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How often are working conditions assessed? Terms of special assessment of working conditions

How often are working conditions assessed? Terms of special assessment of working conditions

19-01-2018

Special assessment of working conditions (SOUT) is a set of procedures that is carried out by special organizations on the initiative of the head of the enterprise. It is aimed at detecting and determining the degree of negative impact of production factors on a worker during his professional activities, as well as the level of deviation from the standards recorded in legal documents.

Verification of SOUT is carried out on the basis of the Federal Law of December 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”, which came into force in 2014. He abolished the previously existing workplace certification procedure, transforming it into a special assessment of working conditions. In essence, this is the same thing, but in the second case the range of measures is significantly expanded. Based on the SOUT, the amount of payments to the pension fund is determined and various benefits are established for workers: shortened working hours, increased vacation, early retirement, etc.

All employers who employ hired employees in production must conduct a special assessment. Exceptions include short-term, remote or informal work, as well as home work and dispatch.

Goals and advantages of SOUT.
When to carry out SOUT.
Responsibility for failure to comply with the deadlines of the SOUT.

Goals and benefits of SOUT

Special assessment helps:

Bring working conditions into compliance with the requirements established by law.
Reduce the level or completely eradicate negative factors in the work process.
Avoid emergency situations and accidents at work.
Protect the interests of employees.

As a result, the employer receives the following benefits:

reduces contributions to the pension fund;
reduces the cost of compensation for harmful and dangerous working conditions and additional insurance;
improves its business by investing money in its modernization, and not in various payments and fines. By the way, violation of deadlines and other requirements for conducting a special assessment can cost the employer 200,000 rubles.

Benefits for employees:

guarantees of compliance with labor safety and health;
informing about the level of risk, harmfulness of production factors and possible negative consequences.

In case of non-compliance with these conditions, the employee has the right to demand an urgent SOUT by contacting the regulatory authorities. For the employer, this is fraught with a fine and an unplanned special assessment.

When to carry out SOUT

According to legal acts, this is a mandatory event that any enterprise must go through. Since the law “On special assessment of working conditions” was adopted in 2014, the next 4 years are considered a transition period for which the results of workplace certification are relevant. In the future, the SOUT should be carried out every 5 years. However, there are a number of nuances that may affect its timing and which you need to be aware of in order not to receive a fine for a large amount.

Heads of new organizations should take care to conduct a special assessment in the first six months after registration. In addition, the employer should organize an SOUT as quickly as possible if:

working conditions have changed significantly for the better;
Previously, workplaces were not subject to certification.

The timing of the special assessment is also shifted in the following cases:

New jobs were created at the enterprise.
There have been changes in production technology or equipment that could increase risks, deteriorate working conditions and have negative consequences for employee health.
While performing work, an emergency occurred.
New materials were introduced into the production process.
By order of the labor inspectorate due to the fact that deviations from established standards were discovered during a scheduled inspection.
Cases of occupational pathology among workers provoked by harmful factors in the production process have been recorded.
The company has replaced protective equipment.
The union made reasonable demands.

In accordance with the Federal Law (Part 2, Article 17), under the first two conditions, the SOUT must be organized within 12 months. In other cases, care must be taken to pass the test no later than 6 months.

In addition, within a month after the approval of the SOUT, the employer is obliged to officially, against signature, inform workers about the results of the procedure, and also post on the Internet resource a plan of actions that will be carried out based on the results of the special assessment.

Responsibility for non-compliance with the deadlines of SOUT

By law, the employer must initiate a special assessment in a timely manner, while it is in his interests to facilitate this process in every possible way by providing the commission with relevant documentation, data and explanations. Violation of these requirements entails penalties. Individual entrepreneurs and responsible persons will have to pay up to 10 thousand rubles, and if the deadlines are missed again - up to 40 thousand rubles. The organization will receive a fine of up to 80 thousand rubles, for a second violation - up to 200 thousand rubles.

