Sout results. What is important for an accountant to know about a special assessment of jobs? Standards for a special assessment of working conditions

For quite some time now special evaluation working conditions is the obligation of the employer, provided for by the Labor Code. Consider how it should be carried out in order to fulfill all the requirements of the law. Let's talk about the stages of a special assessment of working conditions.

Legal basis for the special assessment

As mentioned above, a special assessment of working conditions (hereinafter - SOUT) is provided for by the Labor Code of the Russian Federation, namely, Art. 212. But the code only establishes an obligation for employers to carry it out without giving any specific information.

In detail, all issues related to the conduct of the SOUT are reflected in the law of December 28, 2013 No. 426-FZ “On a special assessment of working conditions” and in the methodology approved by order of the Ministry of Labor of January 24, 2014 No. 33n.

The law establishes the general procedure for organizing and conducting the SATS, and the methodology contains specific techniques and criteria used in the evaluation of jobs.

Let us consider in detail the procedure for conducting a special assessment of working conditions.

Preparation for the SOUT

The law places the responsibility for organizing and financing the SOUT on the employer (Article 8 of Law No. 426-FZ).

For this purpose, a commission is being created, the formation of which is subject to certain requirements (clauses 1-4 of article 9 of law No. 426-FZ):

1. The number of committee members must be odd.
2. The committee must be chaired by a representative of the employer.
3. The composition of the commission must include a labor protection specialist (full-time or working under a civil law contract).
4. If the enterprise has a trade union organization or another elected body of workers, then its representatives must also be included in the commission.

Further in preparation for the SUT, it is necessary to determine the list of jobs that will be assessed. When forming this list, it is important to correctly determine which of the jobs are similar. Similar jobs are understood as workplaces located in the same type of premises with the same working conditions, where employees perform the same tasks. labor functions(Clause 6, Article 9 of Law No. 426-FZ).

If there are such places in the enterprise, then it is possible to evaluate 20% of the places from each “group” (but not less than two). The evaluation results for the sample apply to all jobs in this group.

SOUT schedule: timing

The schedule is compiled simultaneously with the list of jobs to be assessed.

The current regulations on SUTs were adopted mainly in 2013 and 2014. But this, of course, does not mean that earlier job evaluations were not carried out at all. Until 2013 inclusive, this procedure was called attestation.

When scheduling the SAUT, one should take into account the transitional provisions provided for in Art. 27 of Law No. 426-FZ. If the company until 2014. If workplaces were attested, then in the general case, the SOUT may not be carried out until 5 years from the date of certification. However, in any case SOUT for all workplaces on the basis of the new regulation must be completed before 12/31/2018.

Employers must complete a special assessment of working conditions before the end of 2018

According to Part 6 of Article 27 of the Federal Law of December 28, 2013 No. 426-FZ “On the Special Assessment of Working Conditions”, all employers must, as a matter of priority, conduct a special assessment at workplaces with hazardous and harmful production factors. At all other workplaces, including office ones, it is allowed to conduct a special assessment in stages. Wherein final stage must be completed no later than December 31, 2018. Thus, all companies and individual entrepreneurs that have hired employees are required to conduct a special assessment in 2018, and, based on its results, indicate the class of working conditions in employment contracts.

For certain categories of jobs listed in Part 6 of Art. 10 of Law No. 426-FZ, SOUT must be carried out as a matter of priority, without taking into account the timing of the previously conducted certification (letter of the Ministry of Labor dated 08.12.2014 No. 15-1 / B-1829). These are the following places:

1. For employees eligible for early retirement.
2. For employees who are provided with various benefits "for harmfulness".
3. Places where harmful (dangerous) working conditions were previously established.

The employer, having chosen an organization for conducting the SAUT, concludes a civil law contract with it. As part of the contract, the customer is obliged to provide the contractor with all Required documents and other information for assessing working conditions and harmful (dangerous) production factors.

Identification and measurement of harmful (dangerous) factors

The SOUT procedure itself begins with the identification of harmful or dangerous factors production. The methodology for conducting a special assessment of working conditions refers to them:

1. Microclimate (temperature, humidity, pressure).
2. radiation different kind(including ionizing).
3. Physical factors (noise, vibration)
4. Chemical and biological factors.

Identification is carried out by an expert of a specialized organization, and then approved by a commission created by the employer.

If harmful (dangerous) factors have been identified, they must be measured and classified. The assessment procedure and standard values ​​are reflected in the Methodology for conducting a special assessment of working conditions No. 33n.

According to the results of the assessment, jobs are divided into four classes:

1. Optimal (grade 1) - there are no undesirable factors or their influence is within safe limits.
2. Permissible (grade 2) - the impact of factors can be neutralized during normal rest at the end of work.
3. Harmful (grade 3) - exposure to factors can lead to the development of occupational diseases, recovery requires a long rest. This class is divided into 4 degrees, depending on the intensity of exposure to harmful working conditions.
4. Dangerous (class 4) - factors pose a threat to the life of an employee or can lead to the development of occupational diseases in an acute form.

