Special assessments of working conditions are carried out periodically. Organization, methodology and timing of a 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 with safe working conditions 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, the federal law of December 26, 2013 No. 426-FZ “On the special assessment of working conditions” (hereinafter referred to as the Law) came into force, which introduced a new procedure - a special assessment of working conditions (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

The following categories of employees are excluded:

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

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

• 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.

SOUT Commission

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 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) dangerous working conditions were established.

So, an expert from a specialized organization carries out the 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 in the workplace are not identified, then no further research is 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

The assessment has been completed, what next?

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.

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).

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

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

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.

26.12.2017 13:22:00

A special assessment of working conditions is a procedure that is, of course, mandatory for every employer in Russia. And, although the SOUT procedure is formalized at the official level, it contains rather liberal theses. For example, the timing of the SOUT in the organization. As follows from paragraph 6 of Art. 27 of the Federal Law “On Special Assessment of Working Conditions” No. 426-FZ, inspection of some places is allowed to be carried out in stages, the main thing is to complete it by the end of December 2018.

Courts evaluate this requirement differently and sometimes issue contradictory rulings. It happens that fines for missed deadlines for conducting SOUT reach two hundred thousand rubles. To avoid financial losses, the employer needs to clearly understand the frequency with which the SOUT is carried out, how the initial and subsequent inspections differ, what is the validity period of the SOUT, and so on.

SOUTH: FREQUENCY AND TIMELINES

When starting its activities, a new organization sometimes does not even suspect what activities it will need to carry out - even if they are of a purely formal nature. Any enterprise in Russia is required by law to undergo the SOUT procedure. The period for the first time (for new organizations) is no more than six months. That is, after registering a company, the employer must conduct an inspection of working conditions in the first 6 months of its work.

If an enterprise has existed for more than six months, and an inspection has never been carried out since its formation, then this must be done as quickly as possible, or better, as they say, yesterday. The results of the special assessment are valid for 5 years from the date of issuance of the report based on the results of the audit. Carrying out special labor safety regulations in the workplace, according to the Labor Code of the Russian Federation, is explained by the fact that the employer undertakes to ensure: safety and labor protection of workers; informing employees about the conditions under which they work, and so on.

Also from Art. 219 of the Labor Code follows that employees can count on: safety and security of the conditions in which they work; informing about the danger/harmfulness of these conditions. When hiring a job, a person has every right to demand from his employer information about the level of risk and potential (or actual) harmful factors in the work process. Even if it concerns the banal presence of a computer screen. If the employer ignores this right and does not disclose information to the hired employee, the employee can contact the state supervisory authority. The very fact of such treatment already means for the employer a fine of 80 thousand rubles and a requirement for an urgent special assessment of working conditions. If the state supervision order remains unheeded, the organization faces suspension of activities for up to 90 calendar days.

SOUTH RESULTS: WHAT TO DO WITH THE INSPECTION RESULTS?

Based on the results of the assessment, harmful factors may not be identified at all. In this case, the workplace can be declared to the Labor Inspectorate. Since the working conditions at this place comply with labor safety standards, it means that there is no need to inspect this place in the future. If the employer does not reorganize the workplace in the next 5 years, then he will not need an unscheduled SOUT. The declaration will be automatically renewed. Then the validity period of the SOUT is 5 years. But the law does not allow interruptions in inspections. Therefore, after five years, the employer must already have the results of mandatory certification of workplaces for working conditions (AWC).

If the employer carried out an automated work procedure no later than January 1, 2014, then he is allowed not to do any checks until the expiration of the certification.

TIMELINES FOR UNSCHEDULED SOUTH

Any employer may have reasons for an extraordinary assessment. In such cases, the frequency of the special labor assessment shifts, and the organization has the right to conduct a labor assessment within two time intervals: six months and a year.

WHAT TO DO AFTER THE SPECIAL ASSESSMENT?

