Checklist: stages of preparing and conducting a special assessment
Stage 1. Create a commission to conduct a special assessment of working conditions.
SOUT is carried out jointly by the employer and the organization that has the right to assessment (Article 8 of Federal Law No. 426). The employer creates an appropriate commission and approves the schedule for conducting a special assessment (Part 1, Article 9 of Federal Law No. 426).
Stage 2. Compile a list of jobs subject to special assessment.
A planned special assessment should have been carried out for all workplaces, except for remote workers and homeworkers, by December 31, 2018.
Now companies conduct unscheduled special assessments when introducing new jobs, changing equipment, or moving to a new location. The next planned special assessment will be carried out no earlier than after 5 years, and for declared jobs even after 10. Therefore, if the organization has new jobs for which a special assessment needs to be carried out, it is necessary to draw up a list of them. Stage 3. Conclude an agreement with the organization to conduct a special assessment.
The Law on SOUT establishes requirements for a specialized organization (Resolution of the Government of the Russian Federation of June 30, 2014 No. 599). It must be remembered that the cost of contractor services can vary greatly. Therefore, with the help of a competition or tender among special organizations, it is possible to reduce costs. Human resource management courses at the Russian Management Staff: different training formats, for all employees - from the HR manager to the head of the company. Find out details.
Stage 4. Conducting a special assessment by a specialized organization. To conduct a special assessment of working conditions, the head of the company provides the contractor organization with documents and information characterizing the working conditions. This can be technological documentation, building construction projects, certificates of conformity of production equipment and machines. After this, the commission determines harmful and (or) dangerous production factors.
- At the identification stage, factors of the production environment are determined and compared with those described in the Classifier of harmful and (or) dangerous production factors.
- At the measurement stage, the identified harmful/dangerous factors are measured using instruments and the expert establishes the class of working conditions in the workplace (Order of the Ministry of Labor of the Russian Federation dated January 24, 2014 N 33n).
- The final stage is preparing a report. (Article 15 of the Law on Special Assessment).
Stage 5. Approve the report on the special assessment of working conditions. All commission members must sign the report. If someone does not agree with the data, he can justify his opinion in writing and attach it to the report (Part 2 of Article 15 of the Law on Special Assessment).
Within three working days from the date of approval of the report, the employer is obliged to notify the organization that conducted the special assessment.
Stage 6. Familiarize employees with the report. All employees, within 30 calendar days after signing the report, must familiarize themselves with it and sign the corresponding document (clause 4, part 2, article 4 of the Law). This period does not include periods of temporary incapacity for work, being on vacation or a business trip, or periods of rest between shifts.
Stage 7. Post information about the SOUT on the organization’s website. The results data must also be posted on the organization’s website within 30 calendar days from the date of approval of the report on the special assessment (Part 6, Article 15 of the Law on Special Assessment):
- Established classes (subclasses) of working conditions in the workplace;
- List of measures to improve labor conditions and safety at these places.
Stage 8. Notify the Social Insurance Fund of the Russian Federation about the results of a special assessment of working conditions. Information is transmitted in accordance with paragraphs. 18 clause 2 art. 17 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases.” This must be done when submitting reports on compulsory social insurance against accidents at work and occupational diseases in Form 4-FSS.
Step 9. Apply the results of the special assessment. Depending on the class (subclass) of the established hazard assessment, the employer is obliged to pay compensation to employees (Articles 92, 117, 147 of the Labor Code of the Russian Federation). In addition, the list of categories of workers subject to medical examinations may change. Funds for this must be included in the company’s budget.
Stage 10. Make changes to employees’ employment contracts. Article 57 of the Labor Code of the Russian Federation indicates the mandatory inclusion in the employment contract of clauses on working conditions in the workplace and guarantees and compensation for work in harmful (dangerous) working conditions. These changes can be made to the employment contract - an additional agreement can be concluded with the employee (Article 72 of the Labor Code of the Russian Federation).