Read also New rules for working at height and labor protection

Registration of the results of the special assessment

Based on the results of the SOUT, a report is drawn up (Article 15 of Law No. 426-FZ), which includes:

1. Information about the organization that conducted the SOUT
2. A list of checked workplaces indicating the identified harmful (dangerous) factors.
3. Research protocols.
4. Information about the classes of working conditions for workplaces.
5. Protocol for evaluating the effectiveness of the applied protective equipment at those workplaces where it is necessary.
6. List of labor protection measures.

The report must be signed by all members of the commission and approved by its chairman.

Use of SOUT results

Within 3 days from the date of approval, the customer of the SUT must inform the organization that conducted the study and send a copy of the approved document to its address.

The employer must familiarize the employees with the results of the SOUT within 30 calendar days from the date of approval of the report (clause 5, article 15 of Law 426-FZ).

Employees whose jobs are recognized as harmful are entitled to various benefits and compensations provided for by law (preferential pension, additional payments to tariff rate, shortened working hours, additional vacation, etc.)

Within the same period (30 days), the employer must post the results of the SOUT on its website. Publication is subject to information on the established classes for workplaces and ongoing measures for labor protection.

For jobs for which undesirable factors of production not identified, or for jobs classified as class 1 or 2, the employer within 30 working days submits to the regional division of the Ministry of Labor a declaration of compliance with working conditions (Article 11 of Law 426-FZ, order of the Ministry of Labor of the Russian Federation dated February 7, 2014 No. 80n).

Also, the employer must notify the results of the special assessment of the FSS of the Russian Federation (subparagraph 18, clause 2, article 17 of the law of July 24, 1998 No. 125-FZ “On mandatory social insurance…”). The FSS uses this information to make decisions about discounts or surcharges on the insurance rate for this employer.

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What are the deadlines for assessing working conditions in the workplace? In what cases should an employer conduct an unscheduled inspection? For whom can a phased special assessment be carried out? What liability is provided for violations of the assessment procedure?

We have already written more than once on the pages of our magazine about the procedure for conducting a special assessment of working conditions at workplaces. But since this procedure quite new, during its implementation mistakes are often made, which result either in fines, and not at all small ones, or in litigation with employees. After all, they have the right to challenge the results of the assessment. In addition, some employers who have not yet conducted a special assessment are held administratively liable for not conducting it. But based on the judicial practice that is beginning to take shape, this is not always legal. In the article, using examples of court decisions, we will consider what violations employers can make in the field of special assessment.

The timing of the special assessment.

Perhaps one of the main questions of interest to many employers who have not yet conducted a special assessment of working conditions in the workplace is when should they do this?

Let us first turn to paragraph 4 of Art. 8 of the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions" (hereinafter - Law No. 426-FZ), according to which it is carried out at least once every five years, unless otherwise provided by this law.

Moreover, by virtue of paragraph 4 of Art. 27 of Law No. 426-FZ, if prior to the date of entry into force of this law, that is, before 01/01/2014, certification of working conditions was carried out in relation to workplaces, a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the date of completion of certification. At the same time, the results of the latter are used in the same way as the results of the special assessment, for the purposes referred to in Art. 7 of Law No. 426-FZ.

However, there are exceptions to the rule.

1. The employer must conduct an unscheduled special assessment of working conditions in the cases established by Art. 17 of Law No. 426-FZ:

• commissioning of newly organized workplaces (clause 1 of part 1);
• receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment in connection with those identified during the supervision of compliance labor law violations of the requirements of Law No. 426-FZ and other labor protection requirements (clause 2, part 1);
• change technological process, replacement production equipment, which are capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers (clause 3, part 1);
• change in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers (clause 4, part 1);
• change in the means of individual and collective defense, capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers (clause 5, part 1);
• an industrial accident that occurred at the workplace (except for a case 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 (clause 6, part 1);
• availability of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers to conduct an unscheduled special assessment of working conditions (clause 7, part 1).

The period for conducting an unscheduled inspection is 12 months from the date of occurrence of the cases specified in clauses 1 and 3 of part 1 of Art. 17 of Law No. 426-FZ, and 6 months from the date of occurrence of the cases specified in clauses 2, 4 - 7, part 1 of Art. 17 of Law No. 426-FZ.

Note

Until 05/01/2016, the period for conducting an unscheduled inspection for all cases was six months.

