Declaration of SOUT - sample filling 2021 and 2021

In 2021, the declaration of assessment of working conditions remains among the mandatory documents that employers must submit. Let's take a closer look at the rules for preparing the SOUT declaration, the deadlines for submission, as well as the consequences of refusing to prepare it.
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Declarations on SOUT: regulatory framework
Why submit a declaration to assess working conditions
How to submit a SOUT declaration
Features of filling out a declaration for assessing working conditions
In what cases should I submit an updated declaration of special assessment of working conditions to the State Labor Inspectorate?

The procedure for submitting the SOUT declaration will change

The Ministry of Labor of Russia published on the Unified portal for posting draft legal acts a draft departmental order to amend the Order of the Ministry of Labor dated 02/07/2014 No. 80n on changing the rules for filing a declaration of compliance of working conditions with state regulatory labor protection requirements. The current form and procedure for submitting SOUT declarations became irrelevant due to the adoption of Federal Law No. 503-FZ dated December 30, 2020, which amended Article 8 and the law on special assessment of working conditions (No. 426-FZ dated December 28, 2013) and established the indefinite validity of declarations compliance with working conditions.

In this regard, the Ministry of Labor has prepared amendments that take into account that SOUT declarations have become unlimited. Changes are also being made to the procedure for creating and maintaining a register of declarations of compliance with working conditions. Employers and SOUT operators will begin to apply them when the relevant order of the Ministry of Labor is approved and published in the prescribed manner.

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.

The SOUT declaration has become unlimited

The government has submitted a bill amending the Federal Law on Special Assessment of Working Conditions to the State Duma for consideration. Officials intend to make the SOUT declaration indefinite.

Now it is valid for 5 years and is automatically extended for another 5 years, provided that no accidents have occurred with the organization’s employees, no occupational diseases have been identified and there are no violations of labor protection requirements (letter of the Ministry of Labor No. 15-1/ОOG-1968 dated 08/30/2019) . But after 10 years (after the expiration of the general period of validity of the declaration, taking into account the extension), even the most law-abiding employers have the obligation to conduct a special assessment of working conditions again at their own expense. Officials are confident that canceling the validity period of the SOUT declaration, if the conditions and organization of work at previously inspected workplaces are maintained, will reduce bureaucratic pressure and the financial burden on business. When the new procedure comes into force (according to the plan - from 01/01/2021), all existing declarations will become indefinite.

ConsultantPlus experts figured out how to reimburse the costs of a special assessment of working conditions at the expense of the Social Insurance Fund. Use these instructions for free.

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Declarations on SOUT: regulatory framework

The rules for filing the SOUT declaration are enshrined in Federal Law No. 426 “On special assessment of working conditions” dated December 28, 2013. Experts from the Ministry of Labor decided to make life easier for employers and prepared a bill recognizing the declaration as unlimited . It is currently being reviewed by officials, so it is impossible to say whether it will be approved or not.

Fragment of the draft amendments to Federal Law No. 426 dated December 28, 2013

Before amendments to the law, the validity period of the SOUT declaration is 5 years . If no violations have been identified in the company, no occupational diseases have occurred among employees, labor safety requirements have not been violated, and no accidents have occurred, the SOUT declaration is automatically extended for another 5 years. This procedure is enshrined in Letter of the Ministry of Labor No. 15-1/OOG-1968 dated August 30, 2019.

After 10 years, employers are required to re-assess working conditions and submit a declaration of labor conditions. According to officials, canceling the validity period of the document will reduce pressure on employers and reduce material costs. If the bill is approved, the new rules will come into force on January 1, 2021.

Help: if an accident occurs in an organization within 5-10 years, violations or global changes are detected, the declaration is automatically canceled. In this case, the employer is forced to conduct an unscheduled assessment and transmit current information to the State Tax Inspectorate.

Form

Order of the Ministry of Labor of Russia No. 80n dated 02/07/2014 approved the sample and form of the SOUT declaration, the procedure for filling out and submitting. The latest amendments to this algorithm were made by order of the Ministry of Labor of Russia No. 642n dated November 14, 2016.

Why is a declaration needed?