A special assessment of working conditions (SOUT) is a unified set of consistently implemented measures to identify harmful and (or) dangerous factors in the working environment and the labor process (hereinafter referred to as harmful and (or) dangerous production factors) and assessing the level of their impact on the employee, taking into account their deviation actual values from the standards (hygienic standards) established by the federal executive body authorized by the Government of the Russian Federation for working conditions and the use of individual and collective protective equipment for workers.Timing of SOUT
SOUTH in the workplace is carried out at least once every five years, unless otherwise established by Federal Law No. 426-FZ of December 28, 2013 “On special assessment of working conditions” (hereinafter referred to as Federal Law No. 426-FZ). The specified period is calculated from the date of approval of the report on the implementation of the special assessment and assessment process.
Taking into account the transitional provisions of Federal Law N 426-FZ, SOUT may not be carried out for 5 years in relation to workplaces where workplace certification for working conditions was carried out before 01/01/2014, with the exception of cases of unscheduled SOUT. The specified period is calculated from the date of completion of certification.
If there are jobs in the organization for which 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 in which, based on the results of previously conducted certification of workplaces for working conditions or SOUTH, harmful and (or) dangerous working conditions were established, the SOUTH must be carried out urgently (if certification of workplaces for working conditions has not been carried out, or the validity period has expired its results).
In general, the SOUT can be carried out in stages and must be completed no later than 12/31/2018. It is on this day that the most recent workplace certification for working conditions expires.
Preparation for carrying out SOUT
Before conducting an SOUT, the employer needs to prepare for its implementation. Preparation for carrying out SOUT consists of four stages:
1) formation of a commission to conduct special assessment;
2) approval of the SOUT schedule;
3) approval of the list of workplaces at which SOUT will be carried out, with the allocation of similar workplaces;
4) conclusion of a civil contract with the organization conducting the special assessment.
To implement the first two stages, the employer issues an order (instruction) to carry out the special operational assessment.
The number of members of the commission for conducting the special assessment must be odd.
The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of workers (if any).
The commission for conducting SOUT is headed by the employer or his representative.
Drawing up a list of workplaces - the commission, before the start of work on carrying out the special work assessment, approves the list of workplaces at which the special work will be carried out, indicating similar workplaces.
Similar workplaces are workplaces that are located in one or more of the same type of production premises (production areas), equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, where employees work in the same profession, position, specialty , perform the same labor functions in the same working hours while conducting the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.
When similar workplaces are identified, SOUT is carried out on 20% of workplaces of the total number of such workplaces, but at least on two workplaces, and its results are applied to all similar workplaces (Article 16 of Federal Law No. 426-FZ).
All decisions of the commission on carrying out special assessments are formalized, as a rule, in the form of an appropriate organizational and administrative document (protocol) signed by the members of the commission.
Agreement with the organization conducting the special assessment work - at the last stage of preparation for carrying out the special assessment, the employer must select the organization conducting the special assessment and conclude a civil contract with it.
When choosing an organization to conduct special labor assessment, the employer is recommended to look for information about it in the register of organizations, which is formed and maintained by the Russian Ministry of Labor.
Important! Information on the inclusion of organizations conducting SOUT in the register of organizations that have the right to carry out work on SOUT can be found on the website of the Ministry of Labor of Russia at: https://akot.rosmintrud.ru.
Main stages of carrying out SOUT
After the necessary preparations for carrying out the SOUT are completed, you can proceed to its main procedures.
The actual implementation of the SOUT can be divided into 4 stages:
1. Identification of potentially harmful and (or) dangerous factors in the working environment and the labor process.
2. Research (testing) and measurement of identified potentially harmful and (or) dangerous factors in the working environment and the labor process.
3. Classification of working conditions in workplaces into classes (subclasses) of working conditions according to the degree of harmfulness or danger based on the results of research (tests) and measurements of identified potentially harmful and (or) dangerous factors in the working environment and the labor process.
4. Registration of SOUT results.
SOUT is carried out in accordance with the Methodology for conducting SOUT, approved by Order of the Ministry of Labor of Russia dated January 24, 2014 N 33n, while documentation for the first four stages of conducting SOUT is drawn up by the organization conducting the SOUT. Documents for the fifth stage (declaration of jobs) are prepared by the employer.
Declaration of jobs
In relation to workplaces in which harmful and (or) hazardous production factors have not been identified as a result of identification, as well as working conditions in which, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, are recognized as optimal or acceptable, for With the exception of workplaces specified in Part 6 of Article 10 of Federal Law No. 426-FZ, the employer submits to the State Labor Inspectorate at its location a declaration of compliance of working conditions with state regulatory labor protection requirements.