When the SOUT procedure is completed and the report on its results is approved, the employer must notify the inspection organization within 3 working days; within a month (30 days), familiarize employees with the results of the SOUT (they must sign after reading), post the information no later than 30 days about the results of the SOUT on the enterprise’s website (if available).

FOR WHAT TIME ARE THE MATERIALS AND SOUTH REPORTS VALID?

The deadline for preparing reporting documentation is determined by the employer at the stage of collecting the inspection commission. The period of storage of materials according to SOUT in archives is 45 years, and in case of detection of dangerous/harmful production factors - 75 years. The validity period of materials according to the safety standards is during the entire period of establishment of the hazard class or during the validity period of the declaration that working conditions comply with safety standards.

Publication source:

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 inspection 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:

1. For organizations – 60-80 thousand rubles. for primary and 100-200 thousand rubles. in case of repeated offense;
2. 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.

It is the responsibility of every employer to guarantee a safe working environment for its employees. Art. speaks about this. 212 Labor Code of the Russian Federation. For this purpose, he initiates and pays for a special assessment of working conditions, for which an authorized third-party structure is involved. Next, we consider the procedure, timing and frequency of conducting a special assessment of working conditions, as well as the further use of its results by a business entity in its activities.

The concept and essence of special labor assessment, its legal regulation

It must be mandatory for almost all Russian employers from the beginning of 2018, which led to the adoption of the corresponding Federal Law No. 426 of December 28, 2013 (hereinafter referred to as Federal Law No. 426) and the expiration of the validity period of the results of certification of places of work.

SOUT has replaced workplace certification, although the methods for conducting them are largely similar.

Based on Art. 8 Federal Law No. 426, SOUT is carried out according to a certain methodology approved by the relevant government agency of executive power. In this case, this is the Methodology for conducting SOUT, approved by Order of the Ministry of Labor and Social Protection of the Russian Federation dated January 24, 2014 No. 33n.

According to it, an independent special company invited by the manager of a business entity gets acquainted with the conditions in which the team operates, at predetermined workplaces, analyzes them and assesses the level of impact on subordinates.

List of assessed jobs

Before talking about job evaluation, it is necessary to understand the definition of this concept. So, under them, according to Part 6 of Art. 209 of the Labor Code of the Russian Federation refers to places controlled by the employer, to which staff members are assigned and where they are required to work, or where they arrive due to the characteristics of their functionality.

All places available in a business entity are subject to inspection, except places of work:

• remote employees,
• home-based subordinates;
• workers hired by individuals without individual entrepreneur status.

In addition, vacant jobs cannot be assessed. To avoid misunderstandings, before the assessment, the commission forms and approves a list of places to be assessed (including similar ones).

Based on the procedure for conducting a special assessment of working conditions, if the workplaces in a business entity are similar, it is allowed to examine one fifth of them, but not less than two. The results of the random check are broadcast to the entire volume.

In practice, many employers have difficulty creating a list of similar jobs. To avoid them, you should take into account the following general signs of this category:

Deadlines for the special assessment

In order to talk about the timing and frequency of a special assessment of working conditions, you should refer to Federal Law No. 426.

Yes, Art. 27 contains permission for economic entities that carried out certification of workplaces before December 31, 2013, not to conduct special assessments for 5 years after that.

Time is counted from the date of approval of the certification results.

The permitted period expires on December 31 this year. After this, a special assessment must be carried out immediately, otherwise the employer will be held administratively liable (Article 2, Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation). Legal experts think so, guided by Part 6 of Art. 27 Federal Law No. 426, speaking about business entities on which no inspections have ever been carried out, whose workplaces are not potentially harmful or dangerous (that is, they are not included in the list given in the article and were put into operation before 01/01/2017.

In this case, federal legislation does not contain deadlines for carrying out special assessments.

If there have been no inspections, but the workplace is harmful or dangerous, the assessment should be carried out as quickly as possible, without meeting the given deadlines.

