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The period of passing sout. The timing of the sout, its frequency and elimination of violations. Situation: Potentially harmful working conditions

26.12.2017 13:22:00

A special assessment of working conditions is a procedure, of course, mandatory for every employer in Russia. And, although the SOUT order is formalized at the official level, it contains rather liberal theses. For example, the timing of the SOUT in the organization. As follows from paragraph 6 of Art. 27 of the Federal Law "On the Special Assessment of Working Conditions" No. 426-FZ, it is allowed to check some places in stages, the main thing is to complete it before the end of December 2018.

Courts vary in their assessment of this requirement and sometimes issue conflicting rulings. It happens that the fines for the missed deadlines for the SAUT reach two hundred thousand rubles. To avoid financial losses, the employer needs to clearly understand how often the SOUT is carried out, how the initial and subsequent checks differ, what is the validity period of the SOUT, and so on.

SOUT: FREQUENCY AND TERMS

Starting your activity new organization sometimes she does not even suspect what events she will need to carry out - even if they are purely formal. Any enterprise in Russia is required by law to undergo the SOUT procedure. The timing of the first (for new organizations) is no more than six months. That is, after registering the company, the employer must conduct an inspection of working conditions in the first 6 months of his work.

If an enterprise exists for more than six months, and an audit has never been carried out since its inception, then this must be done as quickly as possible, and better, as they say, yesterday. The results of the special assessment are valid for 5 years from the date of issuance of the report on the results of the audit. Carrying out SOUT at the workplace, in accordance with the Labor Code Russian Federation, is explained by the fact that the employer undertakes to ensure: the safety and labor protection of employees; informing employees about the conditions in which they work and so on.

Also from Art. 219 Labor Code it follows that employees can count on: the safety and security of the conditions in which they work; informing about the danger/harmfulness of these conditions. When hiring, a person has every right to demand from his employer information about the level of risk and potential (or real) harmful factors in the process of work. Even if it concerns the banal presence at the computer screen. If the employer ignores this right and does not disclose information to the employee, he may apply to the state supervision body. The very fact of such an appeal already means for the employer a fine of 80 thousand rubles and the requirement for an urgent special assessment of working conditions. If the order of state supervision is ignored, the organization faces a suspension of activities for up to 90 calendar days.

SOUT RESULTS: WHAT TO DO WITH THE RESULTS OF THE CHECK?

As a result of the assessment, harmful factors may not be identified at all. In this case workplace can be declared at the Labor Inspectorate. Since the working conditions at this place comply with labor protection standards, it means that it is not necessary to carry out an inspection of this place in the future. If in the next 5 years the employer does not reorganize the workplace, then he will not need an unscheduled SOUT. The declaration will be automatically renewed. Then the validity period of the SOUT is 5 years. But the law does not allow interruptions in checks. Therefore, after five years, the employer must already have the results of mandatory certification of workplaces for working conditions (AWP).

If the employer conducted the AWP no later than 01/01/2014, then he is allowed not to do any checks until the expiration of the certification.

DATES OF THE UNSCHEDULED SOUT

Any employer may have reasons for an extraordinary assessment. In such cases, the frequency of the SOUT is shifted, and the organization has the right to evaluate labor within two time intervals: six months and a year.

WHAT TO DO AFTER THE SPECIAL EVALUATION IS FINISHED?

When the SATS procedure is completed and the report on its results is approved, the employer must inform the inspection organization within 3 working days to familiarize the employees with the results of the SATS within a month (30 days) (they must sign after reading), post information no later than 30 days on the results of the SOUT on the website of the enterprise (if available).

HOW LONG DO THE MATERIALS AND REPORTS ON THE SARS ARE VALID?

The term for the preparation of reporting documentation is determined by the employer at the stage of collecting the verification commission. The period of storage of materials on the SUT in the archives is 45 years, and if dangerous/harmful production factors- 75 years old. Validity of materials on SOUT - during the entire period of establishing the hazard class or during the validity of the declaration that working conditions comply with safety standards.

Publication source:

The general structural scheme of the SOUT is as follows:

In the diagram, gray rectangles indicate steps - actions.

