Special assessment working conditions is the responsibility of all employers, provided for Labor Code. Let's consider the main aspects related to its organization and implementation.
A special assessment of working conditions (SOUT) is a system of measures to assess harmful and dangerous production factors affecting the employee.
The obligation to carry it out is established by the Labor Code of the Russian Federation (Article 212). The main regulatory document regulating the special labor conditions is the law of December 28, 2013 No. 426-FZ “On the special assessment of working conditions.” In addition, certain issues related to the implementation of SOUT are disclosed in more detail in Government decrees and documents of relevant departments (Ministry of Labor, Ministry of Health and Social Development).
A special assessment is mandatory for all economic entities (legal entities and individual entrepreneurs) using the services of employees. All jobs, both permanent and temporary, need to be assessed, even if we are talking about employees with a traveling nature of work.
SOUT is not carried out only in relation to the following categories of workers (clause 3 of article 3 of law No. 426-FZ):
For a specific employer, the deadlines for conducting special assessment work are established taking into account the transitional provisions provided for in Art. 27 of Law No. 426-FZ. The fact is that the special assessment is the “successor” of the one in force until 2014. workplace certification. Therefore, if at the enterprise before December 31, 2013. certification was carried out, then the SOUT may not be carried out for 5 years after it. The transition period ends on December 31, 2018, by which time all employers must carry out special assessments according to the new rules.
However, for certain categories of jobs, a special assessment should be carried out in as soon as possible without waiting for the end of the transition period. We are talking about workplaces with harmful and dangerous working conditions. Their categories are listed in paragraph 6 of Art. 10 of Law No. 426-FZ.
In addition, in the cases listed in paragraph 1 of Article 17 of Law No. 426-FZ, the assessment of working conditions in the workplace should be carried out outside the plan. First of all, this concerns the emergence of new jobs or significant changes in working conditions in existing places. In addition, an unscheduled special safety assessment is carried out after an accident, on the basis of an order from regulatory authorities or at the request of a trade union. The time frame for conducting an unscheduled SOUT is from 6 to 12 months, depending on the basis.
The employer selects an organization from the registry and enters into an agreement with it to conduct special labor training. The customer is obliged to provide the contractor with all documents and other information necessary for the work.
First of all, you need to select workplaces for the assessment and draw up a schedule, taking into account all the features of establishing the timing of the assessment, listed in the previous section.
The special assessment of working conditions itself consists of identifying and measuring harmful and dangerous production factors. Based on its results, each inspected workplace is assigned one of four hazard classes. The choice of class depends on the presence and intensity of the influence of these negative factors on the employee.
The results of the conducted SOUT are compiled in the form of a report, which must be signed by all members of the commission.
Information about the results of SOUT:
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The results of the conducted SOUT influence labor relations with employees and on contribution rates to extra-budgetary funds.
Employees whose jobs are recognized as harmful or dangerous (class 3-4) are entitled to various guarantees and compensation in accordance with the Labor Code of the Russian Federation and other regulations:
In addition, based on the results of the special labor safety assessment, measures for labor protection and improvement of its conditions are developed and implemented.
The Federal Insurance Service of the Russian Federation can provide a company with discounts (or, on the contrary, surcharges) to the current tariff for insurance against accidents and occupational diseases. The rules for providing discounts (allowances) were approved by Decree of the Government of the Russian Federation dated May 30, 2012 No. 524. The decision of the Social Insurance Fund regarding tariffs depends on the state of labor protection at the enterprise, one of the most important characteristics of which is the result of the special labor safety standard.
Also, the assessment of working conditions affects the calculation of additional contributions for compulsory pension insurance (Article 428 of the Tax Code of the Russian Federation). Determining specific classes and subclasses of working conditions for workplaces allows these contributions to be calculated more differentiated and, in most cases, to reduce the amount of payments.
The Administrative Code provides for sanctions for these violations both for employers and for specialized organizations conducting assessments.
