Simply put, decide whether his work can harm a person’s health, and if so, then in what way. Harmful factors are listed in the Classifier approved by Order of the Ministry of Labor N 33n dated January 24, 2014.

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

• workplaces of employees whose professions, positions or specialties are included in the lists for early assignment of old-age labor pension;
• workplaces where employees, in accordance with the law, are provided with guarantees and compensation for working under harmful and (or) dangerous working conditions;
• workplaces where, based on the results of previously conducted certification or special assessment, harmful and (or) hazardous conditions labor.

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

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

If harmful and (or) dangerous production factors are not detected in the workplace, then further research is not carried out (Part 4 of Article 10 of the Law).

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

Situation: Harmful or dangerous production factors have been identified

If harmful/dangerous production factors are identified, the commission decides to conduct research and measurements of these factors (Part 5 of Article 10 of the Law). Having finished measuring harmful factors, the expert organization and the commission of the audited company draw up a report on the results of the special assessment. It is signed by all members of the commission and approved by its chairman. The report form is in Order of the Ministry of Labor No. 33n dated January 24, 2014. Assessment cards for each workplace that have undergone the procedure are attached to it. As a result, working conditions are divided into classes and subclasses according to the degree of harmfulness, workers receive certain guarantees and compensation, and an additional rate of contributions to the Pension Fund is determined.

Characteristics of working conditions

Class	Subclass	Working conditions	Additional tariff amount	Characteristics of the class (subclass)
		Optimal		There are no harmful (dangerous) factors or do not exceed the norms.
		Acceptable		Harmful (dangerous) factors do not exceed the norms; The employee’s functional state is restored during the inter-shift rest period.
		1st degree		After exposure to harmful (dangerous) factors, the state of the employee’s body is restored over a longer period of time than rest between shifts; the risk of health damage increases.
		2 degrees		Harmful (dangerous) factors can cause the appearance and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of ability to work) that occur after prolonged exposure (15 years or more).
		3 degrees		Harmful (dangerous) factors can cause the emergence and development of occupational diseases of mild and moderate severity in an employee (with loss of professional ability to work) during the period of work.
		4 degrees		Harmful (dangerous) factors can lead to the emergence and development of severe forms of occupational diseases in an employee (with loss of general ability to work) during the period of work.
				Harmful (dangerous) factors affecting an employee during the entire working day (shift) or part of it can create a threat to his life, and their consequences cause a high risk of developing an acute occupational disease during the period of work.

The assessment has been completed, what next?

But the employer’s responsibilities do not end there. He must familiarize employees, against signature, with the results of the assessment carried out at their workplaces within 30 calendar days from the date of approval of the above report (Part 2 of Article 5 and Part 5 of Article 15 of the Law).

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

Important: update the information on the site

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

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

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

Information about the results of the special assessment must also be reflected in Table 10 of Form 4-FSS.

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

The specialized organization is obliged to transfer the results of the assessment to the Federal State information system taking into account the results of a special assessment of working conditions (Part 1 of Article 18 of the Law).

Administrative liability is provided for violation of the procedure for conducting or for failure to carry out special assessment procedures; its amount is indicated in the table.

Responsibility for violations of special assessment rules

Norm of the Code of Administrative Offenses of the Russian Federation	Offense	Responsibility
		officials		organizations
Part 2 Art. 5.27.1	Violation by employer established order conducting a special assessment of working conditions at workplaces or not conducting it	Warning or 5,000 - 10,000 rubles.		Warning or 60,000 - 80,000 rub.
Part 5 Art. 5.27.1	Committing an offense under Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, by a person previously subjected to administrative punishment for a similar offense	30,000 - 40,000 rub. or disqualification for 1 - 3 years	30,000 - 40,000 rub. or suspension of activities for up to 90 days	100,000 - 200,000 rub. or suspension of activities for up to 90 days
Part 1 Art. 14.54	Violation of the procedure for conducting it by the organization that conducted the special assessment of working conditions	20,000 - 30,000 rub.	No	70,000 - 100,000 rub.
Part 2 Art. 14.54	Committing an offense under Part 1 of Art. 14.54 of the Code of Administrative Offenses of the Russian Federation, by a person previously subjected to administrative punishment for a similar offense	40,000 - 50,000 or disqualification for 1 - 3 years		100,000 - 200,000 or suspension of activities for up to 90 days

The following actions/inactions of the employer may be considered a violation of the procedure for carrying out special assessment work:

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

• without involving a specialized organization;
• without forming a commission to conduct it;
• not in all workplaces.