In addition to the above situations, Art. 17 Federal Law No. 426 provides for cases of unscheduled inspection. These include:

1. receipt by the manager of the corresponding order or letter from the trade union;
2. use of other raw materials that may be harmful to the health of members of the workforce;
3. introduction of new PPE;
4. an emergency at work (except for an accident for which the fault lies with third parties) or the occurrence of an occupational disease caused by difficult working conditions;
5. adjustment of production processes;
6. use of new equipment.

In the first four situations, this check should be carried out at the relevant workplaces no later than six months from the date of occurrence of the above, in the rest - no later than a year.

Algorithm for conducting SOUT

As already mentioned, this test is standardized. It includes the following steps.

Stage 1. Organizational

As already noted, conducting and paying for the inspection is charged to the manager who enters into a GPC agreement with the corresponding company, for which conducting special inspection work is the main activity (this is noted in its charter papers).

The company must comply with the provisions of Art. 19 Federal Law No. 426. Thus, its staff cannot be less than 5 officially employed people who have a certificate giving the right to conduct inspections of this kind.

In addition, it must have its own accredited laboratory.

At this stage, the administrative person issues an order to form a commission on SOUT and determine the range of its responsibilities.

The number of its members, together with the head of the business entity (also the head of the commission), must be odd. In addition to third-party experts, the commission must include an occupational safety specialist and a trade union representative (if such a body exists)

Stage 2. Preparatory

At this stage, a list of workplaces to be inspected is determined and approved by the commission, as well as a schedule for conducting a special assessment of working conditions.

After this, the commission is given all the papers and information requested by it to implement its tasks.

Stage 3. Identification of negative working conditions

This stage is determined by a comparison of the production factors available in a business entity with factors from the Classifier approved by Order of the Ministry of Labor No. 33n. This is done by an expert from the invited organization. Identification is carried out according to the Methodology and is accompanied by:

• description of local negative factors and identification of sources of their occurrence;
• their research and measurement;
• commission approval of identification results.

Stage 4. Research and calculation of harmful and dangerous conditions

All detected negative factors must be examined and measured by inspectors and, subsequently, by the laboratory. Their list is compiled by the commission taking into account:

• federal standards on occupational safety;
• nuances of the functioning of a business entity;
• characteristics of means and objects of labor;
• the results of past inspections;
• initiatives of team members.

Research methodology is at the discretion of the invited organization, but must take into account government-approved and certified research methods.

Based on the results of the study, classes of working conditions are determined. They come in four types:

• 1 – optimal conditions that do not affect the work team;
• 2 – permissible, affecting workers within the limits of the legally defined norm. Their influence ceases after rest or at the start of a new working day;
• 3 – harmful, affecting the body of employees beyond the norm. Recovery takes a long time. This class is divided into four subclasses;
• 4 – dangerous, contact with which is fraught with damage to the body and poses a threat to the life of a staff member.

In practice, there are often situations when research and measurement cannot be carried out (for example, if the implementation of this procedure will threaten the life and health of commission members and employees). In these cases:

1. a protocol is drawn up justifying such a decision and included in the SOUTH report;

A copy of it must be received by the territorial body of state supervision over compliance with labor standards no later than 10 working days from the date of preparation of the document.

1. working conditions are a priori recognized as dangerous.

Stage 5. Research and calculation of harmful and dangerous conditions directly during the inspection

During SOUT, the following are examined and measured:

• working factors of a physical nature (fibrogenic dust, noise, vibration);
• radiation of various types (electric, magnetic, laser, infrared and UV fields);
• microclimatic conditions (temperature and humidity, air flow);
• illumination;
• factors of a chemical nature (suspensions in the air, including those of biological origin or obtained by synthesis and controlled by chemical analysis);
• factors of biological origin (the volume of microflora in the air that provokes diseases);
• work characteristics (intensity and severity of labor at an economic entity).

This list is open and can be supplemented by Mitrud and social protection together with the authorities.

Stage 6. Registration of inspection results

At the end of the inspection, he draws up a report, the appearance and content of which are standardized (Mitrud Order No. 33n).