For the first violation of the legislation on special labor conditions, employers receive a warning or are subject to the following penalties (clause 2 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):
If there is an employee on staff with whom an employment relationship has been formalized, it is mandatory to carry out (SOUT - Special Assessment - ed.), even if the enterprise is a small business. To none of them legal forms property, which contains the requirements for the SOUT procedure, does not contain restrictions. The only place where is in the workplaces of homeworkers, remote workers and persons who have entered into employment relationships with individuals who are not individual entrepreneurs (Individual entrepreneur - ed.).
Special assessment has become the main priority in labor legislation. The procedure involves identifying harmful and dangerous factors in workplaces through an in-depth analysis of local regulatory documentation and instrumental measurements. This allows you to either confirm the compliance of working conditions or assign compensation and benefits to employees when harmful and dangerous factors are identified, as well as develop measures to rationalize (improve) conditions.
Attempts to exclude or give privileges to small, medium and large businesses under the previously existing procedure - (ARM, - ed.) were made quite often. Over the long history of the procedure, it was only possible to influence the abolition of the assessment of the prevailing part of the jobs of office employees. Official amendments to the procedure for conducting automated work were made on December 12, 2012. But the new requirements had such a double meaning that they gave rise to even greater misunderstanding. A month later, the department sent clarifications to the Order, which stated that:
Statistics showed that most of the jobs met the requirements of points a and b, since out of 48.7 million jobs in the Russian economy, only 6 million jobs were certified.
When , small businesses also have requests to executive bodies authorities to cancel the procedure for it or apply relaxations in order to eliminate the financial burden, since the SOUT is a service of an independent appraiser. In particular, with numerous appeals from representatives to the Tyumen Regional Duma, the deputies decided to develop a bill “On amendments to Article 27 of the Federal Law “On special assessment of working conditions”, which proposes to impose a temporary moratorium on jobs related to small businesses . According to OK. Nevidailo, Commissioner for the Protection of the Rights of Entrepreneurs in the Tyumen Region:
Quote:‘The bill provides that the requirements of Federal Law No. 426-FZ will not apply to employers who are small and medium-sized businesses. Thus, it is possible to contain the deterioration of business conditions associated with. Also, this will give extra time to further improve this procedure in order to minimize negative economic consequences’
It is also assumed that a short delay will create a competitive market in the regions of the country, which will help curb unreasonable price increases and reduce the costs for employers to attract organizations from other regions.
Unfortunately, the problem of the lack of accredited laboratories or their limited number in many regions of the country is visible and visible. And this further affects the increase in the cost of services. For example, in Tyumen, employers often have to resort to the efforts of Moscow or organizations in Yekaterinburg, which include travel expenses in the cost of the service, hence the cost per unit of workplace can reach from 3,000 to 5,000 rubles. While if you order in local organization carrying out SOUT and assessing the workplace cost approximately from 1,500 to 2,300 rubles. There have been cases where in the Altai Territory, Khanty-Mansiysk Autonomous Okrug, customers were offered a price from 7,000 to 10,000 per workplace due to the workload of laboratories. Under such conditions, it is difficult to choose a service provider.
For your information, for one workplace at a “micro-business” enterprise is 1.5-2 times higher than the cost of a workplace unit in a large organization due to cost-effectiveness.
We also decided to check with the head of the central laboratory for the examination of working conditions of the Federal State Budgetary Institution "VNII of Labor Protection and Economics" of the Ministry of Labor of Russia "A.A. Lyubimova:
Quote:‘It is unlikely that such changes can be made, since any relief for small businesses could create some kind of conflict of interest with representatives big business. Because small businesses often also carry out complex types of work that can lead to injuries, serious occupational diseases and deaths among workers. And excluding them from the list would mean that workers in this category will simply remain unprotected. Violation of workers' rights must not be allowed. This approach is main task special assessments, and not suppression of small business interests’
The procedure for conducting SOUT is enshrined in law and in some parts contains fairly liberal provisions. For example, according to paragraph 6 of Article 27, for some workplaces, a special assessment can be carried out in stages and must be completed by December 31, 2018. However, the courts have ambivalent approaches to the interpretation this provision and make conflicting decisions (for example, Resolutions No. 11-11968/2014 dated November 11, 2014 and No. 33-5865/15 dated February 26, 2015), and fines for failure to carry out this event can amount to up to 200,000 rubles.