First of all, for the sake of the interests of the budget organization itself. It gains the opportunity to reduce the amount of insurance premiums for personnel for whom acceptable working conditions have been created and who do not work in dangerous or harmful conditions.

But there are specialties that initially belong to the harmful and dangerous categories. And even the most professional manager is unable to reduce the danger of these works. These include, for example:

miners;
chemical industry workers;
high-altitude installers.

For such specialties, the law established additional insurance premium rates of up to 8%. The classification of working conditions is established by the methodology approved by Order of the Ministry of Labor No. 33n dated January 24, 2014. Below is a table with rates of additional payments for injuries.

Labor conditions	RM class	Tariff, %
Optimal	1	0
Acceptable	2	0
Harmful	3,1	2
	3,2	4
	3,3	6
	3,4	7
Dangerous	4	8

An enterprise can lower its hazard class if it acquires modern personal protective equipment and improves its tools. Then an unscheduled special assessment is carried out and the hazard class is reduced, for example, from third to second. Fourth grade cannot be downgraded.

Submission order

The declaration algorithm, regulated by Order of the Ministry of Labor No. 80n, determines the filing deadline of 30 days. The period is counted from the date of completion of the inspection and approval of its results.

It is allowed to provide documents in both paper and digital form. The package you send must include:

accompanying notice;
declaration of special assessment of working conditions and their compliance with standards;
details of the company that conducted the research;
conclusion on the examination performed.

The first two documents are submitted in duplicate. The rest are in the form of an original and a certified copy.

How often to declare jobs

If, within 5 years after submitting the declaration, no accident occurred at the workplaces listed in it or the employee did not acquire an occupational disease (this must be determined by a medical commission), the declaration is automatically extended for another 5 years. It is permitted not to carry out special assessments for these workplaces during this period.

If an accident occurs or other reasons appear (they are listed in Article 17 of Law No. 426-FZ), then the declaration to the State Tax Inspectorate after the 2021 special assessment will be canceled, and the organization will have to conduct an unscheduled special assessment.

How often should I take it?

For filing a declaration, Order No. 80n of the Ministry of Labor defines a period of 30 working days, which begins from the moment the report is approved. To avoid penalties, it is recommended that you strictly adhere to these time limits. The territorial labor inspectorate considers the submitted data based on the results of the special labor inspection within 10 working days, then makes a decision on accepting the documents or refusing to accept them. If the form and content of the declaration does not comply with legal requirements, it is returned for revision.

A correctly drawn up special assessment declaration has legal force for 5 years. If no accident occurs at the specified workplaces or the employee does not suffer from an occupational disease, the validity of the declaration will automatically be extended for 5 years. There is no need to conduct a special assessment in this situation. But even a single fact of an accident at the workplace is grounds for canceling the declaration and assigning an unscheduled special safety assessment at this workplace.

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:

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

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.

Rostrud personal account

To interact with the Rostrud service, you can register a personal account . All correspondence between the user and the Rostrud service, responses to complaints and requests will be stored there.

A person does not have to rummage through his entire email in search of the required document. Experts hold open discussions on labor law issues, and users can also leave their suggestions.

On the website you can evaluate the activities of the Federal Labor and Employment Service and make suggestions for improving its work.

In the “For Employees” section you can find the necessary documents relating to labor legislation and learn about new changes and amendments. A person can subscribe to news or vacancies, all the necessary data will come to their personal account, and there will be no need to search for them on the site. Rostrud is obliged to monitor the implementation of laws, but it cannot constantly monitor the situation at each enterprise.

If the company's management offers you a job without a contract or a salary in an envelope, immediately report this violation. There is no need to reassure yourself that retirement age is still several decades away. No one is immune from accidents and incidents.

It will be very difficult to prove that the employer is to blame for what happened, and to receive the due compensation without properly executed documents. Notify the supervisory service about a violation of an employee’s rights, seek advice on unclear issues, and then your work activity will be reliably protected from all unforeseen problems.

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Discussion: 19 comments

Artem:
10/04/2018 at 06:19
Interesting article. Learned a lot of new and useful things here
Answer
Rostrud representative:
10/04/2018 at 08:52
Thanks for your feedback, Artem. We will continue to improve the site.
Answer

Kiril:

10/04/2018 at 10:49

Everything is written in the article correctly, but in case of any troubles, the boss can easily find the person who filed the complaint. Especially if the team is not large. At least that's how I see the outcome of this problem.