From the article you will learn:

1. How to prepare and document a special assessment of working conditions.

2. What are the stages of the process of conducting a special assessment of working conditions, what are the functions of the employer in this process.

3. How the results of a special assessment of working conditions are compiled and where they should be reflected.

4. What legislative and regulatory acts should be followed when conducting a special assessment of working conditions.

According to paragraph 3 of Art. 9 of Law No. 426-FZ, the commission for conducting a special assessment of working conditions must also include a labor protection specialist. However, not every employer has such a specialist, so what to do in this case? In accordance with the Labor Code of the Russian Federation (Article 217), if the employer carries out production activities and the number of employees exceeds 50 people, then it must organize an occupational safety service or assign an occupational safety specialist. If the number of employees does not exceed 50 people and in the absence of a separate service or specialist, the employer (individual entrepreneur or head of an organization) can assume the functions of labor protection, or transfer these functions to another employee, a third-party specialist or organization engaged under a civil contract. of a legal nature and providing labor protection services. Thus, in some cases, it is permissible to assign labor protection responsibilities directly to the manager (individual entrepreneur), however, regardless of who is appointed responsible, labor protection documents must be available and properly executed.

! Please note: Before conducting a special assessment of working conditions, you should put in order the documentation on labor protection (a log of fire safety briefings, etc.) since representatives of a specialized organization conducting a special assessment of working conditions may request these documents. I consider it inappropriate to describe in detail the entire composition of the documents and the procedure for filling them out in this article; if necessary, you can find the relevant orders and recommendations of the Russian Ministry of Labor (for example, “ Methodical recommendations on the development of labor protection instructions" dated May 13, 2004). However, at a minimum, an order is required to appoint a person responsible for labor protection; as we found out, this could be a full-time specialist or labor protection service, an involved specialist or organization, or the manager himself (individual entrepreneur).

2. Identification of jobs subject to special assessment.

The commission determines the list of workplaces in respect of which a special assessment of working conditions will be carried out, and also identifies similar workplaces. If there are similar workplaces, a special assessment is carried out in relation to 20 percent of such workplaces (but not less than two), and the results are applied to all similar workplaces.

Similar workplaces are workplaces that are located in the same type of production premises, equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, in which workers work in the same profession, position, specialty, perform the same labor functions in the same working hours when conducting the same type of technological process using the same production equipment, tools, fixtures, materials and raw materials and are provided with the same personal protective equipment (Clause 6. Article 9 of Law No. 426-FZ). For example, if two accountants work in the same office under the same conditions, then these places are considered similar. However, if a lawyer works in the same office under exactly the same conditions, then workplace a lawyer is not similar to an accountant's workplace, since they have different positions.

! Please note: Before concluding an agreement with an organization conducting a special assessment of working conditions, it is necessary to check staffing table and others personnel documents(employment contracts, job descriptions etc.). The fact is that a special assessment is carried out in relation to the employer’s workplaces, the number and composition of which are determined precisely according to the staffing table. First of all, the specialized organization will request a staffing table and, in accordance with it, will determine the composition of jobs to be inspected, and, accordingly, the cost of its services. That is, it is in the interests of the employer that the staffing table (its latest edition) is up-to-date, so that there are no “extra” positions in it (which, for example, existed previously, but were then abolished or renamed, etc.). But at the same time, if you plan to create new jobs in the near future ( new department, new positions), then it is advisable to create and introduce them before conducting a special assessment of working conditions, since if this is done later, there will be a need to conduct an unscheduled special assessment of working conditions (Article 17 of Law No. 426-FZ).

3. Concluding an agreement with a specialized organization to conduct a special assessment of working conditions.

Please note: a specialized organization must meet certain requirements established by law (Article 19 of Law No. 426-FZ).

4. Identification by a specialized organization of potentially harmful and (or) dangerous production factors and their measurement (if such factors are identified).

5. Declaration of compliance of working conditions with state regulatory requirements for labor protection.

In relation to workplaces where hazardous factors have not been identified, the employer submits a labor inspection Declaration of compliance of working conditions with state regulatory requirements for labor protection.