A special assessment of working conditions must be carried out for the first time within a period not exceeding 12 months from the date of creation of a new workplace. If the organization has been operating for more than 12 months, and workplace certification (AWC) or a special assessment of working conditions has never been carried out, then a special assessment must be carried out immediately or yesterday.
That is, the employee has the right to demand from the employer to provide information about the degree of risk to his health, which may be exposed to harmful or hazardous production factors (even sitting in front of a monitor screen). And if the employer does not provide him with such information, the employee has the right to receive this information contact the state supervisory authority for compliance with legislation.
In this case, the employer will face a fine of up to 80,000 rubles and a written order on the need to organize a special assessment. Otherwise, you may face administrative suspension of the enterprise for up to 90 days.
The validity period of the special assessment of working conditions is 5 years. The passage of time begins from the date of approval of the assessment report for each individual workplace. The results of this event can be reduced to two options:
If during the special assessment no harmful and dangerous production factors are identified, such a workplace is subject to declaration to the territorial body federal service on labor and employment for compliance with working conditions regulatory requirements labor protection.
In this case, if over the next 5 years there is no reason to conduct an unscheduled special assessment in relation to this workplace, then after this period there is no need to carry out a second assessment, the validity of the declaration is considered automatically extended.
And the law does not say in what time frame the SOUT needs to be done in the future (if it needs to be done at all).
In this case, the validity period of the special assessment of working conditions is 5 years. Moreover, this does not mean that five years have passed and we need to start organizing a new special assessment. By the end of the five-year period, the employer must have ready-made certification results, that is, no interruption is allowed.
ARM is essentially the same as a special assessment, only with a different name. Therefore, if the employer carried out automated workplace work before 01/01/2014, then current legislation allows him not to organize or carry out any additional activities for the entire period of validity of the SOUT, up to the date of expiration of the results of this certification, of course, unless there are grounds for conducting an unscheduled SOUT.
If circumstances arise for conducting an unscheduled special assessment, the legislation provides for two time periods - 6 and 12 months, depending on the reason.
A special assessment of working conditions must be carried out within the specified time if:
The SOUT must be carried out within the specified time if:
From the date of approval of the report on the results of the SOUT, the employer is obliged to:
It is established by order of the employer when organizing this event at the stage of forming the commission.
It is 45 years, but if, as a result of the special assessment and safety assessment, harmful or dangerous production factors are identified and working conditions are appropriately classified according to their hazards and dangers, such materials must be stored for 75 years.
Materials based on the results of the special assessment are valid for the entire period of establishment of the corresponding hazard class or the validity period of the declaration of compliance of working conditions with state regulatory labor protection requirements.
15.09.2016 10:47:00
Since 2014, all employers are required to conduct a special assessment of working conditions in workplaces, which was introduced instead of certification of workplaces, in order to determine the harmful and dangerous factors affecting workers (Article 212 of the Labor Code of the Russian Federation, Federal Law of December 28, 2013 No. 426 -FZ “On special assessment of working conditions”). Let's consider the features of this procedure.
WHO AND WHEN?
A special assessment of working conditions at workplaces (special assessment) is understood as a single set of consistently implemented measures to identify harmful and dangerous production factors and assess the level of their impact on the employee. Based on the results of a special assessment, classes and subclasses of working conditions are established for different categories of workers. The results of a special assessment of working conditions are used, in particular, to provide employees with guarantees and compensation provided for by the Labor Code of the Russian Federation, as well as to establish additional tariffs for insurance contributions to the Pension Fund of the Russian Federation, calculate premiums (discounts) to the tariff of contributions for compulsory social insurance against accidents at work and occupational diseases and justification for financing measures to improve labor protection conditions ( Art. 7 of Law No. 426-FZ).