2. In relation to the jobs specified in Part 7 of Art. 9 of Law No. 426-FZ, a special assessment of working conditions is carried out taking into account the features established by the Ministry of Labor in agreement with the federal executive body responsible for developing state policy and legal regulation in the relevant field of activity. Until such features are established, the general procedure provided for by Law No. 426-FZ is applied.

note

The list of jobs in organizations engaged in certain types of activities, in respect of which a special assessment of working conditions is carried out taking into account the features established by the authorized federal executive body, was approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290.

We also note that according to part 6 of Art. 27 of Law No. 426-FZ in relation to jobs not specified in Part 6 of Art. 10 of Law No. 426-FZ, a special assessment of working conditions can be carried out in stages and must be completed no later than 12/31/2018.

A staged special assessment procedure cannot be carried out in relation to jobs
Employees, professions, positions whose specialties are included in the lists of jobs, industries, professions, positions, specialties, taking into account which an old-age pension is assigned ahead of schedule	In connection with work in which, in accordance with legislative and other regulatory legal acts, guarantees and compensations are provided for work with harmful and (or) dangerous working conditions	On which, based on the results of earlier certification on working conditions or special assessments, harmful and (or) dangerous conditions labor

It can be concluded that the employer must conduct a special assessment of working conditions at the workplace of the organization:

1. After five years from the date of certification of workplaces,
carried out before 01.01.2014.

And finally, the violations committed during the assessment were established by the chief specialist of the labor protection department, who made a state examination of the quality of the special assessment of the working conditions of the workplace of a neurosurgeon based on the decision of the judicial board.

The results of the special assessment were invalidated (Appeal ruling of the Sverdlovsk regional court dated June 24, 2016 in case No. 33-6870/2016).

Incorrect application of the results of the special assessment. There may be situations when an employer, when providing compensation to an employee for work in hazardous conditions, is guided only by the results of a special assessment. But this is not enough in all cases. The requirements of other federal laws should also be taken into account.

The employee filed a lawsuit against FKUZ MSCH-10 of the Federal Penitentiary Service of Russia (hereinafter - FKUZ) for granting her additional paid leave for 2015 in connection with the performance of the duties of paramedical personnel, work in harmful conditions and in accordance with the Law of the Russian Federation dated 02.07.1992 No. 3185 -1 "On psychiatric care and guarantees of the rights of citizens in its provision" (hereinafter - Law No. 3185-1).

The employer, justifying his refusal to grant leave, indicated that, according to the special assessment card workplace The plaintiff has a 2nd class of working conditions, which are safe by law, so she is not entitled to additional leave. In addition, the position of an employee is not included in the list of employees providing psychiatric care, who are additional holidays in accordance with Decree of the Government of the Russian Federation of June 6, 2013 No. 482 (hereinafter referred to as Decree No. 482).

However, by a court decision, the claim was satisfied and the FKUZ was given the obligation to provide this medical worker involved in the provision of psychiatric care with additional annual paid leave for 2015, and here's why.

The specified leave is granted to employees whose working conditions at their workplaces, according to the results of a special assessment, are classified as harmful of the 2nd, 3rd or 4th degree or dangerous (Article 117 of the Labor Code of the Russian Federation).

In accordance with par. 1 and 2 h. 1 tbsp. 22 of Law No. 3185-1, medical and other workers involved in the provision of psychiatric care have the right to:

• for reduced working hours;
• for annual additional paid leave for work with harmful and (or) dangerous working conditions in accordance with the legislation of the Russian Federation.

Law No. 3185-1 also provides that these guarantees are provided to other employees of medical organizations participating in the provision of psychiatric care, subordinate to federal executive authorities, state academies of sciences, medical organizations subordinate to the executive authorities of the constituent entities of the Russian Federation, as well as other employees from among civilian personnel military units, institutions and subdivisions of federal executive bodies, in which the law provides for military and equivalent service, are provided based on the results of a special assessment of working conditions (paragraph 4, part 1, article 22 of the law).

Note

According to the list approved by Decree No. 482, medical workers involved in the provision of psychiatric care, middle and junior medical personnel (except for medical statistics), the duration of the annual additional paid leave is 35 calendar days.

Having established that L. N.A. is a medical worker directly involved in the provision of psychiatric care (a medical ward nurse of the psycho-neurological department of the FKUZ), and guided by Art. 22 of Law No. 3185-1, Resolution No. 482, the court confirmed that the provision of leave based on the results of a special assessment is provided for other employees involved in the provision of psychiatric care, to which the plaintiff does not apply. At the same time, the emergence of the right to additional annual paid leave for work in harmful and (or) dangerous conditions for medical workers involved in the provision of psychiatric care does not depend on the class of working conditions established by the special assessment, which is provided for other employees of medical organizations in accordance with paragraph . 4 hours 1 tbsp. 22 of Law No. 3185-1.

The panel of judges agreed with these conclusions of the court of first instance (Appeal ruling of the Supreme Court of the Republic of Karelia dated March 11, 2016 in case No. 33-719/2016).