The form and procedure for submitting the declaration are established by Order of the Ministry of Labor of Russia dated 02/07/2014 No. 80n “On the form and procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection, the Procedure for forming and maintaining a register of declarations of compliance of working conditions with state regulatory requirements for labor protection.”

! Please note The declaration of conformity with working conditions is valid for five years. After this period, if there are no industrial accidents during the period of validity of the declaration (except for those occurring due to the fault of third parties) or identification occupational diseases, the cause of which was the impact on the employee harmful factors, the validity of this declaration is extended for the next five years.

6. Distribution of jobs by classes and subclasses of hazard.

In relation to workplaces for which hazardous factors have been identified, a specialized organization conducting a special assessment assigns them to the appropriate classes and subclasses of hazard (harmfulness). The characteristics of hazard classes and subclasses are given in Art. 14 of Law No. 426-FZ. It is precisely on the basis of this information that the additional tariffs insurance contributions to the Pension Fund.

7. Report preparation.

Based on the results of a special assessment of working conditions, a specialized organization draws up a report on its conduct and transmits the report to representatives of the employer.

The information that must be reflected in the report is listed in paragraph 1 of Art. 15 of Law No. 426-FZ. The report is signed by all members of the employer's commission and approved by the chairman of the commission. In addition, within thirty days from the date of approval of the report, it is necessary to familiarize all employees with the results of the special assessment of working conditions, and also post the summary results of the special assessment on the employer’s website, if available (clauses 5, 6 of Article 15 of Law No. 426-FZ) .

! Please note: the fact of a special assessment of working conditions, as well as its results, must be reflected in the 4-FSS report in Table 10 (you can download the report form and filling out procedure, and read about the changes in the 4-FSS form since 2014).

So, we have considered the procedure for conducting a special assessment of working conditions. Now, I hope, you have a clear idea of ​​how a special assessment is carried out, what to pay special attention to when preparing for it and directly during the process. Well, in the next article we will look into perhaps the most pressing issue for an accountant related to a special assessment of working conditions - how to take into account the costs of its implementation.

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Legislative and regulatory acts

1. Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions”

2. Labor Code of the Russian Federation

3. Order of the Ministry of Labor of Russia dated 02/07/2014 No. 80n “On the form and procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection, the Procedure for forming and maintaining a register of declarations of compliance of working conditions with state regulatory requirements for labor protection”

Find out how to read the official texts of these documents in the section

A special assessment of working conditions is a set of measures to detect potentially harmful or dangerous factors in the working environment and labor process, as well as assessing the level of their impact on workers. The special assessment replaced the previously existing workplace certification.

Ensuring safe working conditions for the employee is one of the main responsibilities of the employer, and it is provided for in Article 212 of the Labor Code of the Russian Federation. The rates of insurance premiums for employees depend on the category to which workplaces will be classified based on the results of a special assessment. The higher the risk of occupational diseases or injuries at work, the greater the amount the employer will have to pay.

Additionally, based on the results of the special assessment:

• workers are provided, if necessary, with special clothing and personal and collective protective equipment;
• free therapeutic and preventive nutrition for workers is provided;
• preliminary and periodic medical examinations are carried out;
• are introduced additional guarantees and compensation for workers employed in dangerous and harmful working conditions.

Legislation governing special assessment of working conditions

In addition to Article 212 of the Labor Code of the Russian Federation, which specifies the obligation of employers to conduct a special assessment, the federal law of December 28, 2013 No. 426-FZ “On special assessment of working conditions” is in force. The assessment methodology itself was approved by Order of the Ministry of Labor dated January 24, 2014 No. 33n.

There are also many additional legal acts:

• intersectoral and sectoral rules on labor protection;
• state sanitary and epidemiological rules and regulations;
• occupational safety standards;
• standard labor protection instructions for certain species activities (for example, electricians, gas-electric welders, milling operators, etc.)

Responsibility for failure to conduct or violation of the conditions of a special assessment may be administrative under Art. 5.27.1 Code of Administrative Offenses of the Russian Federation (fine for individual entrepreneurs from 5 to 10 thousand rubles, for organizations from 60 to 80 thousand rubles) and criminal under Art. 143 of the Criminal Code of the Russian Federation (if this resulted in serious harm to health or death of the employee).