This procedure is mandatory for absolutely all employers with employees, without exception, including individual entrepreneurs. There is no need to conduct a special assessment of working conditions for homeworkers and workers who work remotely (Part 3, Article 3 of Law No. 426-FZ). Despite the mandatory special assessment, many employers are in no hurry to carry it out.
By general rule A special assessment of working conditions must be carried out at least once every five years, if there are no grounds for an unscheduled assessment (Part 6, Article 27 of Law No. 426-FZ). The specified period is calculated from the date of approval of the report on the previous assessment of working conditions (Part 4, Article 8 of Law No. 426-FZ). It is carried out jointly by the employer and a specialized organization that meets the requirements of Art. 19 of Law No. 426-FZ, in accordance with the Methodology, which was approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n (Part 2 of Article 8 of Federal Law No. 426-FZ).
However, this rule is valid only from January 1, 2014, therefore Law No. 426-FZ establishes transitional provisions regulating the time frame within which the first special assessment of working conditions must be carried out. At the same time, the timing of the planned special assessment depends on whether the certification of workplaces was carried out before 2014.
If a certification was previously carried out in relation to workplaces, then a special assessment in relation to such workplaces may not be carried out within five years from the date of completion of this certification, except in cases where the circumstances specified in Part 1 of Art. 17 of Law No. 426-FZ. At the same time, the results of workplace certification can be used during this time for the purposes of a special assessment, but no later than December 31, 2018 (Article 7 of Law No. 426-FZ). In particular, the results of workplace certification are used to determine the additional tariff for insurance contributions to the Pension Fund of the Russian Federation. Thus, if there are current results of workplace certification, according to which working conditions are recognized as harmful and dangerous, differentiated tariffs for additional contributions to the Pension Fund from 2 to 8% are applied (Part 2.1 Article 58.3 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund", Letters of the Ministry of Labor of Russia dated 04/24/2015 No. 17-3/B-215, dated 03/13/2014 No. 17-3/B-113, dated 04/18/2014 No. 17- 3/B-171). If, based on the results of certification, optimal or acceptable conditions are established, then an additional tariff of 0% cannot be applied. In this case, as well as in the absence of certification results, additional contributions to the Pension Fund of the Russian Federation should be paid at general rates of 9 and 6% depending on the field of activity (parts 1 - 2 of article 58.3 of Law No. 212-FZ and clause 1 , 2 Article 33.2 of the Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation”, Letter of the Pension Fund of the Russian Federation dated February 12, 2014 No. NP-30-26/1707).
At the same time, the employer has the right to conduct a special assessment in the manner established Federal law No. 426-FZ, and before the expiration of the existing workplace certification results (Part 4, Article 27 of Law No. 426-FZ). Moreover, for the month in which the special assessment report was approved, contributions on additional tariffs are paid only from that part of the payments accrued for the period from the date of approval of the report to the end of the month (Letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3/B- 113).
If workplace certification has not been carried out previously, as a general rule, the special assessment must be completed before December 31, 2018. Moreover, the norms of Part 6 of Art. 27 of Law No. 426-FZ provides that a special assessment can be carried out in stages (Letters of the Ministry of Labor of Russia dated October 20, 2015 No. 15-1 / OOG-5597, dated December 8, 2014 No. 15-1 / B-1829). The phased approach involves conducting a special assessment not of all jobs at once, but only of a part of them. The list of such jobs is determined by the commission.
There are exceptions to this rule. The provision that the special assessment must be completed before the end of 2018 does not apply to the workplaces of employees specified in Part 6 of Art. 10 of Law No. 426-FZ. These are the jobs of employees whose professions and specialties are included in the lists, taking into account which the early assignment of an old-age labor pension is carried out; workplaces of workers who 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 of workplaces for working conditions or a special assessment of working conditions, harmful and (or) dangerous working conditions were established (Letter of Rostrud dated December 8, 2014 No. 15-1/B-1829).