The arrows show:

1) incoming information - documentation, etc. information needed to complete the steps,

2) outgoing information - what is formed as a result of the steps.

A detailed description of each step is provided in the corresponding sections of the step-by-step instructions:

Step 0 - determine if and when a special assessment of working conditions is necessary

S.V. Polyashov, 2014

Where should SOUT be carried out

homeworkers,
remote workers,
employees who have entered labor Relations with an employer - an individual who is not an individual entrepreneur ().

state civil servants and municipal civil servants is carried out not according to , but according to special regulatory legal acts for employees ( ) .

SOUT regarding working conditions employees admitted to information classified as a state or other secret protected by law, is carried out according to special regulatory legal acts ().

In other cases, the SOUT should be carried out

Terms of the SOUT

SOUT is carried out 1 time in 5 years. The term is calculated from the date of approval ().

If before 01.01.2014 the certification of workplaces was carried out in the organization, then within 5 years after its completion, you can not carry out SOUT ()

Unscheduled certification is carried out before the end of the 5 year period in the following cases ():

commissioning of newly organized jobs;
receipt by the employer of an order from the state labor inspector to conduct an unscheduled special evaluation working conditions in connection with the identified violations;
change technological process, replacement production equipment, which are able to influence the level of impact of production factors on workers;
change in the composition of the materials used and (or) raw materials that can affect the level of exposure of production factors to workers;
change in the means of individual and collective defense, capable of influencing the level of impact of production factors on workers;
an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.

Step 1 - formation of a commission for a special assessment of working conditions

S.V. Polyashov, 2014

Actions:

Decide on the composition of the commission ().
Issue an order to create a commission and acquaint it with the signature of the members of the commission ()

Outgoing documents:

order (order on the composition and procedure for the activities of the commission on SOUT) ()

Comment:

The commission is headed by the employer or his representative.

Number of commission members should be odd ().

The commission should include ():

labor protection specialist;
representative of the trade union organization of the enterprise or other representative body of employees (if any).

For organizations classified as small businesses, the commission should include: ():

the employer - personally the individual entrepreneur himself, or the employer - the head of the organization (director, etc.),
labor protection specialist - an employee of this organization, or involved under a civil law contract, or a representative of a specialized organization involved to perform the functions of a labor protection service (specialist).

The composition and procedure for the activities of the commission are approved by order (instruction) of the employer ().

Step 2 - development and approval of the list of workplaces where the SOUT will be carried out, indicating similar workplaces

S.V. Polyashov, 2014

Incoming Documents:

regular organization schedule,
list of employees this moment time.

Actions:

develop and approve by the commission a list of workplaces where the SOUT will be carried out ().

Outgoing documents:

The form of the list has not yet been approved by law. The list of jobs can be made as follows:

Individual workplace number	Name of the workplace and sources of harmful and (or) dangerous factors of the working environment and labor process	Number of employees employed at this workplace (persons)	Availability of a similar job(s)

	seamstress, sewing machine
	production manager
	director
	Chief Accountant
	Human Resources Manager

The letter "a" in the table marks similar jobs.

Similar jobs are places ():

located in one or more similar industrial premises(production areas),
equipped with the same (same type) ventilation, air conditioning, heating and lighting systems,
in which employees work in the same profession, position, specialty,
in which employees perform the same labor functions,
which have the same working hours,
on which the same type of technological process is carried out,
which use the same production equipment, tools, fixtures, materials and raw materials,
where employees are provided with the same personal protective equipment.

This list will be necessary for concluding an agreement with a specialized organization for SOUT.

Step 3 - search and involvement of a specialized organization in the SOUT

S.V. Polyashov, 2014

Incoming Documents

documents confirming the compliance of a specialized organization with the requirements( and ).

Actions:

select an organization that has the right to conduct SOUT,
check organization documents,
determine what information, documents and information you need to transfer to the organization conducting the SOUT under the contract (),
conclude an agreement with the organization,

Outgoing documents

a civil law contract for the conduct of SAUT (), containing, among other things, information about documents that the employer is obliged to provide to the organization conducting the SOUT under the concluded agreement ( ),

Comments:

To conduct the SOUT, it is necessary to conclude an agreement with a specialized organization corresponding to ().