Rostrud ensures the formation and maintenance of a register of declarations.
The declaration is valid for 5 years. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.
If, during the period of validity of the declaration, an industrial accident occurs with an employee employed at the workplace in respect of which this declaration was adopted (except for an industrial accident that occurred due to the fault of third parties) or he is diagnosed with an occupational disease, the cause where the employee was exposed to harmful and (or) dangerous production factors, in relation to such workplace this declaration is terminated and an unscheduled special assessment of working conditions is carried out.
If during the period of validity of the declaration no accident occurred and no occupational disease was detected at the workplace in respect of which this declaration was submitted, then the validity of the declaration is considered extended for the next 5 years.
The form and procedure for filing the declaration were approved by order of the Russian Ministry of Labor dated 02/07/2014. N 80n.
Note to the employer
Employer on time:
— 10 working days from the date of adoption of the decision specified in Part 9 of Article 12 of Federal Law N 426-FZ, sends to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor standards rights, at its location, a copy of the commission’s protocol containing the decision on the impossibility of conducting research (tests) and measurements of harmful and (or) hazardous production factors in the event that carrying out these studies (tests) and measurements at workplaces may pose a threat to the lives of workers , experts and (or) other employees of the organization conducting the SOUT, as well as other persons;
— 3 working days from the date of approval of the report on the conduct of the special assessment, the obligation to notify the organization that carried out the assessment in any available way that provides the possibility of confirming the fact of such notification, and also send to its address a copy of the approved report on the conduct of the special assessment by registered mail with return receipt requested or in the form of an electronic document signed with a qualified electronic signature. If there is information in the report on the conduct of the special assessment and assessment process that constitutes a state or other secret protected by law, a copy of the said report is sent taking into account the requirements of the legislation of the Russian Federation on state and other secrets protected by law.
30 calendar days from the date of approval of the report on the implementation of the SOUT:
— organizes familiarization of employees with the results of carrying out special assessment and training work at their workplaces against signature (this period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, periods of rest between shifts);
— on the official website of the organization (if available) publishes summary data on the results of the SAW in terms of establishing classes (subclasses) of working conditions in the workplace and a list of measures to improve the conditions and labor protection of workers in whose workplaces the SAW was carried out.
— 30 working days from the date of approval of the report on the implementation of the SOUT declares the relevant jobs.
Administrative responsibility
In accordance with Article 5.27.1 of the Code of the Russian Federation on Administrative Offenses, violation by an employer of the established procedure for conducting special labor safety measures at workplaces or failure to carry it out entails a warning or the imposition of an administrative fine on legal entities from sixty thousand to eighty thousand rubles.
Repeated commission of an administrative offense by a person who was previously subjected to administrative punishment for a similar administrative offense entails the imposition of an administrative fine on legal entities - from one hundred thousand to two hundred thousand rubles or administrative suspension of activities for a period of up to ninety days.
Quality assessment of SOUT
The examination of the quality of a special assessment of working conditions is carried out by executive authorities of the constituent entities of the Russian Federation in the field of labor protection within the framework of the state examination of working conditions (hereinafter referred to as the State Examination of Working Conditions), provided for by the Labor Code of the Russian Federation.
Carrying out the state technical assessment on the territory of a constituent entity of the Russian Federation is carried out by the Ministry of Labor of a constituent entity of the Russian Federation (hereinafter referred to as the Ministry).
GEUT for the purpose of assessing the quality of the SAW is carried out on the basis of determinations of judicial authorities, representations of territorial bodies of the Federal Service for Labor and Employment, appeals from executive authorities, employers, their associations, employees, trade unions, their associations, other representative bodies authorized by employees, bodies of the Fund social insurance of the Russian Federation, as well as other insurers and organizations that carried out SOUT.
To conduct a SEUT, the applicant sends an application to the Ministry to conduct a SEUT (see appendix).
If the application is submitted by an employee, then the Ministry can independently request all documents and materials necessary for the examination from the employer.
If the application is submitted by the employer, the following documents are attached to it:
— report on the implementation of the special assessment;
— instructions from officials of state labor inspectorates to eliminate those identified during the implementation of state control (supervision) measures over compliance with the requirements of the legislation on labor safety standards.