Working conditions in the employment contract.

To prevent the occurrence of another error for which the employer may be held liable, let's say a few words about the employment contract, namely about one of its mandatory conditions– on guarantees and compensations for work with harmful and (or) dangerous conditions, if the employee is hired for such work, indicating the characteristics of working conditions at the workplace.

The Ministry of Labor in Letter No. 15-1 / OOG-2516 dated July 14, 2016 clarified how this item is entered after the special assessment and what to write in the employment contract before it is carried out.

So, if a special assessment has been carried out in your organization, it is necessary to supplement the employment contract with information about the class (subclass) of working conditions at the employee’s workplace, list the guarantees and compensation due to him.

The employer is obliged to notify the employee of the forthcoming changes in the terms of the employment contract, as well as the reasons that necessitated the changes. writing no later than two months in accordance with Art. 74 of the Labor Code of the Russian Federation.

Notifying an employee of a change in the employment contract will not be considered a written acquaintance with the results of the special assessment. The employee must be familiarized with the card of a special assessment of working conditions at his workplace against signature.

note

If an employee is hired to a newly organized workplace where an assessment of working conditions has not been previously carried out, then before it is carried out, the employment contract with a person hired to such a workplace may indicate his General characteristics(description of the workplace, equipment used and features of working with it).

At the same time, guarantees (compensations) for work in harmful and (or) dangerous conditions based on the results of a special assessment begin to be provided from the day the results come into force (from the moment the report on its implementation is approved).

Prior to the special assessment, employers should determine the possibility of compensating employees for harmful (dangerous) factors, if they are eventually identified.

In conclusion, we draw the attention of employers who have not yet conducted a special assessment to the following: do not forget that you have not only the obligation to ensure its conduction, but also the right to demand from the organization conducting it the rationale for the results of the assessment. Take this review seriously, because both your mistakes and the mistakes of the organization conducting the assessment can lead to litigation with employees.

"On Amendments to Certain Legislative Acts Russian Federation in connection with the adoption of the Federal Law "On the Special Assessment of Working Conditions".

"On the duration of the annual additional paid leave for work with harmful and (or) dangerous working conditions provided certain categories workers."

The procedure for conducting the SATS is enshrined in law and in some parts contains fairly liberal provisions. For example, according to paragraph 6 of article 27, for some jobs, a special assessment can be carried out in stages and must be completed by 12/31/2018. However, the courts have an ambiguous approach to the interpretation of this provision and make conflicting decisions (for example, Rulings of November 11, 2014 No. 11-11968/2014 and February 26, 2015 No. 33-5865/15), and fines for not holding this event can be up to 200 000 rubles.

SOUT: timing

A special assessment of working conditions for the first time must be carried out within a period not exceeding 12 months from the date of creation of a new workplace. If the organization has been operating for more than 12 months, and the certification of workplaces (AWP) or a special assessment of working conditions has never been carried out, then a special assessment must be carried out immediately or yesterday.

• safe work of its employees;
• labor protection of its employees;
• informing workers about the conditions in which they work, etc.

• safe working conditions;
• obtaining information about the conditions of harmfulness at their workplace.

That is, the employee has the right to require the employer to provide information about the degree of risk to his health, which may be exposed to harmful or dangerous production factors (even sitting in front of the monitor screen). And if the employer does not provide him with such information, the employee has the right to receive this information apply to the state supervision body for compliance with the law.

In this case, the employer will face a fine of up to 80,000 rubles and a written order on the need to organize a special assessment. Otherwise, an administrative suspension of the company's activities for up to 90 days may threaten.

Frequency of holding

The period of validity of the special assessment of working conditions is 5 years. The passage of time begins from the day the assessment report for each individual workplace is approved. The results of this event can be reduced to two options, when:

• no harmful factors were identified during the course;
• harmful factors are identified and classified accordingly.

Harmful factors have not been identified

If during the course of the special assessment no harmful and dangerous production factors were identified, such a workplace is subject to declaration to the territorial body of the federal service for labor and employment for compliance with working conditions with the regulatory requirements of labor protection.

In this case, if within the next 5 years in relation to this workplace there are no reasons to conduct an unscheduled special assessment, then after this period it is not necessary to carry out a repeated SOUT, the validity of the declaration is considered automatically extended.

And in what terms it is necessary to do the SOUT in the future (if it needs to be done at all), the law does not say ..

Harmful factors identified and classified

In this case, the period of validity of the special assessment of working conditions is 5 years. Moreover, this does not mean that five years have passed and it is necessary to start organizing a new special assessment. By the expiration of the five-year period, the employer must have the results of the attestation ready, that is, no interruption is allowed.