What jobs need to be assessed?

A special assessment of working conditions does not need to be carried out only in relation to homeworkers and remote workers, all other workplaces must be assessed for their safety and compliance with labor protection standards. Compared to workplace certification, which was in force until January 1, 2014, special assessment is a more global and large-scale phenomenon and affects all employers, regardless of their legal form and number of employees.

It is also necessary to evaluate the working conditions of workers who have a traveling nature of work (drivers, couriers, sales representatives, agents, etc.) or do not have a fixed workplace (security guards). You will have to make sure that working conditions are safe even for the director whose workplace is located at his home address, if the LLC is registered at this address. But an individual entrepreneur should not conduct a special assessment of himself.

Please note: if your employees provide services, then a special assessment of the working conditions of their workplaces is not carried out, because in fact, they are not workers, but only performers. Labor legislation does not apply to them.

The cost of assessing one workplace by a specialized organization starts from 1,500 rubles, therefore, the more workplaces are created, the more expensive it will cost the employer. True, there is an opportunity to save on the services of appraisers if several jobs are found to be similar.

This means that:

• workplaces are located in the same type of production premises;
• the premises are equipped with the same ventilation, air conditioning, heating, and lighting systems;
• employees work in the same profession, position, specialty;
• labor functions, working hours, process are of the same type;
• the same equipment, tools, raw materials and materials are used in the work;
• workers are provided with the same personal protective equipment.

For such jobs, it is enough to evaluate only 20% of their number, but not less than two.

Commission for conducting a special assessment of jobs

The employer must organize a special assessment of working conditions, as well as bear the financial costs for it. The special assessment itself is carried out by independent accredited organizations, but before inviting appraisers, the employer must create its own commission. The number of members of the commission must be odd, and its composition includes representatives of the employer, including a labor protection specialist, and an elected trade union organization or other representative body of workers (if they are created).

The commission draws up a list of jobs to be assessed; approves the schedule for its implementation; prepares workplaces for special assessments (checks the operation of equipment and tools, heating, air conditioning, ventilation and lighting systems).

It’s not very clear how to create a commission individual entrepreneurs with one or two employees, or in the case of an LLC in which the director is sole founder and an employee. There is not yet a widespread practice of conducting special assessments for such small structures, but at the end of 2014, legislative initiatives were submitted to abolish its obligation for. These initiatives did not pass, but the very fact of their appearance suggests that the law on special assessment has not been fully developed and will cause difficulties in its implementation in practice.

Who conducts a special assessment of working conditions?

A special assessment is carried out under an agreement with the employer by independent organizations that have at least five certified experts on their staff (at least one expert must have a specialized higher medical education) and an accredited testing laboratory.

The Ministry of Labor maintains state registers of experts and organizations that have the right to assess working conditions, so you only need to contact those appraisers whose contacts are on the official website of the Ministry of Labor.

For violation of the procedure for special assessment of working conditions, not only employers, but also appraisers bear quite serious administrative responsibility (under Article 14.54 of the Code of Administrative Offenses of the Russian Federation):

• officials - from 20 to 30 thousand rubles, for repeated violations from 40 to 50 thousand rubles;
• for organizations - from 70 to 100 thousand rubles, for repeated violations from 100 to 200 thousand rubles.

How is a special assessment of working conditions carried out?

Experts from an independent organization conducting a special assessment determine the presence of potentially harmful or dangerous production factors in the workplace:

• physical (noise, electromagnetic fields, ultrasound, radiation, vibration, temperature, illumination);
• biological (bacteria, spores, microorganisms);
• chemical (substances in the air working area and deposited on the skin of workers);
• sensory (nervous) tension of the labor process;

If such factors are identified, then their actual values ​​are measured, based on the results of which classes of working conditions (optimal, acceptable, harmful and dangerous) and their subclasses are established. The amount of additional insurance contributions to the Pension Fund will range from 0% for the optimal class and up to 8% for the dangerous one.

Based on the results of the special assessment, experts prepare a report, which must be approved by the employer’s commission. The report must be familiarized with the employees' signature within 30 days, and if the employer has an official website, then it must also be published on the website for free viewing. The expert organization submits the report to the labor inspectorate. If, as a result of the special assessment, no harmful or dangerous production factors were identified, then such workplaces are recognized as safe, and the employer also submits a declaration of compliance of working conditions with regulatory requirements within 30 days (regardless of the report submitted by the experts).