Organizations previously accredited as certifying organizations can conduct a special assessment of working conditions before the expiration of their existing certificates as of 01.01.2014. accreditation certificates, but no later than December 31, 2018 ().

If the validity of the certificate of accreditation of the laboratory of the certifying organization expires in 2014, then the organization has the right to conduct the SOUT until December 31, 2014 ().

You can pick up such an organization on the page of SOUT firms at the link.

Before signing a contract:

study carefully founding documents organizations and check them on the website of the Federal tax service(egrul.nalog.ru) or upon response to a request from the Federal Tax Service - the name of the organization, TIN, KPP, ORGN, legal address must match; the organization must be active;
require documents confirming the compliance of the specialized organization with the requirements (the employer's right to demand these documents is enshrined and);
check the entry certificate State Register accredited organizations providing services in the field of labor protection, compare with the corresponding entry on the official website of the Ministry of Health of the Russian Federation;
study the accreditation certificate and the scope of accreditation - make sure that the studies you require are included in the scope of accreditation and that the accreditation certificate will not expire before the completion of the SUT;
read the text of the agreement:

The contract must specify which the documents, details and information the employer is obliged provide the organization conducting the SATS (). In case of non-submission of these data, documents and information,
the contract must specify terms that the employer must provide for the implementation of the SOUT. If the employer refuses to provide these conditions, the organization conducting the SOUT is obliged do not start or stop work ().
look at what documents the organization conducting the SATS will be required to prepare - will it develop a schedule for the SATS, declarations of compliance with the working conditions, etc.

© S.V. Polyashov, 2014
Author: S.V. Polyashov, 2014. Copying is permitted only with the written consent of the author, and the presence of a mandatory active link to the website

Step 4 - development and approval of the schedule for conducting the SUT

S.V. Polyashov, 2014

Incoming Documents:

documents that the employer is obliged to provide to the organization conducting the SAUT under the concluded agreement (),
a list of places where the SOUT will be carried out indicating similar jobs ()

Actions:

together with the organization conducting the SATS, develop and approve the schedule for the SATS ()

Outgoing documents:

schedule for a special assessment of working conditions ().

Comment:

There is no officially approved form of the schedule. At this step, you will already have concluded an agreement with the organization for the SATS, whose specialists will help develop a schedule for the SATS.

Step 5 - Carrying out the identification of production factors

S.V. Polyashov, 2014

Incoming Documents:

Documents that the employer is obliged to provide to the organization conducting the SAUT under the concluded agreement (),
a list of places where the SOUT will be carried out indicating similar jobs ()

Actions:

Help the expert of the organization conducting the SUT to examine the workplaces and understand the technical and other documentation of your organization.
Approve the identification results by the commission ().

Outgoing documents:

identification results ().

Comment:

Identification is carried out by the organization's expert on SOUT (). The identification procedure is described in detail.

The essence of identification: an expert on SUT examines the documentation available to the employer ( technical documentation on equipment, projects, results of previous measurements of harmful factors, etc.), conducts a survey of workplaces by examining them, interviews employees, etc. and identify harmful factors.

Can't be identified ():

1. workplaces workers, professions, positions, specialties of which are included to the lists relevant jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which early appointment of an old-age labor pension;

2. workplaces, in connection with the work on which employees in accordance with legislative and other regulatory legal acts guarantees and compensations are provided for work with harmful and (or) dangerous working conditions;

3. workplaces where, based on the results of previous certification of workplaces in terms of working conditions or a special assessment of working conditions harmful and (or) dangerous working conditions were established.

Once identified, jobs will be divided into three groups:

workplaces where harmful (dangerous) factors are identified;
workplaces where harmful (dangerous) factors are not identified;
jobs that were not subject to identification.

The commission must approve the identification results ().

Step 6 - compiling and sending to the appropriate state body a declaration of compliance with working conditions with regulatory requirements

S.V. Polyashov, 2014

Incoming Documents:

a list of jobs where harmful factors have not been identified.

Actions:

draw up or read the declaration,
send a declaration to government agency ().

Outgoing documents:

Declaration of compliance of working conditions with regulatory requirements.