Somehow, in one of the issues of the journal “Labor Safety” in the 2000s, an indicative standard for the timing of conducting research on working conditions in the workplace was calculated. The procedure was previously called workplace certification ((SOUT – Special Assessment, – ed.)). It amounted to 13 working hours per place and included measurements of harmful and dangerous production factors (VPF, - ed.), chronological measurements and preparation of a complete reporting package of documentation. These watches were not regulated by regulatory documents, it was a kind of statistical analysis.

We did not do a detailed detailed analysis, since this is a relatively young procedure and there is a possibility that some changes will still be made to the procedure. But they were able to define the “from” and “to” framework under which the work would not be considered formal from the point of view of the government inspection bodies. As an example, we looked at stages of SOUTH in the organization, consisting of 25 office workstations. By the way, the timing of each type of work must be indicated in the schedule and approved by the employer.

So, the first stage is the appointment of members and approval. If you work together, this can take about 3 working hours. Let's assume it's 1 day.

Next, an agreement is concluded with. Taking into account the agreement on payment terms, this may take about 5 working days. From this moment the organization begins to carry out work. The initial information on the customer is filled in, after which potential VOPFs are identified based on the list of jobs and a comparison of factors with the classifier, and the results of the stage are approved by the commission members. The approximate work time may be 15 days. Following this, the expert is obliged to go to the actual location of the employer’s organization to conduct instrumental measurements.

In our example, measurements will take no more than 1 business day. If the volume of places is significantly higher and they are of a production nature, then this could be two or three days. Based on the results of the measurements, the expert begins to draw up protocols of the studies conducted and compile a report on the special assessment. This requires him about 15 working days. They are then submitted to the commission for review, the result of which will be an approved report, which the organization conducting the special labor assessment must submit to the state labor inspectorate within 10 working days by January 1, 2016. Starting from 2016, the results will be transferred to a special register - an accounting information system.

What terms does the SOUT services market offer?

In the market, the determining factors for employers are not so much the quality of document preparation, but price and efficiency. In some cases, it even acquires an “arrow” effect. For example, carrying out and preparing the results of work in 3 days. We decided to check with the competent persons whether it is possible to carry out an SOUT in such a short period of time?

Alexey Anokhin, Head of the Department of Organizational Development of the Federal State Budgetary Institution "VNII of Labor Protection and Economics" of the Ministry of Labor of Russia":

Quote:'I think that in 3 days it is possible to carry out the entire complex of work and prepare a report on the implementation of the SOUTH assessment only if the organization has a small staff, and the complexity of the workplace (for example, office spaces) where the SOUTH will be carried out, and with a large staff of employees involved from the accredited organizations. In the realities of today, in the conditions of a planned economy and savings, it is unlikely that such a large staff will be attracted. In the process of work, initial information from the employer is required: safety instructions, regulations on labor protection in the organization, job descriptions, information on equipment, etc. Considering the busyness of customers, the time for collecting initial documentation may increase by 10 or 20 calendar days. After this, the expert, based on the information provided, must carry out identification, analyze the source documentation, and determine the list of VOPF at workplaces. The second part of the work is going to the site to take measurements. The more factors, the more equipment and time will be required’

Lipin Alexander Viktorovich, Advisor to the Labor Safety Policy Department of the Department of Wages, Labor Safety and Social Partnership:

Quote:‘The timing of the special assessment depends on the number of jobs and the specific situation in each organization. It is potentially possible to carry out SOUT in three days, but this is only at one workplace and this means taking measurements and identification, since preparing documents and agreeing on results with members of the commission will take much more time. Accordingly, the total time will still increase. Today there are no documents that would regulate the exact time, so the issues of the stages of implementation of the procedure still remain within the framework of civil law relations between the organization providing special assessment services and the employer.

Rostrud specialists also expressed solidarity on this issue, pointing out that the timing of the work must correspond to reality.