It must be signed by all members of the commission, including the head of the business entity. If an expert disagrees with the data presented in the paper, he has the right to document his opinion and attach it to the report.

He contains:

The responsibilities of the inspection organization include the transfer of the results of the SOUT (Part 1 of Article 18 of Federal Law No. 426) to the federal information system no later than 10 days from the date of its approval in the form of an electronic paper endorsed by the manager’s electronic signature (Part 1 of Article 18 of Federal Law No. 426) .

The employer must familiarize the team with the report against signature on the SOUT card no later than a month from the date of approval of the paper. The days the employee is on treatment, vacation or on a business trip are deducted from the specified period.

It is also important to familiarize each newly employed subordinate with the paper.

It is not uncommon for a staff member to refuse to sign that they have read the report. If this is the case, the employer’s side draws up a document endorsed by at least three signatures. The head of the workshop or department in which the dissenting person works, as well as an employee of the personnel department, are invited to be witnesses. After this, the person who disagrees is explained his right to file a complaint with the Labor Inspectorate to challenge the data given in the report.

In addition to familiarization, within a month the manager is obliged to post on the business entity’s website information about the inspection carried out and reflect measures to improve the state of occupational safety.

In relation to safe workplaces or places with acceptable conditions, the manager submits a declaration of compliance of the conditions with state occupational safety requirements (Article 11 of Federal Law No. 426), which is subsequently recorded in the register. Its form and submission rules are approved by Order of the Ministry of Labor of the Russian Federation No. 80n dated 02/07/2014.

The document is valid for 60 months from the date of approval of the SOUTH report.

Storage period for the SOUT report

Unless life-threatening operating conditions are identified, all collected materials must be archived for 45 years. Otherwise, the papers are stored for 75 years.

Application of SOUT results

Based on the test results:

• classes of conditions are established that affect the amount of insurance premiums paid by the employer for employees;
• the amount of compensation and guarantees due to workers is determined (reduced working hours, additional leave and financial payments);
• the provision of staff units with personal protective equipment, milk or other equivalent products is adjusted;
• additional medical examinations are organized;
• appropriate statistical reporting is prepared.

In addition, measures are being taken to improve working conditions (minimizing gas and dust levels, improving production processes).

If working conditions are normal, the employer reserves the right to control them and implement measures to maintain them at a decent level.

Responsibility for ignoring legal provisions on verification

Ignoring or violating the algorithm for conducting an audit established at the federal level (failure to comply with time frames, incorrect execution of a report, lack of a commission) is fraught with administrative liability in the form of a fine. For an official the amount will be 5,000-10,000 rubles, for an organization - 60,000-80,000 rubles.

Repeated violations result in increased penalties and the imposition of disqualification or suspension of activities.

Thus, a special assessment of working conditions is an important procedure that allows employees of a business entity to be confident in their safety, or to receive additional guarantees and compensation if there is a threat to their life and health, and for the manager to avoid administrative penalties.

Timing of SOUT

On December 28, 2013, Federal Law No. 426-FZ “On Special Assessment of Working Conditions” (hereinafter referred to as 426-FZ) came into force. Together with it, at the same time, 421-FZ was adopted, which introduced changes to certain legislative acts of the Russian Federation, including the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). With the entry into force of these regulatory legal acts, conducting a special assessment of working conditions (hereinafter referred to as SOUT) became mandatory for the employer.

The employer's responsibility is to provide safe conditions and labor protection. In accordance with Article 212 of the Labor Code of the Russian Federation and Part 2 of Article 4 426-FZ, the employer is obliged to ensure, and the measures implemented as a result of this can ensure safe working conditions at the enterprise.

What is a special assessment of working conditions?

A special assessment of working conditions is a single set of sequential measures to identify harmful and (or) dangerous production factors and assess the level of their impact on workers, the purpose of which is to assess working conditions. Based on the results of these studies, the organization conducting the special assessment of working conditions prepares a report in the form established by law. The report reflects the working conditions for each workplace (hereinafter referred to as WP) and information on the need to assign appropriate guarantees and compensation.