Comment:

In relation to workplaces where harmful (dangerous) production factors have not been identified, the employer must submit a declaration on the compliance of working conditions with regulatory requirements to the labor inspectorate.

The law does not say who should draw up the declaration - the organization conducting the SOUT or the employer's organization. To avoid disagreements, write down this obligation in advance in the contract for the conduct of the SOUT.

There is no official declaration form yet.

The declaration is valid for 5 years. The countdown begins from the date of approval of the report on the conduct of the SAUT ().

If an employee for whom the declaration has been filed has an accident at work (with the exception of an accident at work that occurred through the fault of third parties) or an occupational disease has been detected in the employee, then the declaration for this workplace shall cease to be valid in relation to this employee unscheduled SOUT ().

The decision to terminate the validity of the declaration is made by the labor inspectorate no later than 10 calendar days from the date of the accident and occupational disease (

Effective since the beginning of 2014 the federal law dated December 28, 2013 No. 426-FZ (hereinafter referred to as the Law on SOUT). Its provisions completely abolished the certification of jobs, and instead introduced new order analysis of harmful factors of work - a special assessment of working conditions (hereinafter - SOUT).

Despite the fact that the transition period is still ongoing, and for many, the deadline for conducting the SOUT will be December 2018, labor inspectorates are already conducting regular and unscheduled inspections, revealing thousands of violations. In order not to incur fines and penalties, employers should understand innovations as early as possible.

The essence of the special assessment of working conditions

SOUT, in essence, is a verification and assessment by independent experts of working conditions at predetermined workplaces. If the work is associated with harmful and hazardous effects, a specialized organization makes the necessary instrumental measurements and, having established the impact of conditions on the people working there, assigns one of the possible classes to the workplace:

Optimal; valid;
Harmful; dangerous.

The amount deducted by the employer for its employees in the FIU, as well as the amount of benefits due to employees, depends on the results of the SOUT ( additional leave, reduced hours, etc.).

Reducing the influence of the detected harmful factors in the future can minimize the established additional tariff and even reduce it to zero, and will also reduce the employer's expenses for compensation and guarantees for employees engaged in hazardous production. Turns out than better conditions labor of employees, the less the employer will have to pay.

Who needs to carry out SOUT?

The Law on SOUT imposes the obligation to finance and organize the special assessment process on all employers - legal entities and individual entrepreneurs who employ employees. Accordingly, a special assessment of working conditions is not required:

1) Entrepreneurs conducting activities without hiring employees;

2) For employers - individuals.

What is subject to special assessment?

The working conditions of employees are evaluated according to the physical parameters of their workplaces, i.e. places under the control of the employer, to which employees need to come to carry out their official duties. According to the Law on SOUT, the places of all employees, except for those who:

works for employers - individuals;
works at home;
performs work remotely.

Checking working conditions is carried out at all workplaces, taking into account their similarity. Equivalent jobs are those that:

are located in the same type of zones with the same conditions of lighting, ventilation and heating;
equipped with the same production equipment and personal protective equipment;
assume the work of employees with the same positions and labor functions.

Despite the fact that only a fifth of similar jobs (but not less than two) are subject to verification, the results of a special assessment of working conditions apply to all similar places.

Terms of the planned SOUT

From 2014 to 2018, legislators have provided for a transitional period during which the results of the previously conducted certification of workplaces will be valid and a stage-by-stage implementation of a set of assessment measures will be possible. However, there are workplaces where SOUT needs to be carried out immediately. The Law on SOUT lists the deadlines given to employers for obtaining the primary results of a planned special assessment for various groups of jobs:

1) At workplaces certified up to entry into force of the Law on SOUT, the special assessment is carried out until the end of the validity of the certification results, i.e. within five years from the date of its implementation.

Important! At the initiative of the employer, an early scheduled special assessment is possible. This may be required if the working conditions at the workplace have been improved since the certification, and based on the results of the SOUT, the employer plans to reduce its costs for providing guarantees and compensations to privileged categories of employees.

2) At workplaces that are active and not subject to certification earlier:

a) The special assessment is carried out until December 31, 2018, if the type of these jobs is not listed in paragraphs 1, 2, part 6 of Art. 10 of the Law on SOUT. This list includes the workplaces of employees whose duties are related exclusively to:

work on computers;
periodic use of printers, photocopiers, as well as household appliances.