At the same time, Rostrud, in Letter No. 2628-6-1 dated November 20, 2015, indicated that a special assessment of those jobs for which there are no valid job certification results should be carried out as soon as possible.
However, the Supreme Court of the Russian Federation, in Resolution No. 36-AD15-5 dated January 22, 2016, confirmed that a special assessment of working conditions for a position not specified in Part 6 of Art. 10 of Law No. 426-FZ, and in the absence of grounds for conducting an unscheduled special assessment, it can be carried out no later than December 31, 2018.
Previously, judicial practice on this issue was contradictory. Some courts believed that it was impossible to postpone a special assessment if the organization had not carried out certification of workplaces. Such conclusions were made in the Appeal rulings of the Arkhangelsk Regional Court dated March 23, 2015 in case No. 33-1316/2015, and the Moscow City Court dated February 26, 2015 in the case№ 33-5865/15 .
However, there is a decision in which the court indicated that if there are no workplaces containing potentially harmful or hazardous factors, a special assessment of working conditions can be carried out in stages and must be completed no later than December 31, 2018 (Appeal definition Chelyabinsk Regional Court dated November 11, 2014 in case No. 11-11698/2014).
Therefore, it is possible to carry out a stage-by-stage special assessment of working conditions in relation to the workplaces of employees not specified in part 6 art. 10 of Law No. 426-FZ:
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whose professions, positions and specialties are not included in the lists, taking into account which an early labor old-age pension is assigned;
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working conditions in which are not recognized as harmful or dangerous.
RESPONSIBILITY
Violation of the terms and procedures for conducting special assessments at workplaces is a violation of labor protection requirements. Therefore, if the organization does not conduct a mandatory special assessment of working conditions, this will be classified as a violation of labor protection requirements.
From Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation it follows that an employer’s violation of the established procedure for conducting special assessments at workplaces or failure to conduct one shall entail a warning or the imposition of an administrative fine:
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on officials and persons carrying out entrepreneurial activity without forming a legal entity,-
in the amount of 5,000 to 10,000 rubles;
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for legal entities-
from 60,000 to 80,000 rub.
For repeated violations, a more severe penalty is provided in the form of:
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a fine in the amount of 30,000 to 40,000 rubles. or disqualification for a period of one to three years-
for officials;
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from 30,000 to 40,000 rubles. or administrative suspension of activities for up to 90 days-
for individual entrepreneurs;
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from 100,000 to 200,000 rub. or administrative suspension of activities for up to 90 days - for organizations.
Such liability is provided for in Art. 5.27.1 Code of Administrative Offenses of the Russian Federation.
SOME FEATURES
Working conditions in the workplace for a newly registered organization are also subject to a special assessment (Part 1, Article 17 of Law No. 426-FZ). A change of office is also the commissioning of newly organized workplaces. Accordingly, an unscheduled special assessment of working conditions should be carried out at these workplaces. In the situations described, a special assessment is carried out within six months from the date of commissioning of new workplaces (Part 2 of Article 17 of Law No. 426-FZ).
In order to reduce the costs of conducting a special assessment, employers may not conduct it at all workplaces. When similar jobs are identified, a special assessment is carried out only in relation to 20% of them, but at least in two places. The results of the special assessment apply to all similar workplaces (Part 1, Article 16 of Law No. 426-FZ).
Workplaces that are located in one or more of the same type are recognized as similar. production premises, equipped with the same ventilation, air conditioning, heating and lighting systems (Part 6, Article 9 of Law No. 426-FZ). They also have the following characteristics:
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profession, position, specialty of the same name;
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using the same production equipment, tools, devices, materials and raw materials;
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performing identical job functions in the same working hours while maintaining the same type of work technological process;
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provision of identical personal protective equipment.