Answer

10/04/2018 at 12:24

Anything is possible, Kirill. For that, justice will prevail ;)

What to include in the document

The document is not submitted in relation to a number of workplaces (even under optimal or acceptable working conditions, taking into account the individual and collective protective equipment used):

work in which presupposes early assignment of old-age insurance pension payments;
where upon hiring personnel they are immediately given guarantees and compensation for exposure to harmful or dangerous working conditions;
where, based on the results of previous certifications, harmful or dangerous working conditions were recorded.

Who is obliged to take

The document described must be submitted by all organizations in which employees work in conditions classified as hazardous or harmful to health. The exception is for jobs that:

are not included in the list contained in the USSR PP under number 10, work in which may provide citizens with the right to early access to pension insurance;
imply guarantees and compensation payments for work in dangerous or harmful conditions on the basis of the relevant clauses of labor agreements concluded with citizens in the process of official employment;
based on the results of previous studies, were classified as harmful or dangerous.

There is no reporting obligation for the positions described above.

Filling Features

The document consists of one sheet. Orders of the Ministry of Labor and letter No. 15-1/B-724 dated June 23, 2014, which explains the main requirements, will help you figure out how to correctly fill out the 2021 SOUT declaration. These include:

indication of the full or abbreviated name of the enterprise or full name. individual entrepreneur;
information about the manager;
indication of the address, as it is given in the statutory documentation, and all the necessary codes (OGRN, INN);
if data is submitted for workplaces located in a branch of an enterprise that operates without forming a legal entity, indicate the address of the main division of the organization;
listing the names of positions or specialties of employees whose jobs are declared with the obligatory indication of the codes of these specialties;
number of employees based on special assessment data (third section of the report);
individual numbers of workplaces based on information from the SOUT card (can be found in the first column of the list of work places where a special assessment was carried out, the second section of the report);
marking similar workplaces with the letter A (fourth column of the list of the second section of the report);
results of SOUT for declared places;
details of the expert opinion and full name. expert.

This is what a sample form (SOUT declaration) looks like, drawn up in accordance with the requirements:

Features of filling out a declaration for assessing working conditions

The declaration form was approved by Order of the Ministry of Labor of Russia No. 80n dated 02/07/2014, but when filling it out, it is necessary to take into account the amendments made by Order of the Ministry of Labor of Russia No. 642n dated 11/14/2016. In general, filling out the report is not difficult; the main thing is to make sure that there are no errors, blots or typos.

The declaration must be completed for all workplaces , even if they have optimal or acceptable working conditions. You may not include in the report those places where work initially implies early retirement, benefits and guarantees. If, based on the results of previous certifications, harmful or dangerous factors were identified, but you did not eliminate them, you also do not need to report.

Contents of the SOUT declaration

Full or abbreviated name of the organization, for individual entrepreneurs - full name of the individual entrepreneur.
Personal information of the manager.
Exact address, as in the statutory documents. For branches that operate without forming a legal entity, the address of the main division.
OGRN or INN codes.
List of declared jobs indicating positions, specialties and codes.
The number of employees.
Workplace numbers based on the SOUT map.
Marking with the letter A similar places.
Results of SOUT.
Details of the expert opinion.
FULL NAME. specialist who conducted the special assessment and compiled the report.

Sample declaration of conformity “Special assessment of working conditions”

Note! The electronic SOUT declaration contains the same information as the paper one.

Do I need to submit an updated declaration?

From 05/01/2016, the report to the labor inspectorate on a special assessment of working conditions was allowed to include areas of the enterprise’s activities that correspond to the first and second safety classes. If, based on the results of the implementation of the special assessment system, such specialties are identified at the enterprise, it must clarify the previously submitted information and enter additional data into the paper. For this purpose, the law provides only 30 working days from the date of entry into force of the new requirements, if the organization submitted the initial document before 05/01/2016. That is, the last period ended on June 16, 2016.

IMPORTANT!