The conduct of the state examination of labor conditions is carried out in accordance with the administrative regulations for the provision of public services for conducting state examination of working conditions.
In accordance with the requirements of the legislation on SAW, upon applications submitted directly to the Ministry by workers, trade unions, their associations, other representative bodies authorized by employees, as well as employers, their associations, insurers, organizations that conducted SAW, examination of the quality of SWS is carried out on a paid basis at the expense of the applicant.
The order of the Ministry of Labor of a constituent entity of the Russian Federation approves the procedure and amount of payment for conducting an examination of the quality of SOUT on the territory of a constituent entity of the Russian Federation. Disagreements on issues related to conducting the SEUT in order to assess the quality of the SEUT are considered by the Russian Ministry of Labor free of charge.
APPLICATION
(application form)
To the Ministry of Labor of a constituent entity of the Russian Federation
from ________________________________________________________________________________________
full name of the applicant (for legal entities), full name applicant (for individuals)
_________________________________________________________________________________________
applicant's postal address, email address (if available)
STATEMENT
I request that a state examination of working conditions be carried out in order to assess the quality of a special assessment of working conditions in the workplace.
Information about jobs:
Full name of employer
| Employer's location address |
| Individual workplace number (if available) |
| Name of the employee’s profession (position) indicating the structural unit of the employer (if any) |
| Information on previously conducted state examinations of working conditions (if available) |
| Information about the organization(s) that conducted the special assessment of working conditions |
| Information on payment for state examination of working conditions |
Applications:
— report on a special assessment of working conditions;
— instructions from officials of state labor inspectorates to eliminate violations identified during state control (supervision) of compliance with the requirements of Federal Law of December 28, 2013 N 426-FZ “On special assessment of working conditions” (if any).
Signature
date
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The publication is current as of 09/03/2018 (date of last reconciliation).
Source of publication: magazine “Occupational Safety and Fire Safety in Educational Institutions”.
Publication code: 18.05.
Other related articles
What is important to know about the special assessment of working conditions for small businesses and individual entrepreneurs
According to the clarification of the Ministry of Labor dated January 16, 2021, a special assessment of working conditions is carried out for ALL employers. However, individual entrepreneurs should not carry it out if:
- Individual entrepreneurs have no employees.
- Individual entrepreneurs attract specialists on an outsourcing basis and they do not have permanent jobs.
If it is still necessary to undergo a special assessment of labor conditions (there are employees on staff), then in relation to workplaces in which harmful and (or) dangerous production factors have not been identified based on the results of a special assessment of working conditions, the employer will report to the State Labor Inspectorate of the constituent entity of the Russian Federation (at the location its location) a declaration is submitted. The validity period of the submitted declaration is 10 years, provided that there is no industrial accident, occupational disease or violations identified by the State Labor Inspectorate of a constituent entity of the Russian Federation at the declared workplace. The declaration can be submitted remotely on the Rostrud website.
For new jobs created in 2021, the period for conducting a special assessment of working conditions is 12 months. For example, if a workplace was created in December 2021, then the deadline for completing a special assessment of working conditions is December 2019.
Documentary samples for carrying out SOUT
- Documentary samples for carrying out SOUT
- Preparation of local regulatory documents
- SOUT results and sample documents
- Making a report
- Sample declaration based on the results of special assessment work
However, companies planning to conduct a special assessment should not be afraid of difficulties in preparing the required documents. Their list is clearly stated in the legislation, and the main regulatory act, where you can find answers to almost all questions about SOUT, is 426-FZ. As for the requirements for a sample of filling out the necessary papers, in most cases the organization is given the opportunity to draw them up in any form in accordance with its preferences. This applies, for example, to a sample cover letter to the GIT for SOUT or a sample application for a special assessment of working conditions.
Responsibility for violation of the procedure for conducting a special assessment of working conditions
If the SOUT is not carried out or its order is violated, entrepreneurs and officials are subject to the sanctions of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation:
- A warning or the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles.
- For persons carrying out entrepreneurial activities without forming a legal entity - from five thousand to ten thousand rubles.
- For legal entities from sixty thousand to eighty thousand rubles.
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