Register of experts from organizations conducting special assessments of working conditions.

1. Process for submitting a declaration of conformity with working conditions
2. Declaration form
3. Regulations

Attention! Important changes

On May 1, 2021, Federal Law No. 136-FZ of May 1, 2016 “On Amendments to Article 11 of the Federal Law “On Individual (Personified) Accounting in the Compulsory Pension Insurance System” and the Federal Law “On Special Assessment of Working Conditions” came into force. . From this moment on, the procedure for submitting a declaration of conformity with working conditions has undergone changes.

After May 1, 2021, you can submit a declaration for those jobs where working conditions are considered optimal or acceptable. In the future, special safety assessments may not be carried out at such workplaces if, within 5 years, no work-related injuries or occupational diseases were recorded at the workplaces for which the declaration was submitted.

What is a SOUT declaration

Federal legislation provides for special types of certification of positions and workspace of an enterprise. It is the responsibility of all employers in relation to their workplaces and employees to determine the current and actual state of hazards at work. As a result of such an assessment, specialists from a certified organization identify dangerous and harmful factors in production, which accordingly allows workers to receive an appropriate bonus for carrying out work activities in specific conditions.

Model declaration of special assessment

Such a check also makes it possible to develop an effective list of measures and means to prevent the occurrence of emergency and dangerous situations at work. The development of such measures is carried out by the responsible occupational safety specialist at the enterprise. Also, the approved declaration allows the organization to carry out its activities without violating federal legislation on labor protection. All organizations are required to submit such a declaration for approval by a government agency. The result of such an assessment should be submitted in completed form in accordance with the procedure for registering applications with government agencies.

The declaration on labor protection is a special normative act, which is drawn up based on the results of a special assessment, which is carried out in organizations, regardless of the form of work activity.

Important! State bodies constantly carry out inspection activities in relation to enterprises of various forms of activity, including for the presence of a declaration of assessment. If the absence of such verification, as well as other violations in the documentation, is detected, the state labor inspectorate imposes an administrative fine on the company management and responsible persons.

Stages of organizing and conducting events

Purpose

Like all laws and various registers, this one also has a fundamental meaning that it brings into the environment with purely good intentions in order to resolve any disputes, as well as many more main theses of this kind of introduction, namely:

1. The main purpose is, of course, a full scan of the entire production as a whole in order to identify absolutely any safety deviations that could seriously threaten the health of all employees of a particular company as a whole. Therefore, this measure is strictly suppressed if it is not carried out on time.
2. Also, the purpose can be attributed to what is called an examination of all employees without exception. This is done exclusively for preventive purposes, so that subsequently the organization does not suffer losses, but works according to the set norm without obstacles.
3. A secondary merit of this type of verification is the fact that after its completion, the entire organization will be determined to have a specialized section in the entire registry that is suitable only for them based on the fundamental factors described above. And all this represents, in a way, the reputation of the enterprise; if it is directed in a positive direction, it can attract some sponsors; such an action is one of the key to transforming its profits several times.

Where to submit a declaration of conformity with working conditions

Declaration on SOUT: where to submit, who submits the report

The Rostrud declaration form is submitted to the authorized state body exercising supervisory and control functions in the field of labor protection. The submission of such a package of documentation for inclusion in the register of SOUT declarations can be carried out either independently by the head of the organization, or if there is a power of attorney to another person. The cover letter is filled out according to the sample that is available at the labor inspectorate. In addition, the employer is obliged to check, submit and submit a register of declarations of compliance with working conditions within the period established by law.

Delivery must be made within 30 days from the end of the inspection; responsible persons are required to attach all necessary documents. The labor inspectorate checks the compliance of documents with legal requirements, evaluates the proper level of elaboration of materials and the presence of errors in identifying dangerous or harmful factors. Such an audit should identify all shortcomings and inconsistencies with current labor protection legislation.

Illustration of the application of the results of a special assessment

Detailed overview of the public register of SOUT declarations

Covering letter for the declaration on SOUT (sample)

The public register is an information platform that contains only current information about organizations and enterprises that have undergone an assessment of working conditions and confirmed their status with the labor inspectorate. Data in the platform is available to all users after completing the registration procedure. The register contains the following information:

• Name and information about the organization that underwent the procedure, with the full name and specifics of the activity;
• Information about the timing of completion and the result of the assessment of working conditions;
• Data about the community that conducted the labor assessment in the specified institution, as well as information about the company’s license and its current validity period;
• Information about the results of the inspection, that is, the presence of dangerous and harmful production factors that were discovered during the inspection.

Based on the totality of this information, a worker can determine the degree of danger of such production and the level of implementation of the rights of specialists in a given company.

The procedure for implementing such a procedure in all organizations

Information entered into the register

The register contains the following information about the organizations included in it (clause 13 of resolution No. 599):

1. Name and location. If there are branches and representative offices, information is indicated for each of them.
2. INN, ORGN.
3. Registration number in the register.
4. Date of inclusion in the register.
5. Date and reason for suspension of activities related to carrying out the Special Operations Operations.
6. Date and reason for resumption of activity.
7. Date and reason for exclusion from the register.