Workplace certification

AWP is, in fact, the same as a special assessment, only with a different name. Therefore, if the employer carried out the workstation before 01/01/2014, then current legislature allows him not to organize and conduct any additional events for the entire period of validity of the SOUT until the date of completion of the validity of the results of this certification, of course, if there are no grounds for conducting an unscheduled SOUT.

Terms of unscheduled SOUT

In the event of circumstances for an unscheduled special assessment, the legislation provides for two time periods - 6 and 12 months, depending on the reason.

6 months

A special assessment of working conditions must be carried out within the specified time if:

• the employer received an order to conduct an unscheduled special assessment;
• in production they begin to use new materials or raw materials that can harm the health of the employee;
• new means of individual and collective protection are being introduced (the class of harmfulness can be reduced, respectively, payments for harmfulness can be reduced);
• an accident has occurred (with the exception of an accident at work due to the fault of third parties);
• the medical commission established the fact of an occupational disease;
• a letter was received from the trade union about the need for an unscheduled special assessment.

12 months

SOUT must be carried out within the specified time if:

• new jobs are put into operation;
• technological processes, production equipment are changing, which can affect the level of exposure to harmful or hazardous production factors.

Timing of activities based on the results of the SOUT

From the date of approval of the report on the results of the SUT, the employer is obliged to:

• within 3 working days, notify the organization that conducted the SATS about the approval;
• no later than 30 calendar days, against signature, to familiarize employees with the results of the special assessment;
• no later than 30 calendar days, if there is a website on the Internet, post information about the results of the SAUT and the list of measures to improve labor protection conditions.

Shelf life of materials for a special assessment of working conditions

Deadline for compiling a report on the SOUT

It is established by the order of the employer when organizing this event at the stage of forming the commission.

Shelf life of SOUT materials

It is 45 years, however, if as a result of the SOUT, harmful or dangerous production factors are identified and working conditions are appropriately classified according to harmfulness and danger, such materials must be stored for 75 years.

Validity of SOUT materials

The materials based on the results of the special assessment are valid for the entire period of establishing the appropriate hazard class or the validity period of the declaration of compliance of working conditions with state regulatory requirements for labor protection.

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For any organization, a special assessment of working conditions is a mandatory event that is carried out jointly by the employer and a specialized organization authorized by the state, attracted by the employer on the basis of a civil law contract. All workplaces of the employer are subject to a special assessment of working conditions, except for the places of homeworkers, remote workers and employees who have entered into labor Relations With individuals who are not individual entrepreneurs.

Special assessment of working conditions (Further - SOUT) is a single set of consistently implemented measures to identify harmful and (or) hazardous factors of the production environment and labor process and assessing the level of their impact on the employee, taking into account the deviation of their 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 personal and collective protective equipment for workers (part 1, article 3 of the Federal Law "On special assessment of working conditions” of December 28, 2013 No. 426-FZ; Further- Law No. 426-FZ).

According to part 3 of article 8 of Law No. 426-FZ, a special assessment of working conditions carried out in accordance with the methodology for its implementation , which is approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Ministry of Labor and social protection of the Russian Federation by order of January 24, 2014 No. 33n ( Further- Order No. 33n) approved the Methodology for conducting a special assessment of working conditions ( Further - Methodology for conducting SATS).

A special assessment of working conditions is carried out at least once every five years , unless otherwise provided by Law No. 426. The specified period is calculated from the date of approval of the report on the conduct of the SAUT. Article 17 of Law No. 426 provides for cases conducting an unscheduled SOUT , in particular:

• commissioning of newly organized jobs;
• 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;
• change in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous 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 exposure of the employee to harmful and (or) hazardous production factors.

​

Unscheduled SOUT is carried out at the relevant workplaces within six months from the date of occurrence of the said events. SOUT regulation carried out Labor Code Russian Federation ( Further - Labor Code of the Russian Federation), Law No. 426-FZ, others federal laws and other normative legal acts of the Russian Federation (Article 2 of Law No. 426-FZ). The legislative acts of the Russian Federation contain requirements for workplaces and indicators of harmful and (or) dangerous factors of the working environment and the labor process ( Further - harmful and (or) dangerous production factors),
measured during the SAUT, as well as guarantees and compensations to employees employed in work with harmful and (or) dangerous working conditions (table).

• organization of the SAUT;

ORGANIZATION OF A SPECIAL ASSESSMENT OF WORKING CONDITIONS

providing services in this area and meeting the requirements of Article 19 of Law No. 426-FZ.

The statutory documents of the organization conducting the SATS should indicate that at least five experts working on employment contract and having an expert certificate for the right to perform work on the SOUT. In addition, the organization conducting the SATS, as structural unit must have , which is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and whose scope of accreditation is research (testing) and measurement of harmful and (or) hazardous factors of the working environment and the labor process.