The next important issue regarding the timing of the SOUT is the frequency of the procedure. The law is regulated - once every 5 years. But by the time the current results are completed, it will be necessary to prepare new ones and submit these documents to the State Tax Inspectorate. Therefore, it is necessary to make an assessment at least 2 months before the results are completed. If the address of the enterprise, technological process, equipment changes, or new positions are added to the staff, the employer already conducts a special assessment of the work environment within 6 months for those places of employees affected by these changes.

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 factors at work - a special assessment of working conditions (hereinafter referred to as SOUT).

Despite the fact that the transition period is still ongoing, and for many the deadline for carrying out the special labor inspection will be December 2018, labor inspectors are already conducting regular and unscheduled inspections, identifying thousands of violations. To avoid incurring fines and penalties, employers should understand the innovations as early as possible.

The essence of a special assessment of working conditions

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

Optimal; acceptable;
Harmful; dangerous.

The amount paid by the employer for its employees to the Pension Fund of the Russian Federation, as well as the amount of benefits entitled to employees (additional leave, shortened working hours, etc.) depends on the results of the SOUT.

Reducing the impact of 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 costs 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 conduct SOUT?

The Law on SOUT places the responsibility for financing and organizing 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 operating without hiring employees;

2) Employers - individuals.

What is subject to special assessment?

The working conditions of employees are assessed based on the physical parameters of their workplaces, i.e. places under the control of the employer, to which employees need to arrive to perform their job duties. According to the Law on Specialized Labor and Employment, the positions of all employees must be assessed, except those who:

works for employers - individuals;
works from home;
performs work remotely.

Working conditions are checked at all workplaces, taking into account their similarity. Jobs that are considered similar are:

are located in similar areas with the same lighting, ventilation and heating conditions;
equipped with the same production equipment and personal protective equipment;
involve the work of employees with the same positions and job functions.

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

Timing of the planned SOUT

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

1) At workplaces certified 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 employer’s initiative, it is possible to conduct a planned special assessment ahead of schedule. This may be required in cases where working conditions at workplaces have been improved since the certification, and based on the results of the assessment and assessment, the employer plans to reduce its costs of providing guarantees and compensation to preferential categories of employees.

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

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

working on computers;
periodic use of printers, copiers, and household appliances.

However, the process of organizing SOUT should be carried out in stages and not be 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 can create conditions in which obtaining the results of the assessment system within the specified time frame will become impossible.

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

early retirement in old age;
guarantees and compensation in connection with dangerous and harmful working conditions.

When does the five-year validity period end? of the results of the primary assessment system, there is a need to conduct a re-assessment, but only for those employers who had previously identified dangerous or harmful working conditions. For employers who have a declaration of workplace compliance 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 expenses for carrying out special assessment activities.

If no circumstances arise that cancel the validity of the declaration, it, according to experts, will continue to work, because the Law on SOUT does not provide for the number of possible extensions. However, judicial practice has not yet been formed on this issue and it is quite possible that different 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 SOUT, within six months they are required to carry out unscheduled measures to assess working conditions. Conditions that cause unscheduled emergency conditions include:

the creation of new jobs, including only for registered employers;
changes in the production process, composition of materials used and other factors that may affect the harmfulness and danger of work for workers;
an employee’s occupational disease or industrial accident, the occurrence of which is associated with dangerous working conditions;
union demand;
instructions from the labor inspectorate.

Who conducts a special assessment of working conditions?

To identify potentially dangerous factors, measure deviations from the norm, as well as to document the results of the special assessment system, the employer must engage a specialized organization on the basis of a civil law contract. In addition, it is possible to simultaneously conclude a voluntary liability insurance agreement in order to minimize the risk of damage during the process of measurements, research and other aspects of the experts’ work.

Taking into account the requirements of the Law on Special Assessment of Expertise 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 organization being inspected or his close relative cannot conduct an audit.

Specialized organizations must also comply with the conditions prescribed in the Law on SOUT, compliance with which is confirmed by certification 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 include companies that were previously admitted to certification of workplaces and have an accreditation certificate valid as of the current date.