However, the process of organizing the SAUT should be carried out in stages and not postponed until the end of 2018. After all, the rush demand for the services of experts and the workload of specialized organizations - appraisers at the end of the transition period may create conditions in which it will become impossible to obtain the results of the SOUT within the specified time frame.

b) A special assessment is made immediately if the type of these jobs is included in paragraphs 1, 2, part 6 of Art. 10 of the Law on SOUT. Such jobs include those where work provides employees with:

early retirement;
guarantees and compensations in connection with dangerous and harmful working conditions.

When does the five year term end? of the results of the initial SUT, it becomes necessary to re-evaluate, but only for those employers who have previously identified hazardous or harmful conditions labor. For employers who have a declaration of compliance of workplaces with established standards (of course, if working conditions have not changed and remain safe), the effect of the results recorded by the primary SOUT is extended for the next five years, reducing the employer's costs for special assessment activities.

If circumstances do not arise that cancel the declaration, it, according to experts, will continue to work, because the Law on SATS does not provide for the number of possible extensions. However, there is no jurisprudence on this issue, and it is quite possible that other opinions may soon arise.

In what cases is an unscheduled SOUT required?

The transition period does not apply to unscheduled special assessments, which means that now all employers who experience the events listed in Art. 17 of the Law on SUT, within six months they are required to carry out unscheduled measures to assess working conditions. Conditions that cause an unscheduled SOUT include:

the emergence of new jobs, including those for only registered employers;
change production process, the composition of the materials used and other factors that may affect the harmfulness and danger of labor for workers;
an occupational disease of an employee or an accident at work, the occurrence of which is associated with hazardous working conditions;
union demand;
labor inspectorate order.

Who conducts a special assessment of working conditions?

In order to identify potentially dangerous factors, measure deviations from the norm, and also to formalize the results of the SOUT, the employer must engage a specialized organization on the basis of a civil law contract. In addition, it is possible to conclude a voluntary liability insurance agreement in parallel in order to minimize the risk of damage in the process of measurements, research and other aspects of the work of experts.

Taking into account the requirements of the Law on SUT regarding the independence of experts, restrictions are imposed on the list of persons allowed to conduct a special assessment. For example, the founder of the audited organization or his close relative cannot conduct the SATS.

Specialized organizations must also comply with the conditions prescribed in the Law on SOUT, compliance with which is confirmed by attestation of the Ministry of Labor of the Russian Federation and inclusion in a special register open for review on the website www.rosmintrud.ru. In particular, until December 2018, this register will also include firms that were previously admitted to attestation of workplaces and have an accreditation certificate valid for the current date.

Before concluding an agreement on the conduct of the SAUT with any company, the employer must check its compliance with all legal requirements. Otherwise, the results of the special assessment of working conditions may be canceled. labor inspectorate, and the employer will have to bear the costs of a repeated, unscheduled assessment.

Results of a special assessment of working conditions

The results of the SOUT are drawn up in the form of a report of an expert organization in the form approved by the Ministry of Labor. The document reflects a list of specific jobs and the classes and subclasses of working conditions established for them. The results of the SOUT come into effect from the date of signing the report and oblige the employer to:

transfer to the FIU additional (for the classes "harmful" - from 2 to 7% and "dangerous" - 8%);
provide necessary guarantees and compensations to employees;
provide employees with the necessary protective equipment;
carry out activities that affect the minimization and elimination of harmfulness and danger of production factors;
exercise control over maintaining the safety of workplaces included in the "optimal" and "acceptable" classes.

The report must be familiarized with the report in the next 30 calendar days to all employees whose workplaces were checked during the SATS. If the employee does not agree with the results, he has the right to request a state expertise in relation to his workplace. If the results of the SOUT do not suit the employing organization, he can submit an application to the Ministry of Labor and Social Protection, appeal against the unreasonable or inaccurate results of the audit and conduct a second special assessment.