The procedure for conducting the SOUT is established by Law No. 426-FZ and includes several stages:

• organization of the SAUT;
• preparation for the implementation of the SAUT;
• identification of potentially harmful and (or) hazardous production factors;
• research and measurement of harmful and (or) hazardous production factors;
• research (testing) and measurement of harmful and (or) dangerous factors of the production environment and the labor process during the implementation of the SAUT;
• registration of the results of the SOUT;
• declaring the compliance of working conditions with state regulatory requirements for labor protection.

Responsibilities for the organization and financing of the SOUT assigned to the employer. SOUT is carried out jointly by the employer and a specialized organization providing services in this area and meeting the requirements of Article 19 of Law No. 426-FZ. The statutory documents of the organization conducting the SATS should indicate that the main type of its activity (one of its activities) is the implementation of SOUT . This organization must have at least five experts working under an employment contract and having an expert certificate for the right to perform work on the SOUT.

In addition, the organization conducting the SATS, as a structural unit, must have testing laboratory (center) , which is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and whose scope of accreditation is research (testing) and measurement of harmful and (or) hazardous factors of the working environment and the labor process.

COMPOSITION AND PROCEDURE OF ACTIVITIES OF THE COMMISSION (LIST OF CARRYING OUT
NECESSARY MEASURES) ARE APPROVED BY THE ORDER (INSTRUCTION) OF THE EMPLOYER. THE SAME ORDER APPROVES THE SCHEDULE OF SOUT.

The employer concludes with such an organization that conducts the SOUT, civil contract .

PREPARATION FOR A SPECIAL ASSESSMENT OF WORKING CONDITIONS. FORMATION OF THE COMMISSION

Employer order (instruction) forms a commission for conducting a special assessment of working conditions ( Further - commission). The number of committee members 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 employees (if any). The commission is headed by the employer (his representative).

When conducting SOUT with the employer, referred in accordance with the legislation of the Russian Federation to small businesses , the commission includes the employer - individual entrepreneur(personally), the head of the organization, other authorized representatives of the employer, including a labor protection specialist or a representative of an organization or a specialist engaged by the employer under a civil law contract to perform the functions of a labor protection service (labor protection specialist), representatives of the elected body of the primary trade union organization or other representative body of employees (if any).

DETERMINING THE LIST OF JOBS WHERE A SPECIAL EVALUATION OF WORKING CONDITIONS WILL BE CARRIED OUT

Prior to the start of work on the implementation of the SOUT the commission approves the list of jobs where the SOUT will be carried out (indicating similar workplaces), as well as dangerous and (or) harmful conditions labor.

Similar jobs workplaces are recognized that are located in one or more similar industrial premises(production zones) equipped with the same (same type) air conditioning, ventilation, lighting and heating systems, where employees work in the same specialty, profession, position, perform the same labor functions in the same working hours while maintaining the same type of technological process with using the same production equipment, tools, fixtures, materials and raw materials and are provided with the same means personal protection.

Carrying out SOUT at similar workplaces has its own characteristics. When identifying similar places The SAMS is carried out for only 20% of the total number of such jobs (but not less than two jobs) and its results are applied to all similar jobs.

IDENTIFICATION OF POTENTIALLY HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS

Under identification of potentially harmful and (or) hazardous production factors refers to the comparison and establishment of coincidence of the factors of the production environment and the labor process at the workplace with the factors of the production environment and the labor process, provided for by the Classifier of harmful and (or) hazardous production factors, approved by Order of the Ministry of Labor No. 33n.

The procedure for the identification of potentially harmful and (or) hazardous production factors is established by the Methodology for conducting the SATS. According to section II of the Methodology for conducting the SAUT, the identification of potentially harmful and (or) hazardous production factors ( Further - identification) includes the following steps:

• identification and description of the factors of the production environment and the labor process, sources of harmful and (or) dangerous factors at the workplace;
• comparison and determination of the coincidence of the factors of the working environment and the labor process at the workplace with the factors of the working environment and the labor process, provided for by the Classifier of harmful and (or)hazardous production factors;
• making a decision on conducting research (testing) and measuring harmful and (or) hazardous factors;
• registration of identification results.

Identification of potentially harmful and (or) hazardous production factors in the workplace is carried out an expert of the organization conducting the SATS . The identification results are approved by the commission.

AndCCINVESTIGATIONS AND MEASUREMENTS OF HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS

As part of the SATS, all identified harmful and (or) hazardous factors of the production environment are subject to research (testing) and measurements. The list of detected harmful and (or) hazardous production factors that are subject to research (testing) is formed by the commission based on:

• state regulatory requirements for labor protection;
• characteristics of the technological process and production equipment;
• characteristics of the raw materials and materials used;
• results of previous studies and measurements
• harmful and (or) dangerous production factors;
• employee suggestions.