Before concluding an agreement on carrying out SOUT 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 conducting a repeat, unscheduled assessment.

Results of a special assessment of working conditions

The results of the SOUT are compiled in the form of a report from an expert organization in a form approved by the Ministry of Labor. The document reflects a list of specific workplaces and the classes and subclasses of working conditions established for them. The results of the SOUT become effective from the date the report is signed and oblige the employer to:

transfer additional amounts to the Pension Fund (for the classes “harmful” - from 2 to 7% and “dangerous” - 8%);
provide the necessary guarantees and compensation to employees;
provide workers with the necessary protective equipment;
carry out activities that influence the minimization and elimination of the harmfulness and danger of production factors;
exercise control over maintaining the safety of workplaces included in the “optimal” and “permissible” classes.

Within the next 30 calendar days, all employees whose workplaces were inspected during the special assessment must be familiarized with the report. If an employee does not agree with the results, he has the right to request a state examination of his workplace. If the results of the assessment system do not satisfy the employing organization, it can submit an application to the Ministry of Labor and Social Protection, appeal the unfounded or inaccurate results of the inspection and conduct a second special assessment.

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

Responsibility for violations in the field of SOUT

During the first year of operation of the Law on Special Labor Laws, more than 23 thousand were recorded, and in the first half of 2015 - over 11 thousand cases of non-compliance with labor legislation. According to the Federal Labor and Employment Service, which analyzed the violations identified, the most common employer misconduct is:

1) Failure to carry out special assessment procedures in cases where it is necessary;

2) Failure to communicate the results of the special operational assessment to employees;

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

non-involvement of a specialized organization;
absence of a commission or non-involvement of workers in its composition;
analysis of not all eligible jobs;

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

5) Failure to provide adequate guarantees and compensation based on the assigned classes of working conditions.

Both the organization itself that committed the offense and its officials (manager, occupational safety specialist or other person who, by virtue of the position or order of the director, is entrusted with the responsibility for carrying out the special labor safety system) can be held accountable for violations in the field of SAW. Moreover, the application of punishment to a legal entity can be carried out simultaneously with the holding of responsible employees to administrative responsibility, which comes from the analysis of Part 3 of Art. 2.1 Code of Administrative Offenses of the Russian Federation.

Administrative punishment for failure to carry out or violation of the procedure for organizing 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);
primary or repeated prosecution;
absence of a threat to life and health (warning or fine) or harm to employees (suspension of activities and disqualification of persons) due to the employer’s misconduct.

In particular, the fines are provided for:
For organizations – 60-80 thousand rubles. for primary and 100-200 thousand rubles. in case of repeated offense;
For individual entrepreneurs and officials – 5-10 thousand rubles. for primary and 30-40 thousand rubles. upon repeated offence.

When a violation entails a threat to human health or an accident, 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 three years.

Conclusion

The state tries 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 Labor Safety, but also “carrots” that provide a bona fide employer with a minimum of additional costs and the constant extension of the declaration of conformity. In addition, for an employer who has organized the SOUTH system in a timely and high-quality manner, even reports to the state information system can be sent by a specialized company that carried out the assessment.

The general structural diagram of the SOUT is as follows:

In the diagram, gray rectangles indicate steps - actions.

The arrows show:

1) incoming information - documentation, etc. information needed to complete the steps,

2) outgoing information - what is formed as a result of performing steps.

A detailed description of each step is outlined in the corresponding sections of the step-by-step instructions:

Step 0 - Determine if and when to conduct a special assessment of working conditions

S.V. Polyashov, 2014

Where should the SOUT be carried out?

homeworkers,
remote workers,
employees who have entered into an employment relationship with an employer - an individual who is not an individual entrepreneur ().

state civil servants and municipal civil servants is carried out not by, but on special regulatory and legal acts for employees ( ) .

SOUTH regarding working conditions employees admitted to information classified as state or other secret protected by law, is carried out according to special normative and legal acts ().