The declaration is submitted in the form and in the manner approved by Order of the Ministry of Labor dated February 7, 2014 No. 80n. It is valid for five years, but if during this period an accident occurs in a workplace recognized as safe or an employee is diagnosed with an occupational disease, then an unscheduled special assessment will need to be carried out.

When to carry out a special assessment of working conditions

The results of the special assessment, as well as the previously conducted workplace certification, are valid for five years. If the employer has already carried out certification of workplaces before the end of 2013, then until its validity period has expired, there is no need to conduct a special assessment of these places. At the same time, for new jobs, in addition to certified ones, this will need to be done within six months.

If the employer has not carried out workplace certification, then the special assessment can be carried out in stages, the main thing is to complete it no later than December 31, 2018 (Article 27 (6) of the law of December 28, 2013 N 426-FZ). True, it is only possible to delay its implementation for so long for those jobs that are not “harmful” (they are not included in lists No. 1 and No. 2 with early retirement and do not offer guarantees and compensation for work under harmful and dangerous conditions).

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

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

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

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

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

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

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

7) summary sheet of special assessment of working conditions;

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

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

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

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

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

(see text in the previous edition)

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

(see text in the previous edition)

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

5.1. The employer, within three working days from the date of approval of the report on the special assessment of working conditions, is obliged to notify the organization that conducted the special assessment of working conditions of any in an accessible way, providing the opportunity to confirm the fact of such notification, and also send to her a copy of the approved report on the special assessment of working conditions by registered by post with acknowledgment of delivery or in the form electronic document, signed by a strengthened qualified electronic signature. If there is information in the report on a special assessment of working conditions that constitutes a state or other secret protected by law, a copy of this report is sent taking into account the requirements of the law Russian Federation about state and other secrets protected by law.

(see text in the previous edition)

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

For quite some time now, conducting a special assessment of working conditions has been the responsibility of the employer, provided for Labor Code. Let's consider how it needs to be carried out in order to comply with all legal requirements. We will tell you about the stages of conducting a special assessment of working conditions.

Legal basis of special assessment

As mentioned above, a special assessment of working conditions (hereinafter referred to as SOUT) is provided for by the Labor Code of the Russian Federation, namely, Art. 212. But the code only establishes the obligation for employers to carry it out, without providing any specific information.

All issues related to the conduct of special labor assessments are reflected in detail in the law dated December 28, 2013 No. 426-FZ “On special assessment of working conditions” and in the methodology approved by Order of the Ministry of Labor dated January 24, 2014 No. 33n.

The law establishes general order organizing and conducting SOUT, and the methodology contains specific techniques and criteria used in assessing workplaces.

Let us consider in detail the procedure for conducting a special assessment of working conditions.

Preparation for carrying out SOUT

The law assigns responsibilities for organizing and financing SOUT to the employer (Article 8 of Law No. 426-FZ).

For this purpose, a commission is created, the formation of which is subject to certain requirements (clauses 1-4 of Article 9 of Law No. 426-FZ):

1. The number of commission members must be odd.
2. The commission must be headed by a representative of the employer.
3. The commission must include a labor protection specialist (full-time or working under a civil contract).
4. If the company has trade union organization or another elected body of workers, then its representatives must also be included in the commission.

Next As part of the preparation for the SOUT, it is necessary to determine the list of jobs that will be assessed. When creating this list, it is important to correctly determine which jobs are similar. By similar we mean workplaces located in the same type of premises with the same working conditions, in which workers perform the same labor functions (Clause 6, Article 9 of Law No. 426-FZ).

If there are such places at the enterprise, then you can evaluate 20% of the places from each “group” (but not less than two). The results of the sample assessment apply to all workplaces in this group.

SOUT schedule: terms

The schedule is drawn up simultaneously with the list of jobs to be assessed.

Active regulations, dedicated to SOUT, were adopted mainly in 2013 and 2014. But this, of course, does not mean that earlier workplace assessments were not carried out at all. Until 2013 inclusive, this procedure was called certification.