At which workplaces is a special assessment of working conditions carried out?

All jobs available to the employer are subject to special assessment, with the exception of:

homeworkers;

remote workers;

persons who have entered into labor relations with employers (individuals) who are not individual entrepreneurs.

What are the deadlines for carrying out the SOUT?

A special assessment of working conditions can be formally divided into “planned” (“primary”) or unscheduled. However, the timing of each of them will be different.

“Planned” (“primary”) SOUT

In accordance with Part 6 of Article 27 426-FZ, a “planned” SOUT can be carried out in stages and must be completed no later than December 31, 2018.

Unscheduled SOUT

When conducting an unscheduled SOUT in accordance with Part 1 of Article 17 426-FZ, you must be guided by the following deadlines:

Within 12 months from the date of commissioning of newly organized workplaces;

Within 6 months from the date of receipt of the order of the state labor inspector (hereinafter referred to as the State Labor Inspectorate) to conduct an unscheduled special labor inspection in connection with violations identified during the inspection;

Within 12 months from a change in the technological process, replacement of production equipment, which had an impact on the level of exposure to harmful and (or) hazardous production factors on workers;

Within 6 months from the date of changes in the composition of materials and (or) raw materials that influenced the level of exposure to harmful and (or) hazardous production factors on workers;

Within 6 months from a change in the used personal and collective protective equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers

Within 6 months from an industrial accident that occurred at 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

Within 6 months from the date of appearance 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

When is it not necessary to conduct an unscheduled SOUT?

An unscheduled special assessment of working conditions is not carried out if the changes that have occurred have not affected working conditions (Part 1 of Article 17 426-FZ). The decision not to conduct an unscheduled special assessment of working conditions must be made by the commission. The results of this decision are reflected in the minutes of the commission meeting.

What will be the penalty for violating the deadlines for carrying out SOUT?

Violation of the established deadlines for carrying out SOUT threatens the employer with administrative liability under Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. An administrative fine may be imposed on the employer as an official in the amount of 5 to 10 thousand rubles; and as for a legal entity in the amount of 60 to 80 thousand rubles.

What else can a fine be imposed for?

1. Violation of the procedure for conducting SOUT:

a. Failure by the employer to provide to the expert organization information characterizing working conditions in the workplace, as well as proposals from employees for identification at their workplaces (clause 2 of part 2 of Article 4 426-FZ)

b. Errors in creating a commission for the Special Assessment of Work, lack of a schedule for conducting the Special Assessment (Parts 1-4 of Article 9 426-FZ)

c. Absence of a list of jobs approved by the commission that are subject to SOUT or errors made in its preparation (Part 5 of Article 9 426-FZ)

d. Carrying out SOUT during abnormal operating modes of the enterprise (clause 15 of the Methodology)

2. Violation of deadlines when conducting SOUT:

a. Violation of the deadlines for familiarizing workers with the results of the special labor assessment system, which reflects the working conditions at their workplaces (Part 5 of Article 15 426-FZ)

b. Violation of the deadlines for informing the expert organization about the approval of the report on the SOUT (Part 5 1 of Article 15 426-FZ)

c. Violation of the deadlines for posting information about the results of the special assessment on the official website (if there is one) (Part 6 of Article 15 426-FZ)

d. Violation of deadlines for filing declarations of conformity with GNTOT (Part 11 of Article 12 426-FZ)

3. Failure to implement measures developed by expert organizations that could improve working conditions at the employer’s workplace.

A complex and labor-intensive process that requires the employer to have in-depth knowledge of the legislation on labor safety standards, labor legislation, and other regulatory legal acts containing labor law norms and state regulatory requirements for labor protection. Therefore, the successful completion of a special assessment directly depends on the employer’s choice of an expert organization and their mutual work.