Occupational safety and health at enterprises is given paramount importance in many countries of the world, and modern Russia does not lag behind them. Thus, many large companies establish a corresponding position, and responsible persons are obliged to ensure the proper level of safety in the workplace, as well as monitor compliance with requirements that ensure the safety of personnel at work. The result of the work of such professionals is written reports submitted to management at the end of a certain period, most often once per quarter or calendar year.
What is a SOUT report and why is it needed?
A report on a special assessment of working conditions is an official document, which is drawn up by experts, aimed at identifying indicators that negatively affect the work activities of enterprise personnel.
Special inspection of working conditions
Thus, in accordance with the current legislation, namely 426-FZ, standard indicators of harmful factors are determined, and the responsible person, after conducting a series of studies, fills out the appropriate sheet, checking how the actual assessment criteria coincide with the theoretical ones.
The SOUT report has the following features, regardless of the type of enterprise for which it is compiled:
- It is completed by specialized companies that have the appropriate permits and full-time experts with permits to carry out this type of work.
- The purpose of the report is to identify the class of working conditions at a particular enterprise and determine the size of the budget expenditure to fulfill all inspection requirements. In total, there are 4 classes of conditions - optimal (class 1), as a rule, relate to offices and enterprises with the absence of harmful factors, acceptable (class 2), harmful (class 3) and dangerous (class 4). This classification affects the seriousness of ensuring safe working conditions for employees, as well as the amount of insurance compensation in the event of a negative impact on them from various damaging factors.
- The document is drawn up in several copies, and the company management is obliged to submit one of them to the Labor Inspectorate and other government departments in order to avoid the imposition of penalties.
- The report is based solely on harmful production factors that are identified by the expert during the inspection. This may include the environmental situation in production, standards for the number of workplaces per unit area, their illumination, the severity of working conditions, the presence of recreational and household premises, ensuring the proper level of personnel safety and other criteria.
Important! The greatest attention to environmental safety standards is paid at large industrial enterprises, where there are real risks of exposure of people to harmful factors that pose a danger to health and life.
Who submits a declaration for a special assessment of working conditions
This function is assigned to the employer or his authorized representative. The paper is submitted to the labor inspectorate within 30 days from the date the special assessment report is approved. Submission form allowed:
- personal (visiting the state labor inspectorate and handing over documents in person);
- electronic (transmitted digitally on the official website of the Federal Labor Service and must be signed with an electronic digital signature);
- by mail (with inventory and notification of delivery).
The SOUT declaration is submitted electronically on the labor inspectorate website, and in paper form - directly to the inspector. The department is obliged to check the submitted declaration on jobs within a period of up to 10 working days and, if everything is completed correctly, accept and register the document. If the paper contains errors or is missing necessary information, it is returned for revision.
Report on a special assessment of working conditions - sample
In order to correctly draw up this document, you must have an approved form, regulatory and actual indicators of harmful production factors, as well as a sample of how to correctly fill out the report.
List of workplaces for special assessment of working conditions (sample)
The following official data is always indicated on a pre-prepared form:
- All available details of the enterprise, including name, legal and actual addresses, data from constituent documents.
- A complete description of all work areas where field research was carried out.
- List of identified harmful production factors for each workplace.
- Description of the protocols in accordance with which the inspection was carried out - measurements, analyzes with the obligatory indication of the brand of devices, the presence of their accreditation for the possibility of use in the Russian Federation and verification documents.
- Parameters for assigning ratings after tests, depending on the assigned class of working conditions.
- Specification of test results in tabular form in accordance with the approved sample.
- If the actual indicators deviate from the normative ones, the expert gives a list of recommendations to eliminate the problem.
- The final conclusion of the responsible official after the inspection.
Important! When conducting research, a commission is created consisting of a representative of the inspecting organization, a responsible person from the enterprise - a labor protection engineer, or the immediate operational manager, and in some cases - a representative of the local labor inspection department or a member of the administration.
Each of the listed persons gets acquainted with the report on the SOUT and puts his signature if he agrees with the data provided. A leader is selected from among the appointed members of the commission, who must approve the report after its preparation and execution.
