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

Special assessment: simple about the complex

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

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

Who is eligible for the special

Small businesses should also conduct a special assessment

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

Lack of activity does not exempt from special assessment

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

No special assessment required for remote jobs and homeworkers

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

Safe working conditions do not exempt from special assessment

WARNING THE MANAGER

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

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

Offices need to be assessed

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

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

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

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

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

Evaluate not staff units, but jobs

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

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

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

Deadlines for special assessments

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

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

FROM AUTHENTIC SOURCES

Deputy Head Federal Service for work and employment

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

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

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

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

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

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

How to conduct a special assessment

Certifying organizations can still conduct a special assessment

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

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

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

How to conduct a special assessment of the workplaces of employees with a traveling nature of work, performing repair and installation work at the location of the customer organizations, we were told in Rostrud.

FROM AUTHENTIC SOURCES

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

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

Rostrud

You can save on a special assessment of similar jobs

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

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

• located in one or more similar industrial premises(production areas);
• equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
• where employees work:

One and the same profession (position, specialty) performing the same labor functions;

In the same mode of working hours while maintaining the same type of technological process;

Using the same production equipment, tools, fixtures, materials and raw materials;

Provided with the same funds personal protection.

Results of the special assessment

Where should the assessment results be sent?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

From January 1, 2014, instead of certification of workplaces, a special assessment of working conditions was introduced, which must be carried out in accordance with Federal Law No. 426-FZ of December 28, 2013. Accordingly, the results of attestation of workplaces in terms of working conditions, issued after December 31, 2013, cannot be used (clause 2 of the Letter of the Ministry of Labor of Russia dated March 13, 2014 N 17-3 / B-113). Recall that by virtue of Part 12 of Art. 209 of the Labor Code of the Russian Federation in the old edition, certification was carried out in the manner approved by the Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n (hereinafter referred to as the Certification Procedure). A special assessment of working conditions was previously provided for in Part 4 of Art. 58.3 federal law dated 24.07.2009 N 212-FZ as a basis for exemption from paying insurance premiums for additional tariffs. Part 4 Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ became invalid on January 1, 2014 (subparagraph "d", clause 4 of Article 13 of the Federal Law of December 28, 2013 N 421-FZ).

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

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

The methodology for conducting a special assessment of working conditions (part 3 of article 8 of the Federal Law of December 28, 2013 N 426-FZ) was approved by Order of the Ministry of Labor of Russia of January 24, 2014 N 33n. It establishes requirements for the procedures implemented within the framework of a special assessment: for the identification of potentially harmful or hazardous production factors, their study and measurement, the assignment of working conditions at the workplace to a certain class (subclass) and the presentation of the results (clause 1 of the Methodology).

By general rule assessment of working conditions is carried out at least once every five years, if there are no grounds for an unscheduled assessment (part 4 of article 8 and 17 of the Federal Law of December 28, 2013 N 426-FZ). It should be noted that in accordance with clause 8 of the Certification Procedure for those jobs where the working conditions were recognized as acceptable or optimal, re-certification could not be carried out.

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

According to part 2 of Art. 8 of the Federal Law of December 28, 2013 N 426-FZ, a special assessment of working conditions is carried out jointly by the employer and a specialized organization that meets the requirements given in Art. 19 of this Law. Part 2 Art. 4 of the Federal Law of December 28, 2013 N 426-FZ establishes the obligations of the employer, in particular to ensure that such an assessment is carried out and the provision of a specialized organization necessary information, documents and information.

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

If, as a result of the attestation of the workplace carried out before January 1, 2014, the working conditions are recognized as harmful or dangerous, then an additional rate of insurance premiums established by Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ, in the amount of 2 to 8 percent, depending on the subclass of working conditions (part 5 of article 15 of the Federal Law of December 28, 2013 N 421-FZ, Letter of the Ministry of Labor of Russia of April 18, 2014 No. 17-3/B-171). In this regard, the Ministry of Labor of Russia clarified the following: if the taxpayer cannot document the subclass harmful conditions labor, an additional tariff equal to 7 percent is applied to the certified workplace, which corresponds to the subclass of working conditions 3.4 (clause 2 of the Letter of the Ministry of Labor of Russia dated 03.26.2014 N 17-3 / 10 / B-1579).