Decisions of the Ministry of Labor to include a company in the register, records of suspension, resumption of activities or exclusion from the register are the basis for the company’s admission to conduct special assessment work or for a ban on conducting this activity.

Deadline for filing a declaration

SOUT schedule: sample filling

The deadline for submitting the relevant package of documents is also established by law. The employer must meet the 30-day deadline after implementation of verification activities. During this period of time, a package of documentation is submitted to the state labor inspectorate, which reviews the declaration for compliance with labor legislation and compliance with legal requirements, as well as taking into account the rights of workers. After reviewing these acts, the inspectorate automatically sends a declaration for inclusion in the general register and, accordingly, the information database for public access on the Internet. This procedure is carried out within 10 days after receiving confirmation of compliance of documents with legal requirements.

During this period, information system specialists are required to enter a corresponding declaration into the general database for open access. In case of violation of this deadline, the employer has the right to write a claim to the government agency indicating the missed deadline and violation of the law.

Regulatory and practical application of the results of assessing working conditions in an organization

Responsibilities of organizations

As in all legislative actions, this one has a unique algorithm of responsibilities, which is the main collection of all kinds of activities, namely:

• The fundamental duty is solely that when contacted by any of the founders or even influential employees, the company conducting the audit is obliged to provide the full range of conclusions that followed immediately after completion.
• At the request of the general director of the agency being inspected, show the relevant documents about the presence of the authority to carry out such actions as a special inspection of working conditions.
• Apply the rules established by the state, and also do not violate the boundaries of what is permitted to this company.
• Keep the results obtained strictly secret from prying eyes, do not reveal information unless there is any need for this kind of action.

Validity period of the declaration

The validity period of this declaration and, accordingly, the time of placement in the information register coincides with the period of the next assessment of working conditions. By law, this period is set at 5 years from the date of approval by the state inspection of the results of the current assessment. Until then, information about the current assessment with all additional data will be posted in the public register.

Note! After such a period has passed, a note will be placed indicating the expiration of the current period and, accordingly, the invalidity of the current information for users.

However, after a year has passed since the deadline was missed, information about the organization passing the assessment will be transferred to the archive and will not be available to ordinary users.

Why may they refuse to accept you?

Refusal to accept documents is associated with several main reasons:

• Incorrect execution of the cover letter without indicating the main provisions or violations in the field of office work. This reason is the most common, since many companies do not know the rules for preparing an accompanying document to the state inspection;
• Violation of deadlines for filing a declaration. This period is 30 days from the end of such certification; accordingly, if the deadline is missed, the employer must write an information letter before submitting an application with a request to restore the deadline for submitting the relevant documents;
• The absence of an organization that assessed working conditions in a special register, and, accordingly, the lack of authority to carry out such a procedure. In the initial period of such events, this was also a common cause of non-acceptance of documents and various problems. To avoid it, the management of the organization, before concluding an agreement on conducting an assessment, must check the presence of such a company in a special database of accredited organizations;
• Presence of violations in the field of legislation during the initial verification of documentation. The refusal to place the results in the register is associated with violations during the inspection, the discrepancy between the conclusion and the real and current working conditions in the company, as well as a violation of the rights of employees during such a procedure.

The procedure for preparing for the implementation of the SOUT procedure

If the employer refuses to accept documentation and receives a reasoned response from government agencies, it has the right to appeal such a response to a higher inspection body, and in case of a repeated negative response, go to court.

Note! The judicial authorities will consider the application within the prescribed period and make a reasoned decision.

Procedure for maintaining the register

Entry of information about a company into the register is carried out on the basis of an application. The application form is not regulated, but it must contain general information about the company and confirmation that the applicant meets the requirements of Art. 19 of Law No. 426-FZ.

The Ministry of Labor reviews the application and makes a decision on inclusion in the register within 20 working days. A decision to refuse may be made if incomplete or incorrect information is provided.

The company’s activities in carrying out special technical assessments may be suspended in the following cases (clause 15 of Resolution No. 599):

1. Bringing an organization to justice in the form of administrative suspension of activities
2. Suspension of accreditation of a testing laboratory.

The Ministry of Labor, having received relevant information from other departments, makes an entry into the register about the suspension of activities within 5 days.

If the reasons for suspension have been eliminated, the organization can send an application to the Ministry of Labor, attaching supporting documents. The department considers the request and within 20 working days makes an entry into the register about the resumption of activities.

An organization may be excluded from the register in the following cases (clause 20 of resolution No. 599):

1. Termination of activities. This is meant as its cessation “in general”, i.e. liquidation or reorganization of the company, as well as termination of activities only in the field of SOUT.
2. Termination of accreditation of a testing laboratory
3. Termination of the SOUT expert certificate if after this the number of full-time experts in the company is less than required by law.

All information in the register is stored indefinitely and is freely available (posted on the website of the Ministry of Labor).

FIND AN ORGANIZATION IN THE SOUTH REGISTER