Research (testing) and measurement of actual values ​​of harmful and (or) hazardous production factors are carried out by the testing laboratory (center), experts and other employees of the organization conducting the SATS. Methods and methods of research and methods for measuring harmful and (or) hazardous production factors, the composition of experts are determined by the organization conducting the SATS independently. Expert of the organization conducting the SAUT, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors defines classes (subclasses) of working conditions at workplaces according to the degree of harmfulness and (or) danger .

When conducting studies (tests) and measurements of harmful and (or) hazardous production factors, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (testing) and methods (methods) of measurements and their corresponding measuring tools, measurement methods, and the measuring methods, PASSED VERIFIED AND INTRODUCED TO THE FEDERAL INFORMATION FUND TO ENSURE THE UNITY OF MEASUREMENTS (Part 4, Article 12 of LAW No. 426).

Article 14 of Law No. 426-FZ:

"2.Optimal working conditions (grade 1) are working conditions under which the impact on the employee of harmful and (or) hazardous production factors is absent or the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions and accepted as safe for humans, and prerequisites are created to maintain a high level of efficiency worker.

3. Permissible working conditions (grade 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which do not exceed the levels established by the standards (hygienic standards) of working conditions, and the altered functional state of the employee's body is restored during regulated rest or by the beginning of the next working day day (shift).

4. Harmful working conditions (Grade 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:

1) subclass 3.1 (harmful working conditions of the 1st degree)- working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after the impact of which the altered functional state of the employee's body is restored, as a rule, with a longer than before the start of the next working day (shift), the cessation of exposure to these factors, and increases the risk of damage to health;

2) subclass 3.2 (harmful working conditions of the 2nd degree)- working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of professional ability to work) ) arising after prolonged exposure (fifteen or more years);

3) subclass 3.3 (harmful working conditions of the 3rd degree)- working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period labor activity;

4) subclass 3.4 (harmful working conditions of the 4th degree)- working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) during the period of employment.

5. Dangerous working conditions (Grade 4) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which during the whole working day (shift) or part of it can endanger the life of the employee, and the consequences of these factors cause a high risk of developing an acute occupational disease during the period of employment.

THE PROTOCOL CONTAINING THE RATIONALE FOR THE DECISION ON THE IMPOSSIBILITY TO CARRY OUT RESEARCHES (TESTS) AND MEASUREMENTS OF HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS IS AN INTEGRAL PART OF THE SPECIAL ASSESSMENT REPORT
WORKING CONDITIONS.

The Commission has the right to decide on the impossibility of conducting research (testing) and measuring harmful and (or) hazardous production factors in the event that the specified studies (tests) and measurements at the workplace may threaten the life or health of employees, experts or other persons conducting the SATS . In this case, the working conditions in the workplace are dangerous class of working conditions without carrying out appropriate research and measurements. The commission draws up a decision on the impossibility of conducting research and measurements protocol containing the rationale for making such a decision.

The employer must send a copy of the protocol to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts containing norms labor law, at its location within 10 working days from the date of the decision.

RESEARCH (TEST) AND MEASUREMENT OF HARMFUL AND (OR) DANGEROUS FACTORS IN THE PRODUCTION ENVIRONMENT AND WORK PROCESS WHEN CARRYING OUT A SPECIAL ASSESSMENT OF WORKING CONDITIONS

As part of the SUT, the following harmful and (or) dangerous factors of the production environment are subject to research (testing) and measurement:

In addition, the following harmful and (or) dangerous factors of the labor process are subject to measurement during the SOUT:

• the severity of the work process (indicators of physical load on the musculoskeletal system and on functional systems employee's body)
• labor intensity (indicators of sensory load on the central nervous system and sense organs of the worker).

By certain types jobs, professions, positions and specialties by the Ministry of Labor and Social Protection of the Russian Federation, together with others executive bodies authorities and organizations an additional list of harmful and (or) dangerous factors of the working environment and the labor process may be established, which are subject to research and measurement during the SOUT . According to the test results, working conditions at workplaces are divided into four classes according to the degree of harmfulness and (or) danger: optimal, permissible, harmful and dangerous.

REGISTRATION OF THE RESULTS OF THE SPECIAL ASSESSMENT OF WORKING CONDITIONS

The organization conducting the SOUT is report on its implementation based on the work done. The form of the report on the conduct of a special assessment of working conditions and the Instructions for filling out the form of the report on the conduct of a special assessment of working conditions were approved by Order No. 33n.

The report includes the following results of the SATS:

• information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of Law No. 426-FZ;
• a list of workplaces where the SAUT was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;
• SATS cards containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting SATS;
• protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;
• protocols for assessing the effectiveness of personal protective equipment;
• protocol of the commission containing a decision on the impossibility of conducting research (tests) and measurements (if there is such a decision);
• a summary sheet of the results of the SAUT;
• a list of recommended measures to improve working conditions;
• conclusion of the expert of the organization conducting the SATS.