In addition, within the next month, the results of the SOUT should be posted by the employing organization on the official website (if available). The territorial body of the FSS is notified within the time limits provided for the submission of current reports, and the information is submitted by including Form 4-FSS in section 10.

Responsibility for violations in the field of SUT

During the first year of the Law on SOUT, more than 23 thousand, and for half of 2015 - more than 11 thousand facts of non-compliance were recorded labor law. According to the Federal Labor and Employment Service, which analyzed the identified violations, the most common employer misconducts are:

1) Non-conduction of SOUT in cases when it is necessary;

2) Failure to communicate the results of the SOUT to the employees;

3) Violation of the procedure for conducting the SOUT in terms of:

non-involvement of a specialized organization;
absence of the commission or non-involvement of employees in its composition;
analysis of not all relying jobs;

4) Lack of proper registration of the results of a special assessment of working conditions;

5) Failure to provide the proper amount of guarantees and compensations based on the assigned classes of working conditions.

Both the organization itself that committed the misconduct and its officials (manager, labor protection specialist or other person who, by virtue of the position or order of the director, is entrusted with the responsibility for conducting the SAUT) can be held liable for violations in the field of SATS. Moreover, the application of punishment to a legal entity can be carried out simultaneously with the bringing to administrative responsibility of responsible employees, which comes from the analysis of part 3 of Art. 2.1 of the Code of Administrative Offenses of the Russian Federation.

Administrative punishment for non-conduct or violation of the order of organization of the SOUT is determined in accordance with Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, and its shape and size depend on a number of factors:

in relation to whom it is applied (legal entity, individual entrepreneur or official);
bringing to responsibility primary or repeated;
no threat to life and health (warning or fine) or harm to employees (suspension of activities and disqualification of persons) due to the misconduct of the employer.

In particular, the penalties are:
For organizations - 60-80 thousand rubles. at the primary and 100-200 thousand rubles. in case of repeated misconduct;
For individual entrepreneurs and officials - 5-10 thousand rubles. at the primary and 30-40 thousand rubles. upon repeated misconduct.

When the violation resulted in a threat to human health or an accident, then the punishment can be applied in the form of suspension of activities legal entity or IP for 90 days, and officials held accountable are disqualified for a period of one to three years.

Conclusion

The state is trying to protect its citizens and provide them with certain rights, including the right to safe work. According to statistics, about 40% of existing jobs are associated with risk factors for health and life. By introducing a mandatory assessment of harmfulness and danger working conditions, legislators minimize the likelihood of injuries or illnesses received at work.

I am glad that during state regulation in the field of labor protection, not only "whips" were provided in the form of fines and penalties for failure to comply with the requirements of the Law on OSH, but also "carrots" that provide a conscientious employer with a minimum of additional costs and a permanent extension of the declaration of conformity. In addition, for the employer, who organized the SOUT in time and with high quality, even reports to the state information system can be sent by a specialized firm that carried out the assessment.

Question

Who needs to pass the SOUT and in what time frame?

Answer

Conducting a special assessment is the responsibility of all employers, while the process should cover the workplaces of all employees except those employed at home, remotely, as well as those who have issued labor contract with employers-citizens without IP status.

To conduct a special assessment of working conditions for the first time in connection with the adoption of Law N 426-FZ, transitional provisions on terms are provided.

Assessment of working conditions should be carried out:

1) at previously certified workplaces - no later than five years from the date of the last certification (part 4 of article 27, paragraph 3 of part 6 of article 10 of Law N 426-FZ).

However, if the results of the last certification expired, according to the results of which the working conditions at workplaces were recognized as harmful and (or) dangerous, a special assessment of working conditions at such workplaces must be carried out without delay.

2) at previously uncertified workplaces that are not included in paragraphs 1, 2, part 6 of Art. 10 of Law N 426-FZ and put into operation before 01/01/2014.

In Law N 426-FZ there is no direct indication of the period for conducting a special assessment in relation to such jobs. We believe that it can be carried out in stages and should be completed no later than December 31, 2018. This conclusion follows from the analysis of Part 6 of Art. 27, part 1, art. 28 of Law N 426-FZ. A similar opinion is shared by the Ministry of Labor of Russia in a letter of October 20, 2015 N 15-1 / OOG-5597 and the courts (see, for example, the Appeal ruling of the Chelyabinsk regional court dated November 11, 2014 in case No. 11-11698/2014).