How insurance premiums are charged at additional rates if the organization has up-to-date certification results for only a part of jobs, the Ministry of Labor of Russia indicated in paragraph 3.5 of the Letter dated 13.03.2014 N 17-3 / B-113. If, according to the results of certification, the working conditions of an employee employed in the work specified in subpara. 1 - 18 p. 1 art. 27 of the Federal Law of December 17, 2001 N 173-FZ, are recognized as harmful and dangerous, then insurance premiums are charged at additional rates provided for in Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ. If working conditions are recognized as optimal or acceptable, or there are no results of attestation of the workplace, then insurance premiums are charged at additional rates provided for, respectively, in Part 1 or 2 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ.

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

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

The Code of Administrative Offenses of the Russian Federation is also supplemented with new norms. Part 2 Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of the employer for violating the procedure for conducting a special assessment of working conditions at workplaces or not conducting it. In this case, a measure is applied in the form of a warning or a fine (in particular, for legal entities - from 60 to 80 thousand rubles). The responsibility of a specialized organization for violating the procedure for conducting a special assessment of working conditions is established by Art. 14.54 Administrative Code of the Russian Federation. Changes made to the Code of Administrative Offenses of the Russian Federation will come into force on January 1, 2015 (Part 2 of Article 15 of the Federal Law of December 28, 2013 N 421-FZ).

In addition, it should be added that the costs of conducting a special assessment of working conditions are not taken into account for the purposes of the simplified tax system (Letter of the Ministry of Finance of Russia of June 30, 2014 N 03-11-09 / 31528 (sent by Letter of the Federal Tax Service of Russia of July 30, 2014 N GD-4-3 / 14877)). The position of the financial department is not indisputable. See New documents for an accountant for details. Issue dated 20.08.2014.

We also note that these expenses can be reimbursed at the expense of contributions accrued to the FSS of the Russian Federation for injuries (clause 3 of the Rules for Financial Support for Preventive Measures to Reduce Industrial Injuries and Occupational Diseases of Workers and Sanatorium and Resort Treatment for Workers Employed in Works with Harmful and (or) hazardous production factors (approved by Order of the Ministry of Labor of Russia of December 10, 2012 N 580n as amended by Order of the Ministry of Labor of Russia of February 20, 2014 N 103n)).

Special assessment of working conditions- this is a single set of consistently implemented measures to identify harmful and (or) dangerous factors production environment and the labor process and assessing the level of their impact on the employee, taking into account the deviation of their actual values ​​from the established hygienic standards of working conditions and the use of personal and collective protective equipment for workers.

Currently, the obligation of the employer to conduct a special assessment of working conditions is defined by Art. 212 of the Labor Code Russian Federation and Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions”. Special assessment of working conditions ( SOUT) was introduced on January 1, 2014 to replace workplace certification (AWP).

A special assessment of working conditions is carried out in order to:

Detection and identification of hazards in the workplace;

Assessing the compliance of working conditions at workplaces with labor protection requirements;

Monitoring of working conditions at workplaces with harmful and (or) dangerous working conditions;

Establishment of guarantees and compensations for workers employed in workplaces with harmful and (or) dangerous working conditions, provided for by labor legislation;

Exemption of employers from paying insurance premiums to the Pension Fund of the Russian Federation at additional rates.

The results of a special assessment of working conditions are used for:

Development and implementation of measures aimed at improving the working conditions of employees;

Informing employees about working conditions in the workplace, about the existing risk of damage to their health, about measures to protect against the effects of harmful and (or) dangerous production factors and rely on employees working in jobs with harmful and (or) dangerous working conditions, guarantees and compensation;

Providing employees with personal protective equipment, as well as equipping workplaces with collective protective equipment;

Monitoring the state of working conditions in the workplace;

Organization of mandatory preliminary and periodic medical examinations workers;

Establishment of guarantees and compensations for employees;

Establishment of an additional rate of insurance premiums in Pension Fund Russian Federation, taking into account the class (subclass) of working conditions at the workplace;

Calculation of discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases;

Justification of financing measures to improve working conditions and labor protection, including at the expense of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases;

Preparation of statistical reporting on working conditions;

Solving the issue of the relationship of diseases that have arisen among workers with the impact on workers at their workplaces of harmful and (or) dangerous production factors, as well as investigating accidents at work and occupational diseases;

Consideration and settlement of disagreements related to ensuring safe working conditions between employees and the employer and (or) their representatives;

Determining the types of sanitary and domestic services and medical support for employees, their volume and conditions for their provision;

Making decisions on the establishment of restrictions provided for by labor legislation for certain categories of employees;

Estimates of the levels of professional risks and other purposes provided for by federal laws and other regulatory legal acts of the Russian Federation.