In other cases, the SOUT should be carried out

Timing of SOUT

SOUT is carried out Once every 5 years. The period is calculated from the date of approval ().

If before 01/01/2014 the organization carried out certification of workplaces, then within 5 years after its completion, you don’t have to carry out SOUT ()

Unscheduled certification is carried out before the expiration of the 5 year period in the following cases ():

commissioning of newly organized workplaces;
receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with identified violations;
changes in the technological process, replacement of production equipment, which can influence the level of exposure to production factors on workers;
changes in the composition of materials used and (or) raw materials that can affect the level of exposure to production factors on workers;
changes in the personal and collective protective equipment used, which can affect the level of exposure to production factors on workers;
an industrial accident that occurred in the workplace (except for an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the employee’s exposure to harmful and (or) dangerous production factors;
the presence of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers to conduct an unscheduled special assessment of working conditions.

Step 1 – formation of a commission to conduct a special assessment of working conditions

S.V. Polyashov, 2014

Actions:

Decide on the composition of the commission ().
Issue an order to create a commission and familiarize it with the signature of the members of the commission ()

Outgoing documents:

order (order on the composition and procedure for the activities of the commission on SOUT) ()

A comment:

The commission is headed by the employer or his representative.

Number of commission members there must be odd ().

The commission should include ():

occupational safety specialist;
representative of the trade union organization of the enterprise or other representative body of workers (if any).

For organizations classified as small businesses, the commission should include: ():

the employer is the individual entrepreneur himself, or the employer is the head of the organization (director, etc.),
labor protection specialist - an employee of this organization, or engaged under a civil contract, or a representative of a specialized organization engaged to carry out the functions of a labor protection service (specialist).

The composition and procedure of the commission are approved by order (instruction) of the employer ().

Step 2 – development and approval of a list of workplaces at which SOUT will be carried out, indicating similar workplaces

S.V. Polyashov, 2014

Incoming documents:

organization staffing table,
list of those currently employed.

Actions:

develop and approve by the commission a list of workplaces where SOUT will be carried out ().

Outgoing documents:

The form of the list has not yet been approved by law. The list of jobs can be made as follows:

Individual workplace number	Name of the workplace and sources of harmful and (or) dangerous factors in the working environment and labor process	Number of employees employed at this workplace (persons)	Availability of a similar workplace(s)

	seamstress, sewing machine
	production manager
	director
	Chief Accountant
	Human Resources Manager

The letter “a” in the table indicates similar jobs.

Similar workplaces are places ():

located in one or more similar production premises (production areas),
equipped with the same (same type) ventilation, air conditioning, heating and lighting systems,
in which employees work in the same profession, position, specialty,
in which employees perform the same job functions,
which have the same working hours,
on which the same type of technological process is carried out,
which use the same production equipment, tools, fixtures, materials and raw materials,
where workers are provided with the same personal protective equipment.

This list will be necessary to conclude an agreement with a specialized organization for SOUT.

Step 3 – search and involvement of a specialized organization in the SOUT

S.V. Polyashov, 2014

Incoming documents

documents confirming compliance of the specialized organization with the requirements( And ).

Actions:

select an organization that has the right to conduct SOUT,
check the organization's documents,
determine what information, documents and information must be transferred to the organization conducting the SOUT under the contract (),
enter into an agreement with the organization,

Outgoing documents

civil law agreement for carrying out special assessment of technical work (), containing, among other things, information about documents that the employer is obliged to provide to the organization conducting special labor assessment under the concluded agreement ( ),

Comments:

To carry out SOUT, it is necessary to conclude an agreement with a specialized organization corresponding to ().

Organizations previously accredited as certifying organizations can conduct a special assessment of working conditions before the expiration of their existing ones as of 01/01/2014. accreditation certificates, but no later than December 31, 2018 ().

If the accreditation certificate of a laboratory of a certifying organization expires in 2014, then the organization has the right to conduct special assessments until December 31, 2014 ().