Only after all members of the commission sign in the columns assigned to them does the document acquire legal force and can be submitted to a higher authority.
Where to submit the declaration
Federal Law 426 determines where and in what time frame to submit a declaration on SOUT in 2021: the document is sent to the state labor inspectorate to the unit at the place of registration of the organization within 30 working days from the date the employer approved the report. When sending a report to the inspectorate, employers attach a covering letter. It does not have a set form. The letter contains a list of documents that the employer sends to the labor inspectorate.
This is what a sample cover letter for a declaration on SOUT looks like, prepared for sending to the State Tax Inspectorate:
Further use of the report
SOUT (special assessment of working conditions) card
After receiving a report from the organization that conducted the special assessment, the management of the inspected enterprise must take the following steps:
Title page of the SOUTH report
- Approve the title column of this form with your own signature and stamp of the legal entity.
- Establish feedback with the inspecting organization, informing about the approval of the report. To do this, you need to send a scanned copy of the signature sheet to your email address.
- Having received a copy of the report, the inspectorate sends it to the FSIS, or the Federal State System for recording the results of the SOUT, for inclusion in the database.
- Next, the management of the enterprise, in accordance with the articles of Federal Law 426-FZ, draws up and submits a specialized declaration to Rostrud by means of a personal visit to the department of the institution, sending a letter with an accompanying document including a list of the contents of the envelope, or through the Internet portal of a government organization, subject to receipt of an electronic signatures for a legal entity.
Important! This declaration has a limited shelf life - 5 years from the date of approval by the head of the SOUT commission. After the period specified in accordance with the law, the inspection must be carried out again with the subsequent submission of reports.
What information about a special assessment should be posted on the organization’s website so as not to break the law.
Main:
— The employer will break the law if he publishes the entire report on the SOUTH on the website;
— For the absence of SOUT results on the website, the fine is the same as for failure to carry out SOUT;
— You only need to post two documents on the official website;
— To find out if an organization has a website, GIT will make a request to Roskomnadzor.
In practice, employers often ignore the requirement to post the results of a special assessment of working conditions on the website - they are afraid to disclose personal data of employees, consider it insignificant, or simply forget. Moreover, for violating this requirement, the organization can be fined in the same way as if the SOUT had not been carried out at all. We figured out why and what specific information needs to be posted on the site after the SOUT, so as not to break the law.
What documents to upload to the site after SOUT
The action plan in the SOUT report: why it is and whether it is necessary to implement it.
On the official website of the company they post summary data on what classes of working conditions have been established at workplaces as a result of special labor conditions, and a list of measures to improve working conditions. This must be done within 30 calendar days from the date of approval of the report (clause 6 of Federal Law No. 426-FZ of December 28, 2013; hereinafter referred to as Law No. 426-FZ).
After the experts prepare the report and the employer signs it, make scanned copies of two sections from the special assessment report: the summary statement and the list of activities. The summary statement consists of two tables, which indicate how many jobs the employer assessed and what classes and subclasses of working conditions the experts established for them. The list of activities is compiled in the form of a table, which states which activities experts recommend that the employer take to improve working conditions.
The summary statement and list of activities contain general information about the results of the special assessment, but do not disclose the personal data of employees.
Post only these two documents on the Internet in order to comply with the procedure and not violate the requirements of the Personal Data Law.
If the employer publishes the entire report on SOUT, including cards where SNILS is indicated, he will violate the confidentiality of personal data of employees ( Article 7 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”; for violation you will be fined under Article 13.11 Code of Administrative Offences).
Upload scanned copies of the two documents to the official website of the organization. There are no requirements in the law about which specific section of the site to post the results in. In practice, documents are uploaded to the “About the Company” section, where a separate tab “Data on the results of a special assessment of working conditions” is created. This is convenient for employees of the organization, applicants and inspectors, and also does not interfere with customers getting acquainted with the company’s products or services.
Post a summary statement and list of activities from each SOUTH report. For example, the site should have several reports if the procedure is carried out in stages or after an unscheduled special assessment. It is convenient to upload documents to the same website tab, which was first created for data on SOUT.
Example.