Identification of potentially harmful and dangerous factors of the production environment and the labor process involves comparing and establishing the coincidence of the existing factors at the workplace with the factors provided for by the classifier of harmful and dangerous production factors.

Identification is carried out by an expert on SUT at all workplaces. It is not carried out only in relation to jobs that, according to the results of the AWP, were recognized as harmful or dangerous and in relation to jobs of “listed” (employees whose professions belong to Lists No. 1 and No. 2 on guarantees and compensation). For this group of workplaces and for workplaces where OVPFs were identified, instrumental measurements, at which the level of impact on the employee is determined and the class of working conditions is established.

SOUT are subject to all jobs, with the exception of the workplaces of homeworkers, teleworkers and workers who have entered into an employment relationship with individuals who are not individual entrepreneurs.

The frequency of the assessment remains the same - 1 time in 5 years, except for jobs that received a positive assessment based on the results. For them, declaration is provided, i.e. confirmation of compliance of working conditions with state standards in the field of labor protection.

The decision on declaring is made by the expert on special assessment based on the analysis carried out during the identification of factors. The employer, having drawn up the declaration in the prescribed form, is obliged to transfer it to the Ministry of Labor. The document is valid for five years, which is automatically extended without any research, if there are no accidents and occupational diseases at the workplace.

An unscheduled SOUT is carried out within six months from the moment of the occurrence of the following circumstances:

1) in case of commissioning of newly organized workplaces;

2) in case of accidents or at the request of the trade union organization or the GIT;

3) based on the results of the state examination of working conditions, conducted in order to assess the quality of the SOUT;

4) in the case of taking measures to bring working conditions in line with state regulatory requirements for labor protection, as well as measures to improve working conditions;

5) in cases of replacement of production equipment, changes in the technological process, changes in the means of collective protection.

At the same time, for each workplace, a new map SOUT subject to changes and additions. The results of the repeated SOUT are drawn up by the relevant protocols, while filling out a new card SOUT or changes to the map SOUT previously drawn up. Newly organized jobs are certified after they are put into operation, but no later than 60 working days after they are put into operation.

results SOUT are the basis for creating a data bank of existing working conditions at the level of organization, district, city, region, republic. Information about the results SOUT communicated to the employees of the organization. Documentation SOUT are materials strict accountability and are subject to storage for 45 years.

In accordance with Decree of the Government of the Russian Federation of April 25, 2003 No. 244 “On approval of the Regulations on the State Expertise of Working Conditions in the Russian Federation” state control for the quality of the SOUT is assigned to the bodies of the State Labor Inspectorate and the State Expertise of Working Conditions in the Russian Federation. The head of the organization is responsible for the implementation of the SOUT.

The normative basis for conducting the SOUT are:

R 2.2.2006-05 "Hygienic criteria for assessing and classifying working conditions in terms of harmfulness and danger of factors in the working environment, the severity and intensity of the labor process";

Sanitary norms and rules, hygienic standards;

Model industry standards for the free issue of special clothing, special footwear and other personal protective equipment to workers and employees, approved by a decree of the Ministry of Labor of the Russian Federation with subsequent changes and additions;

List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the decision of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of 25.17.74 No. 298 / P-22 , with subsequent changes and additions;

Lists No. 1 and No. 2 of industries, jobs, professions, positions and indicators that give the right to preferential pension provision, approved by Decree of the Cabinet of Ministers of the USSR of 01.26.91 No. 10 and put into effect on the territory of Russia from 01.01. 92 by the Decree of the Council of Ministers of the RSFSR dated 02.10.91 No. 517 (with subsequent additions and clarifications);

Normative legal acts containing state regulatory requirements for labor protection.

For the organization and conduct of the SOUT, an appropriate order is issued, an attestation commission of the enterprise is created, the terms and schedule for the attestation work are determined.