An unscheduled special assessment is only necessary in certain cases:
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when new jobs appear at the enterprise;
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if she is appointed by the labor inspectorate;
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when changing the technological process, replacing equipment, replacing materials and raw materials used, replacing personal or collective protective equipment, provided that these changes will affect the level of harmful and dangerous factors;
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if an accident or occupational disease occurs;
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at the initiative of the trade union.
A special assessment should be carried out within six months from the date of occurrence of any of the listed situations (Part 2 of Article 17 of Law No. 426-FZ). In this case, it is necessary to evaluate only those workplaces where changes have occurred or for which orders have been issued. An unscheduled special assessment is carried out in a manner identical to the procedure for conducting a planned special assessment.Important! The results of certification of workplaces that were issued after December 31, 2013 cannot be used (Letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3/B-113).
T. Nechaeva,
leading consultant DKPO group of companies "U-Soft"
Source: “EZh-Lawyer”, No. 15, 2016 (material posted in SPS ConsultantPlus); electronic resource: consultant.ru.
Find out who to entrust with the implementation of SAS 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 SOUT in the article.
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The concept of "" (SOUT) appeared in Russian legislation relatively recently and, like any new phenomenon, raised many questions. Who should undergo a special assessment of working conditions, how to do it correctly and what threatens those who refuse to carry it out?
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Starting from 2014, after the entry into force of Federal Law No. 426-FZ of December 28, 2013, all employers are required to carry out special assessment and training procedures, regardless of the legal form and field of activity of the enterprise. This requirement also applies to legal entities, and for individual entrepreneurs. The only exceptions to the general rule are individuals who do not have the status of individual entrepreneurs, but at the same time hire staff (for example, to help with housework), and religious organizations.
Order to conduct a special assessment of working conditions (with a schedule for the 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 reliably specifying working conditions in all workplaces, except for home-based and remote ones. Getting away with general phrases is not an option. If the GIT inspector finds that the conditions in employment contract do not correspond to real ones, diverge from the expert report or are not indicated at all, the company can be fined 100,000 rubles.
What guarantees and compensations should be provided to employees based on the results of a special assessment?
The procedure for conducting SOUT is regulated by federal legislation. State and municipal institutions- the only ones who must undergo a special assessment of working conditions according to special rules established by regulations on municipal and state civil service. The condition of workplaces at all other enterprises, both in office premises and in production, is assessed according to a general standard. In this case, it does not matter who owns the company: branches and representative offices of foreign organizations must carry out special assessment procedures if they are located on the territory of the Russian Federation.
Only two types of jobs are exempt from mandatory special assessment:
If absolutely all employees of an organization work from home or remotely, the employer has the right not to carry out SOUT. But if at least a small part of the employees, for example, administrative department personnel, work in premises rented by the employer or owned by him, a special assessment of their working conditions is necessary. Neither the frequent travel of employees nor the constant performance of work on customer premises are considered a legitimate reason for refusing 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).
★ Who should conduct a special assessment of working conditions in rented premises - the owner or the tenant? The law answers this question unequivocally: the responsibility for carrying out special labor and training activities lies with the employer, who creates jobs, and what premises and facilities he uses - his own or rented - does not matter.
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 access to this type of activity in accordance with Decree of the Government of the Russian Federation dated June 30, 2014 No. 599 . Experts are attracted on the basis of a civil contract for the provision of services.
The contractor must:
★ When choosing an artist, go through the list mandatory conditions: if at least one of them is not met, do not enter into an agreement to conduct the Special Operations Operations. The report drawn up 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 for the 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 according to SOUT.
You need to get:
An expert certificate is issued only to persons who have completed all three stages of training!
Important! The certification rules are enshrined in Federal Law No. 426-FZ, and the procedure for forming the state register of experts and the form of the certificate are by order of the Ministry of Labor dated December 24, 2014 No. 32n .
SOUT is carried out by organizations and entrepreneurs that use hired labor, unless we are talking about personnel working remotely or at 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 assessment has access to a laboratory and has at least five certified specialists included in the state register of experts, otherwise the assessment will have to be repeated.