You can find such an organization on the SOUT companies page using the link.

Before concluding a contract:

carefully study the organization’s constituent documents and check them on the website of the Federal Tax Service (egrul.nalog.ru) or in response to a request from the Federal Tax Service - the name of the organization, INN, KPP, ORGN, and legal address must match; the organization must be active;
require documents confirming the specialized organization’s compliance with the requirements (the employer’s right to demand these documents is secured);
check the certificate of inclusion in the state Register of accredited organizations providing services in the field of occupational safety and health, compare with the corresponding entry on the official website of the Ministry of Health of the Russian Federation;
review the accreditation certificate and the scope of accreditation - make sure that the studies you require are included in the scope of accreditation and that the validity of the accreditation certificate will not expire until the completion of the SOUT;
read the text of the agreement:

the contract must indicate what documentation, details and information the employer is obliged provide to the organization conducting the SOUT (). In case of failure to provide this information, documents and information,
the contract must indicate conditions, which the employer must provide for carrying out SOUT. If the employer refuses to provide these conditions, the organization conducting SOUT is obliged not to start or stop performing work ().
look at what documents the organization conducting the special labor assessment will be required to prepare - will it develop a schedule for conducting the special labor assessment, declarations of compliance with labor conditions, etc.

© S.V. Polyashov, 2014
Author: S.V. Polyashov, 2014. Copying is permitted only with the written consent of the author, and the presence of a mandatory active link to the website

Step 4 – development and approval of a schedule for carrying out the special assessment and assessment process

S.V. Polyashov, 2014

Incoming documents:

documents that the employer is obliged to provide to the organization conducting special assessment work under the concluded agreement (),
list of places where SOUT will be carried out indicating similar workplaces ()

Actions:

together with the organization conducting the SOUT, develop and approve a schedule for conducting the SOUT ()

Outgoing documents:

schedule for a special assessment of working conditions ().

A comment:

There is no officially approved form of the schedule. At this step, you will already have concluded an agreement with the SOUT organization, whose specialists will help develop a schedule for carrying out the SOUT.

Step 5 – identification of production factors

S.V. Polyashov, 2014

Incoming documents:

Documents that the employer is obliged to provide to the organization conducting special assessment work under the concluded agreement (),
list of places where SOUT will be carried out indicating similar workplaces ()

Actions:

Help the expert of the organization conducting the SOUT examine workplaces and understand the technical and other documentation of your organization.
Approve the identification results by the commission ().

Outgoing documents:

identification results ().

A comment:

Identification is carried out by the organization’s expert on SOUT (). The identification procedure is described in detail.

The essence of identification: an expert on environmental safety standards studies the documentation available to the employer (technical documentation for equipment, projects, results of previously carried out measurements of harmful factors, etc.), conducts a survey of workplaces by inspecting them, interviews employees, etc. and identifies harmful factors.

Not subject to identification ():

1. workplaces workers, professions, positions, specialties included to the lists relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which early assignment of old-age labor pension is carried out;

2. workplaces, in connection with the work of which employees in accordance with legislative and other regulatory legal acts guarantees and compensation are provided for work under harmful and (or) dangerous working conditions;

3. workplaces, in which, based on the results of previously conducted certification of workplaces for working conditions or a special assessment of working conditions harmful and (or) dangerous working conditions were established.

After identification, jobs will be divided into three groups:

workplaces where harmful (hazardous) factors have been identified;
workplaces where no harmful (hazardous) factors have been identified;
jobs that were not subject to identification.

The commission must approve the identification results ().

Step 6 – drawing up and sending to the relevant government agency a declaration of compliance of working conditions with regulatory requirements

S.V. Polyashov, 2014

Incoming documents:

a list of workplaces where no harmful factors have been identified.

Actions:

draw up or review the declaration,
send the declaration to the government agency ().

Outgoing documents:

Declaration of compliance of working conditions with regulatory requirements.