At the same time, the composition attestation commission organizations include representatives of the employer, a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees. Managers may be included in the commission as representatives of the employer structural divisions organizations, lawyers, human resources specialists, labor and wages, the main specialists of the organization, medical workers and etc.

Certifying organization- an independent organization that provides services for attestation of workplaces in terms of working conditions to third-party organizations, which has a laboratory accredited in the prescribed manner for the right to measure and assess harmful factors working environment and the labor process, assessing the safety of workplaces, assessing the provision of workers with personal protective equipment. The attesting organization must be independent (not affiliated) in relation to the organization in which the attestation of workplaces is carried out.

The list of services in the field of labor protection, for the provision of which accreditation is required, and the Rules for the accreditation of organizations providing services in the field of labor protection were approved by order of the Ministry of Health and Social Development of Russia dated April 1, 2010 No. 205n "On approval of the list of services in the field of labor protection, the provision of which requires accreditation, and the Rules for accreditation of organizations providing services in the field of labor protection”. Certification of workplaces in terms of working conditions is included in the corresponding list of services.

Find out who to entrust the implementation of SOUT at the enterprise, what to look for when choosing experts, and which jobs are subject to inspection. You will find the form of the final report on the conduct of the SOUT in the article.

In the article:

Download useful documents:

What does the mandatory assessment of working conditions mean?

The concept of "" (SOUT) appeared in Russian legislation relatively recently and, like any new phenomenon, has raised many questions. Who should undergo a special assessment of working conditions, how to do it correctly and what threatens those who refuse to conduct it?

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Starting from 2014, after the entry into force of the Federal Law of December 28, 2013 No. 426-FZ, all employers are required to carry out the SOUT, regardless of the legal form and scope of the enterprise. This requirement applies to both legal entities and individual entrepreneurs. Exception from general rule are only individuals who do not have the status of individual entrepreneurs, but at the same time employ staff (for example, to help around the house), and religious organizations.

Order on conducting a special assessment of working conditions (with a schedule for conducting a special assessment)

★ SOUT is a very important procedure, since its results are reflected not only in the final report of experts, but also in employment contracts with employees: the law requires that working conditions be reliably prescribed at all workplaces, except for home-based and remote ones. Getting off with general phrases is not an option. If the GIT inspector finds that the conditions in the employment contract do not correspond to the real ones, disagree with the experts' report, or are not specified at all, the company may be fined 100,000 rubles.

What guarantees and compensations to provide to employees based on the results of a special assessment

Who should undergo a special assessment of working conditions

The procedure for conducting the SOUT is regulated by federal law. State and municipal institutions- the only ones who must undergo a special assessment of working conditions according to special rules established by regulatory legal acts on the municipal and state civil service. The state of jobs in all other enterprises, as in office space, and in production, is estimated according to common standard. At the same time, it does not matter who owns the company: branches and representative offices of foreign organizations must carry out SOUT if they are located on the territory of the Russian Federation.

Only two types of jobs are exempted from mandatory special assessment:

• cottage- for employees to perform work at home using their own materials and tools provided by the employer;
• - to perform work outside a stationary workplace, outside the territory or facilities owned by the employer (the employee himself chooses the place of work, and interaction with the employer is carried out using the phone, Internet, postal service).

If absolutely all employees of the organization work at home or remotely, the employer has the right not to conduct the SATS. But if at least small part of employees, for example, the staff of the administrative department, works in a premises rented or owned by the employer, a special assessment of their working conditions is necessary. Neither the frequent travel of employees, nor the constant performance of work on the territory of customers are considered legitimate cause to refuse from the SOUT for those who are obliged to conduct a special assessment of working conditions (Article 8 of Law No. 426-FZ, Articles 2 and 212 of the Labor Code of the Russian Federation).

How to reflect working conditions at a new workplace if a special assessment has not yet been carried out

★ Who should conduct a special assessment of working conditions in rented premises - the owner or the tenant? The law answers this question unequivocally: the employer who creates jobs is responsible for the implementation of the SAUT, and it does not matter which premises and facilities he uses - his own or rented.

Which organizations conduct a special assessment of working conditions

In order for the results of the SOUT to be recognized by official authorities, the procedure must be carried out by experts from an accredited organization that has received admission to this type of activity in accordance with Decree of the Government of the Russian Federation dated June 30, 2014 No. 599 . Experts are involved on the basis of a civil law contract for the provision of services.