Organizations submitting information after this date must enter optimal or acceptable conditions into the document immediately, which is stated in the new edition of Article 11 No. 426-FZ dated December 28, 2013. It follows from this that an example of filling out the 2021 SOUT declaration is no longer needed to clarify the information.

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.

Sample of an updated declaration on a special assessment of working conditions

SOUT practice shows that it is required only for harmless and safe places. The number of organizations that could inform the labor department about identifying workplaces where no harmful or dangerous factors were recorded was extremely small. This even applies to office spaces where computer equipment is installed and the level of illumination needs to be assessed. This indicator, coupled with a fixed working posture, did not allow the conditions to be declared as normal. For these reasons, Federal Law No. 136 dated May 1, 2016 was developed, which made it possible to hand over paper to those enterprises that were able to equip optimal and acceptable workplaces for personnel.

Submission rules

The order of the Ministry of Labor fixed the ways of sending a declaration on SOUT to the labor inspectorate (TI):

submit a declaration in paper form when visiting the inspection;
send the document by Russian Post. The letter is in registered form, be sure to include a receipt receipt and a list of the contents of the envelope;
submit the SOUT declaration electronically on the labor inspectorate website;
The form is signed with the digital signature of the company management before sending it.

Where to submit SOUT reports

Let's see where to submit the SOUT declaration. The document is sent to the TI at the place of registration of the company. During the special inspection, the workplaces of working employees in the company, including offices, are checked. The employer finds out how comfortable it is for employees to work, and if the conditions are recognized as comfortable, it acquires the right to pay contributions at low rates. During the special assessment, factors that negatively affect people are taken into account, and not aesthetic components. The expert assesses the level of noise, dust or lack of proper lighting. The color of the walls and the quality of window and door fittings are not taken into account. They measure the severity of labor, chemical and biological factors.

Assessments can be carried out by accredited persons. They have special equipment and skills. The company does not have the right to organize SOUT independently. The SOUT contractor is accredited, its accuracy is checked on the website of the Ministry of Labor. The appraiser's certificate is verified there.

The cost set by appraisers depends on the specifics of the company’s work and the total number of places. Traveling to sites outside the city is more expensive. When assessing manufacturing companies, additional measurements of the noise level and severity of technological processes are required, therefore, the cost increases. Also, the shorter the execution time, the higher the price.

Before the assessment activities, a list of places that are planned to be assessed is drawn up and signed by the commission. They create an order for the implementation of SOUT, draw up a schedule of activities. There is no special form for the schedule; it is compiled in any form according to the company’s internal document flow regulations. The schedule, list and order are stored in the accounting department.

Who submits a declaration for a special assessment of working conditions

Who should conduct a special assessment of working conditions in the organization? The document is provided by the company or its representative by proxy. The declaration on the special assessment of working conditions was introduced by order of the Ministry of Labor dated February 7, 2014 No. 80n. The company fills out and sends a declaration to the state labor inspectorate at its location within thirty days from the date of signing the special assessment report. TI reviews the report within ten working days and, if everything is filled out correctly, approves and registers it. If the declaration is filled out incorrectly, it is sent to the company with comments.

The declaration is not submitted:

in places of workers included in the lists of the Cabinet of Ministers Resolution No. 10 of January 26, 1991;
at work that allows you to receive an old-age insurance pension beyond the established deadlines;
where a compensation package is provided for work with negative performance factors;
where factors adversely affecting workers are recorded.

If no tragic cases or occupational diseases are recorded at the declared workplaces in the next five years, then the validity of the declaration will be extended for another five years. Consequently, companies are exempt from the SLA for a period of five years. When an accident is recorded, the company organizes a special assessment outside the plan, and the current declaration is canceled.

How often do you need to declare jobs?

The materials of the SOUT report are valid 5 years after the inspection. The company organizes a special assessment for newly created jobs.

Form for an updated declaration on SOUT

The company's declaration is sent within thirty working days after the acceptance of the SOUT report. The declaration on the special assessment of working conditions and when it must be submitted is recorded in paragraph No. 5 of the procedure implemented by order of the Ministry of Labor and Social Protection of the Russian Federation dated February 7, 2014 No. 80n.