3) at previously uncertified workplaces included in paragraphs 1, 2, part 6 of Art. 10 of Law N 426-FZ, - in as soon as possible from the date of entry into force of this Law. These jobs include:

a) workplaces of employees whose professions (positions, specialties) are included in List No. 1 and List No. 2 and other lists, taking into account which an old-age labor pension is assigned ahead of schedule;

b) workplaces in connection with the work at which employees are provided with guarantees and compensations for work with harmful and (or) dangerous working conditions (for example, based on the List).

Please note that there are cases in which it is necessary to conduct a special assessment earlier than after five years, that is, unscheduled. So, an unscheduled assessment is carried out in the following cases (part 1 of article 17 of the Federal Law "On a special assessment of working conditions"):

1) commissioning of newly organized jobs;

2) the receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with those identified during the federal state supervision of compliance with labor laws and other regulatory legal acts containing norms labor law, violations of the requirements of this Federal Law;

3) change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;

4) change in the composition of the materials used and (or) raw materials that can affect the level of exposure to harmful and (or) hazardous production factors on workers;

5) change in the applied means of individual and collective protection, which can affect the level of exposure to harmful and (or) hazardous production factors on workers;

6) an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;

7) availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.

What is the timing of the SOT?

SOUT at the places of work of employees, in accordance with Part 4 of Art. 8 of the Law "On SOUT" dated December 28, 2013 No. 426-FZ (hereinafter referred to as the Law), should be carried out at least once every 5 years. In this case, the period begins to be counted from the moment the report on the previous assessment is approved.

However, the frequency of the SAUT, according to Part 1 of Art. 17 of the Law may change in the following cases:

with the introduction of new jobs;
receiving an order from the state labor inspectorate to conduct an unscheduled inspection due to the detection of violations of labor protection standards (hereinafter - OT) during the state supervision measures;
identifying factors that may increase the level of danger to the life and health of workers employed in production (for example, when replacing equipment or changing technology);
changes in the composition of materials used in production, which may lead to a change in safe working conditions;
replacement of protective equipment (individual, collective), which may affect the increase in the level of exposure to harmful factors on employees;
detection of occupational diseases in employees caused by exposure to harmful factors at the place of work;
accident at the place of execution job duties;
receipt of a motivated demand of the trade union body to conduct an unscheduled SOUT.

According to part 2 of Art. 17 of the Law, 1 year is allotted for conducting an unscheduled SOUT when creating new places for the performance of labor duties, replacing equipment and changing the technological production process. If other conditions listed above occur, it must be carried out within six months.

Don't know your rights?

In the event that the reason for the unscheduled inspection is the decision of the supervisory authority, until the report is approved, the working conditions of employees whose jobs will be assessed for compliance with labor protection standards (part 4 of article 17 of the Law) should not be allowed to deteriorate. In particular, they must be provided with all the guarantees due to them and have the right to compensation for the performance of labor duties in harmful conditions, just as before the start of the SAUT, the results of which were obtained in violation of the current legislation.

What is the responsibility for the untimely implementation of the SOUT?

According to paragraph 1 of part 2 of Art. 4 of the Law, the employer is obliged to ensure the conduct of the SOUT on time, and this also applies to unscheduled assessment. He is also obliged to provide all possible assistance in the form of providing all required documents, information and explanations of the organization hired to conduct the SOUT.

In case of non-fulfillment of obligations to carry out the SOUT in terms of compliance with the norms for labor protection, the guilty person, in accordance with Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of Russia, penalties are imposed. Officials and individual entrepreneurs at the same time face a fine of up to 5,000 rubles, employer companies - up to 80,000 rubles.

So, a planned SOUT should be carried out at enterprises and at individual entrepreneurs with employees at least once every 5 years. However, if a number of conditions arise, such as the creation of new places for the performance of labor duties, the receipt of an order, actual evidence of a violation of the requirements of labor protection, etc., it is required to conduct an unscheduled SOUT. This is given from six months to a year, depending on the nature of the factors that may affect the health of employees.

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