The employer Peter carried out special assessment and assessment work at 50 workplaces, received a report on the results and posted scanned copies of the summary statement and list of activities on the official website. A year later, he assessed another 25 new jobs and received another report. Peter scanned the results from it again and posted it on his website in the same tab where he uploaded last year’s documents.
Why post SOUT results on the website.
It is the employer’s responsibility to post summary information about the results of a special assessment of working conditions on the website. It is as significant as, for example, familiarizing employees with the results or approving the composition of the commission. For failure to comply with this requirement, the inspector will fine the organization in the amount of 60 thousand to 80 thousand rubles. (clause 2 of article 5.27.1 of the Administrative Code). The State Tax Inspectorate will fine you under the same article if the SOUT is not carried out at all.
Information about the results of a special assessment on the website allows applicants and employees to learn about working conditions at any time and assess whether the employer is committed to making the work of its employees safe. For example, reports on unscheduled safety and health measures, as a result of which working conditions in the workplace have improved, help job seekers understand that the employer cares about the health of its employees. Even if there was no unscheduled SLA, the main report will help to understand whether the employer is complying with the law.
For an applicant who is an occupational safety specialist, the results of the OSH on the website will help him understand how many company employees are employed in workplaces with hazardous working conditions. This will give an idea of the possible volume of work in the company.
Source: portal “Trukhrana.ru”
Results
Thus, inspections of employers’ compliance with the requirements of the Special Labor Standards are carried out in relation to the majority of workplaces only from 2021.
The initial inspection is carried out in an automated manner, then violators will be identified during scheduled and unscheduled inspections by the State Labor Inspectorate. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Results of GIT inspections and possible liability
The results of an inspection according to the SOUT on the basis of clause 12 of the Regulations are formalized in an act that is handed to the authorized representative of the person being inspected. It, among other things, indicates the identified violations with reference to the violated norms of legislation. If non-compliance with the requirements is revealed during the inspection of the SOUT, the employer is issued an order to eliminate the violations.
For failure to comply with the requirements for conducting a special assessment, the organization or individual entrepreneur will be held administratively liable. The sanction for this act is provided for in Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, and as a measure of liability a warning may be issued or an administrative fine may be imposed:
- 5−10 thousand rubles. for officials;
- the same size for individual entrepreneurs;
- 60−80 thousand rubles. in relation to organizations.
Bringing to responsibility does not relieve one from fulfilling the obligation to carry out special assessments.
Where to see the results
The company where the audit was carried out cannot view the results of the verification of the submitted information. If there is a need for this, contact the company that contributed the results. Based on the submitted application, a response will be generated and given in writing or orally. If Rostrud has any comments regarding the employer’s activities, the company will notify you about this.
Thus, reporting to the state for fulfilling the requirements regarding the working conditions of citizens is mandatory from the point of view of legislation. Additionally, every employer must be liable to its employees for damage to their health.
*Fine amounts are current as of August 2021.
Definition of SOUT
What is SOUT - a procedure that identifies all hazards that affect an employee at the place of work. Depending on the potential harm that is possible for an employee, there are 4 hazard classes. The first 2 classes are not dangerous to health, class 3 hazards can cause chronic occupational diseases, and class 4 poses a direct threat to life.
Summary data is received by the federal state information system of the results of SOUT for planning methods and means of protecting the health of working people.
GIT fines for lack of data in FSIS SOUT
Penalty for lack of SOUT
Transferring data is the responsibility of every enterprise that has a certain hazard class in working conditions. The presented obligation corresponds to Article 18 of Federal Law No. 426. If this is not the case, the general director of the company may be brought to administrative liability under Article 14 of the Code of Administrative Offenses of the Russian Federation. For this fact, a fine of 30 to 50 thousand rubles is imposed.*
At the enterprise, inspection is carried out only by an accredited company that has the right to carry out special inspection. It is she who must enter information into a single database no later than 10 days after the report is generated. Therefore, responsibility for the lack of data lies with the general director of the verification company, and not with the enterprise itself. But sometimes unusual situations arise when organizations conducting special assessments cannot enter the enterprise due to the fault of its director. In this case, he is responsible.