When drawing up a schedule for carrying out special assessment and assessment work, one should take into account the transitional provisions provided for in Art. 27 of Law No. 426-FZ. If at the enterprise before 2014 workplace certification was carried out, then in general the SOUT may not be carried out until 5 years have passed from the date of certification. However, in any case SOUTH for all workplaces based on the new regulations must be completed by December 31, 2018.

Employers must complete a special assessment of working conditions by the end of 2018

According to Part 6 of Article 27 of the Federal Law of December 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions,” all employers must, as a matter of priority, conduct a special assessment in workplaces with dangerous and harmful production factors. At all other workplaces, including office ones, it is allowed to conduct a special assessment in stages. In this case, the last stage must be completed no later than December 31, 2018. Thus, all companies and individual entrepreneurs that hired employees are required to conduct a special assessment in 2018, and based on its results indicate employment contracts class of working conditions.

For certain categories of jobs listed in Part 6 of Art. 10 of Law No. 426-FZ, SOUT must be carried out as a matter of priority, without taking into account the timing of previously conducted certification (letter of the Ministry of Labor dated December 8, 2014 No. 15-1/B-1829). We are talking about the following places:

1. For employees entitled to early retirement.
2. For workers who are provided with various benefits “for harmfulness”.
3. Places where harmful (dangerous) working conditions were previously established.

The employer, having chosen an organization to carry out special labor conditions, enters into a contract with it civil contract. As part of the contract, the customer is obliged to provide the contractor with all necessary documents and other information to assess working conditions and harmful (hazardous) production factors.

Identification and measurement of harmful (hazardous) factors

The SOUTH procedure itself begins with the identification of harmful or dangerous production factors. The methodology for conducting a special assessment of working conditions includes:

1. Microclimate (temperature, humidity, pressure).
2. Radiation various types(including ionizing ones).
3. Physical factors (noise, vibration)
4. Chemical and biological factors.

Identification is carried out by an expert from a specialized organization, and then approved by a commission created by the employer.

If harmful (hazardous) factors have been identified, they must be measured and classified. Assessment procedure and standard values reflected in the Methodology for conducting a special assessment of working conditions No. 33n.

Based on the assessment results, jobs are divided into four classes:

1. Optimal (class 1) – there are no undesirable factors or their influence is within safe standards.
2. Acceptable (class 2) - the impact of factors can be neutralized during normal rest after finishing work.
3. Harmful (class 3) – exposure to factors can lead to the development of occupational diseases; long rest is required for recovery. This class is divided into 4 degrees, depending on the intensity of exposure harmful conditions labor.
4. Hazardous (class 4) – factors pose a threat to the life of an employee or can lead to the development of acute occupational diseases.

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Registration of the results of the special assessment

Based on the results of the SOUT, a report is drawn up (Article 15 of Law No. 426-FZ), which includes:

1. Information about the organization that conducted the SOUT
2. List of inspected workplaces indicating the identified harmful (hazardous) factors.
3. Protocols of the conducted studies.
4. Information about classes of working conditions for workplaces.
5. A protocol for assessing the effectiveness of the protective equipment used in those workplaces where it is necessary.
6. List of occupational safety measures.

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

Using the results of the SOUT

Within 3 days from the date of approval, the customer of the SOUT must notify the organization conducting the research about this and send a copy of the approved document to its address.

The employer must familiarize employees with the results of the SOUT within 30 calendar days from the date of approval of the report (Clause 5, Article 15 of Law 426-FZ).

Employees whose jobs are recognized as hazardous are entitled to various benefits and compensation provided for by law ( preferential pension, additional payments to tariff rate, shortened working hours, additional leave etc.)

Within the same time frame (30 days), the employer must post the results of the SOUT on its website. Information about established classes for workplaces and ongoing labor protection measures is subject to publication.

For workplaces for which undesirable production factors have not been identified, or for workplaces classified as class 1 or 2, the employer, within 30 working days, submits a declaration of conformity of working conditions to the regional division of the Ministry of Labor (Article 11 of Law 426-FZ, order of the Ministry of Labor RF dated 02/07/2014 No. 80n).

Also, the employer must notify the results of the special assessment of the Federal Social Insurance Fund of the Russian Federation (subclause 18, clause 2, article 17 of the law of July 24, 1998 No. 125-FZ “On compulsory social insurance ...”). The Social Insurance Fund uses this information to make decisions about discounts or premiums to the insurance rate for a given employer.