Protocol for conducting research and measurements of identified harmful and (or) hazardous production factors is issued in respect of each studied and identified harmful and (or) dangerous factor. The report is signed by all members of the commission and approved by the chairman of the commission. If a member of the commission does not agree with the results of the SAUT, he has the right to state his reasoned dissenting opinion in writing, attaching it to the report.

THE RESPONSIBILITY TO TRANSFER THE RESULTS OF THE CARRYING OUT THE SOUT IS ASSIGNED TO THE ORGANIZATION CARRYING OUT A SPECIAL ASSESSMENT OF WORKING CONDITIONS (Part 1, Article 18 of LAW No. 426-FZ).

The employer organizes familiarization of employees with the results of the SATS at their workplaces against signature no later than 30 calendar days from the date of approval of the report on its implementation. The specified period does not include periods of temporary disability of the employee, his being on vacation or business trip, periods inter-shift rest.

The results of the SATS, including in relation to workplaces, the working conditions of which are recognized as acceptable and declared as complying with state regulatory requirements for labor protection, are subject to transfer to Federal State information system taking into account the results of a special assessment of working conditions (Part 1, Article 18 of Law No. 426-FZ). The organization conducting the SATS, within ten working days from the date of approval of the report on its implementation, transfers the relevant information regarding the employer, the workplace and the organization that conducted the SATS to the specified accounting information system. Information is sent in the form electronic document signed with a qualified electronic signature.

DECLARATION OF COMPLIANCE OF WORKING CONDITIONS WITH THE STATE REGULATIONS OF LABOR PROTECTION

For jobs that no harmful and (or) hazardous production factors were identified as a result of identification , the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms, at its location declaration of compliance of working conditions with state regulatory requirements for labor protection (Article 11 of Law No. 426-FZ). The declaration and information about it are entered in the register of declarations of compliance of working conditions with state regulatory requirements for labor protection. The form of the declaration of compliance of working conditions with state regulatory requirements for labor protection and the procedure for filing a declaration of compliance with working conditions with state regulatory requirements for labor protection were approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated February 7, 2014 No. 80n. Declaration valid for five years from the date of approval of the report on the implementation of the SUT.

LITERARY

The procedure for using the results of a special assessment of working conditions is regulated by the provisions of 426-FZ. The bulk of the responsibilities associated with the application of the results of the SOUT is assigned to the employer. However, some functions are performed by the expert organization that carried out the work under the contract. In some cases, state bodies may be involved in this issue.

Obligations of the employer based on the results of a special assessment of working conditions

The list of responsibilities of an organization acting as a customer of work on the SOUT is determined mainly by Art. 15 426-FZ. This and other articles in this normative act establish that upon completion of all necessary procedures, the employer must:

• read the report of the organization that performed the work on the SOUT, and approve it. This procedure applies not only to the main reporting documentation, but also to all annexes to it, including summary statements of the results of the SAUT;
• within three days after the approval of the results, send a corresponding notification to the contractor;
• within thirty days after the approval of the report, send a notification to the employee about the results of the special assessment at his place of work or otherwise notify him of them;
• within thirty days after the acceptance of the report, post the results of the SOUT on the organization's website for open access all interested parties. For example, the results of the SAOT of doctors of the FMBA of the Russian Federation arouse the interest of the public and journalists;
• if at a given place of work, according to the results of the SOUT, the harmfulness exceeds normal indicators, develop and implement a system of benefits and compensations for employees. The amount of additional payments for a special assessment of working conditions is regulated by the Labor Code and others. normative documents. Surcharges are established for all employees with harmful or dangerous working conditions;
• ensure the storage of the results of the special assessment in accordance with the order of the Ministry of Culture No. 558. The validity of the requirement to store such documents is 45 years.

Actions of the employer in case of disagreement with the results of the SOUT

The above algorithm is applied if the employer agrees with the conclusions indicated in the special assessment report. If there is disagreement with the results of the SOUT, one should be guided by the order of the Ministry of Labor No. 501n. According to this document, the employer must send a written statement describing his position to the Ministry of Labor. If supporting documents are available, they should be attached to the application. It will be reviewed within 45 working days from the date of its receipt and registration.

Actions of the expert organization based on the results of the SATS

The main task of the contractor after compiling the report and receiving a notification of its approval is to inform the state authorities about the results of the SAUT. The expert organization should send them to the federal state system taking into account a special assessment of working conditions.

If for some reason the organization has not fulfilled its obligation, the employer can do this. The main difference in this case will be where the documents should be sent. If the expert organization sends them directly to the accounting system, then the employer should provide them to the labor inspectorate. Department specialists will then redirect them to the federal system. Please note that sending the results of a special assessment to government agency is a right, not an obligation, of the employer.