A comment:

For workplaces where no harmful (hazardous) production factors have been identified, the employer must submit a declaration of compliance of working conditions with regulatory requirements to the labor inspectorate.

The law does not say who must draw up the declaration - the organization conducting the special assessment or the employer's organization. To avoid disagreements, write down this obligation in advance in the contract for conducting SOUT.

There is no officially approved declaration form yet.

The declaration is valid for 5 years. The countdown of the period begins from the date of approval of the report on the implementation of the SOUT ().

If an employee for whom the declaration is submitted has an accident at work (except for an accident at work caused by third parties) or the employee is diagnosed with an occupational disease, then the declaration for this workplace ceases to be valid and is carried out in relation to this employee. unscheduled SOUT().

The decision to terminate the declaration is made by the labor inspectorate no later than 10 calendar days from the date of the accident and occupational disease (

On January 1, 2014, two laws came into force that provide for a new approach to assessing working conditions: Federal Law of December 28, 2013 No. 426-FZ "" (hereinafter referred to as the law on special assessment) and Federal Law of December 28, 2013 No. 421-FZ "" (hereinafter referred to as the law on amendments).

Since practice in this area has not yet developed, many questions arise when determining the timing of a special assessment of working conditions. The Chairman of the Committee on Labor Relations and Occupational Safety and Health of the Moscow City Branch of the all-Russian public organization of small and medium-sized businesses "Support of Russia", General Director of HSA Company will help us figure out the most difficult ones. Dmitry Tretyakov.

What seems quite piquant in this situation is the fact that, in fact, the results of the certification are valid from the moment it is carried out for a period of five years. My colleagues and I considered a situation where the certification materials were submitted on December 20, 2013. If we count five years from this date, then, accordingly, on December 20, 2018, the employer’s certification actually expires and for the remaining 10-day period he needs to conduct a special assessment, which is obviously impossible. This means that the legal requirements will not be formally met. This is a rather controversial point, but I believe that in this case it is better to play it safe and start conducting a special assessment before the expiration of the five-year period in order to have time to formalize the results by 2018.

Is it possible to “split” the conduct of a special assessment in an organization into several parts with the preparation of separate reports for each? If so, does this mean that the five-year period after which it is necessary to conduct a new special labor assessment (according to) will be calculated separately from the date of approval of each report?

Of course, it is possible to “split” a special assessment of working conditions into several parts. In this case, we are talking about a breakdown into individual divisions, offices, departments, etc. with the implementation of all the work on a “turnkey” basis in each group (that is, carrying out identification, measurements, drawing up a report, submitting the results to the State Labor Inspectorate). For this purpose, the organization draws up a schedule, which is approved by the Special Assessment Commission (). The results of the special assessment in each group are documented in a report.

Five years after the approval of each of the reports, a new special assessment must be carried out on this site. If, after five years, the employer decides to conduct a special assessment of the enterprise as a whole, without splitting it into separate divisions (offices, departments, etc.), then the reference date will be the date of approval of the first, earliest report.

As a rule, conducting a special assessment “in a separate manner” is convenient for large businesses with a large number of branches, since it allows you to plan the budget for this event.

If there are no accidents in the organization, the validity period of the declaration of compliance of working conditions with state regulatory requirements for labor protection is extended for another five years (). Tell us how the extension happens?

On April 7, 2014, Order No. 33n of the Russian Ministry of Labor dated January 24, 2014 came into force. In accordance with this document, workplaces that were presumably subject to declaration before the approval of the Methodology for conducting a special assessment of working conditions (for example, the so-called “office workplaces”) are now subject to mandatory measurements. This means that we do not declare them, but evaluate them. Theoretically, there are jobs that are subject to declaration, but their number in the total number of jobs subject to special assessment is negligible.

If we are talking about prolongation of the declaration of compliance of working conditions with state regulatory requirements for labor protection, then it is carried out automatically in the absence of accidents at these workplaces. This means that the declaration does not lose force, and its validity is considered extended for the next five years. In this case, the employer does not need to make any changes to the document.