The Contractor must:

• successfully pass accreditation in the manner prescribed by the order of the Ministry of Health and Social Development of April 1, 2010 No. 205n, and enter the list of accredited organizations published on the official website of the Ministry of Labor;
• prescribe in the statutory documents the conduct of the SAUT as the main type or one of the types of activities carried out;
• have at least five certified experts on staff, at least one of them must have higher education majoring in sanitary and hygienic laboratory research», « general hygiene”, “occupational health”;
• have their own accredited testing laboratory or center for the study of measurements of harmful factors in the production environment.

Anastasia Zaitseva, partner, head of labor law practice at Balashova Legal Consultants, tells how to write a condition on the results of a special assessment of working conditions in an employment contract

★ When choosing an artist, go through the list mandatory conditions: if at least one of them is not observed, do not conclude an agreement for the conduct of the SOUT. The report issued based on the results of such an assessment will be invalid, and the employer will lose both time and money. To avoid a fine, he will have to order and pay a special assessment again.

Who should conduct a special assessment of working conditions as an expert? Only a certified specialist who has passed certification for the right to perform work on the SOUT.

Need to get:

• complete higher education;
• additional professional education on labor protection issues (a course of at least 72 hours);
• experience practical work in the field of SUT for at least three years.

An expert certificate is issued only to persons who have passed all three stages of training!

Important! The certification rules are enshrined in Federal Law No. 426-FZ, and the procedure for the formation of the state register of experts and the form of the certificate - by order of the Ministry of Labor of December 24, 2014 No. 32n .

SOUT is carried out by organizations and entrepreneurs using wage labor unless we are talking about staff working remotely or from home. Therefore, every employer should know what a special assessment of working conditions is, whether it is necessary to carry out this event and where to find qualified experts. Make sure that the organization that will conduct the SUT has access to the laboratory and has at least five certified specialists listed in State Register experts, otherwise the assessment will have to be repeated.

the federal law dated December 28, 2013 No. 426-FZ(hereinafter - the Law) introduced a new procedure for the employer - a special assessment of working conditions, which replaced the certification of workplaces. That is, from the moment the Law comes into force, namely, from January 1, 2014, instead of attesting workplaces, the employer must conduct a special assessment of working conditions.

What is a special assessment of working conditions and why is it needed?

This assessment is a set of measures ( Part 1 Art. 3 Laws):

1. on the identification of harmful or dangerous factors of the working environment and the labor process;
2. by assessing the level of their impact on the employee.

According to its results, in particular ( Art. 7 Law):

• workers are provided with means of individual and collective protection;
• the guarantees and compensations for employees provided for by the Labor Code of the Russian Federation are established;
• preliminary and periodic medical examinations are carried out;
• an additional rate of contributions to the PFR is established;
• the discount (surcharge) to the insurance rate of contributions for "injuries" is calculated;
• being prepared statistical reporting about working conditions.

Whose working conditions are assessed?

As a general rule, a special assessment is carried out in relation to the working conditions (workplaces) of all employees.

However, there are several exceptions to this rule. Thus, working conditions are not subject to special assessment ( Part 3 Art. 3 Laws):

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

Who conducts the special assessment?

The employer must organize and pay for a special assessment, as before, and attestation of workplaces ( Part 1 Art. 8 Laws). At the same time, the assessment itself is carried out jointly by the employer and a specialized organization involved on the basis of a civil law contract ( Part 2 Art. 8 Laws).

When choosing such an organization, the employer should take into account the requirements imposed by the Law on specialized organizations, namely, st.st. 19-20.

When is a special assessment carried out?

A special assessment is carried out at least once every five years. The specified period is calculated from the date of approval of the report on its implementation (part 4 of article 8 of the Law). It does not matter whether harmful and (or) dangerous factors were identified during the assessment. That is, even if they are not identified, after five years the procedure will need to be carried out again.

It should be noted that earlier workplaces were exempted from attestation if, following its results, working conditions were recognized as safe (paragraph “b”, paragraph 8 of the Procedure for attestation of workplaces for working conditions, approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n).

Please note that there are cases in which it is necessary to conduct a special assessment earlier than after five years, that is, unscheduled. So, an unscheduled assessment is carried out if (part 1 of article 17 of the Law):

• newly organized workplaces are put into operation;
• the employer receives instructions from the state labor inspector to conduct such an assessment;
• changes technological process, production equipment is replaced, which is capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers;
• changes in the composition of the materials and (or) raw materials used that can affect the level of exposure to workers;
• changes in the means of individual and collective protection used;
• an accident at work has occurred (except for an accident caused by the fault of third parties) or Occupational Illness, the causes of which were the impact on the employee of harmful and (or) dangerous production factors;
• there is a motivated proposal of primary trade union organizations or other representative body of workers on such assessment.

How is a special assessment carried out?

A special assessment of working conditions consists of several stages.

Stage 1. Convocation of a special commission

Stage 2. Approval of the special evaluation schedule

Stage 3. Approval of the list of jobs subject to special assessment

Stage 4. Hiring a specialized organization that will carry out the assessment

The employer must conclude a civil law contract with the selected specialized organization.

Stage 5. Identification of potentially harmful and (or) hazardous production factors

Stage 6. Research (testing) and measurement of harmful and (or) hazardous production factors

Stage 7. Summing up the results of the special assessment

Stage 8. Familiarization of employees with the results of a special assessment

Stage 9. Posting information about the special assessment on the official website of the employer

Stage 10. Transfer of the results of the special assessment to the authorized body

The specialized organization is obliged to transfer the results of the assessment:

• until January 1, 2016 - to Rostrud (part 3 of article 28 of the Law);
• from January 1, 2016 - 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).

What classes and subclasses of working conditions exist?

Recall that, based on the results of a special assessment, classes (subclasses) of working conditions at workplaces are established (Part 2, Article 3 of the Law). The specified classes and subclasses are taken into account when determining the amount of the additional rate of contributions to the Pension Fund of the Russian Federation.

For more information about additional tariffs, see the Handbook " Insurance premiums for pension, medical and social insurance"

So, according to the degree of harmfulness and (or) danger, working conditions are divided into four classes (part 1 of article 14 of the Law):

• optimal - 1 class;
• admissible - 2 class;
• harmful - class 3;
• dangerous - 4th class.

Do employers who have conducted job evaluations need to carry out a special assessment?

If prior to January 1, 2014, the employer carried out certification of workplaces, then he may not conduct a special assessment in relation to these places within five years from the date of completion of certification (except for cases in which an unscheduled certification is carried out) (part 4 of article 27 of the Law ).

In this case, the results of attestation are used for the same purposes as the results of a special assessment.

However, it is worth noting that the employer has the right not to wait until these five years have passed, and to conduct a special assessment of working conditions.

Within what time period from the moment the Law comes into force should a special assessment be carried out?

A special assessment of working conditions can be carried out in stages, the main thing is that it be completed no later than December 31, 2018 (part 6 of article 27 of the Law). At the same time, it does not matter whether certification of workplaces was carried out earlier or not.

However, this rule does not apply to workplaces:

• employees, professions, positions, specialties of which are included in the lists, taking into account which the early appointment of an old-age labor pension is carried out;
• in connection with work on which guarantees and compensations are provided for work with harmful and (or) dangerous working conditions;
• where harmful and (or) dangerous working conditions were established based on the results of previous workplace certifications.

At the same time, the Law does not regulate the terms for conducting a special assessment in relation to these jobs. In our opinion, it should be carried out after five years from the date of certification.

Is there any liability for not conducting a special assessment?

The answer to this question is contained in paragraph 3 of Art. 11 of the Federal Law of December 28, 2013 No. 421-FZ, which made the appropriate amendments to the Code of Administrative Offenses of the Russian Federation. So, part 2 of the new art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for liability if the employer violated the procedure for conducting a special assessment or did not conduct it. According to the specified norm, such offenses entail a warning or a fine:

• for officials- from 5,000 to 10,000 rubles;
• for persons carrying out activities without education legal entity- from 5,000 to 10,000 rubles;
• for organizations - from 60,000 to 80,000 rubles.

For questions about conducting a special assessment of working conditions, contact a specialist in labor relations Administration of the Yegorlyksky district, room. No. 19, contact phone 23-7-68.

The administration of the Yegorlyksky district asks the heads of enterprises and organizations, individual entrepreneurs in order to take into account jobs in the territory municipality where a special assessment of working conditions has been completed, provide information on the special assessment of working conditions carried out.