home › Housing and communal services › That includes a special assessment of working conditions. Conducting soot. step-by-step instruction. Unscheduled special assessment of working conditions

That includes a special assessment of working conditions. Conducting soot. step-by-step instruction. Unscheduled special assessment of working conditions

In accordance with Part 3 of Article 3 of Law N 426-FZ, all jobs are subject to special assessment, regardless of the organizational and legal form of the organization. The exception is, as well as employees who have entered into labor Relations with non-IP.

The deadline for submission is no later than 30 working days from the date of approval of the report on the special assessment.

The declaration form is in accordance with Appendix N 1 to the Order of the Ministry of Labor of Russia of 07.02.2014 N 80n (as amended by the Order of the Ministry of Labor of Russia of November 14, 2016 N 642n).

The declaration is submitted by the employer to the state labor inspectorate in the constituent entity of the Russian Federation at the place of its location or the location of its branch or representative office in person or by mail with a description of the attachment and a notice of receipt. It is allowed to send a declaration in the form electronic document, signed by the qualified EDS of the employer, by filling out the appropriate form on the official website of Rostrud (not available for all subjects of the Russian Federation).

The validity of the declaration is 5 years from the date of approval of the report on the special assessment. After the expiration of the period and in the absence of circumstances from part 5 of article 11 of Law N 426-FZ, the validity of the declaration is extended for the next 5 years. Thus, it is not required to conduct a repeated special assessment at the declared workplaces.

It is also worth noting that the declaration can only be filed in relation to workplaces where exactly special assessment, and not certification of workplaces for working conditions, the validity of the results of which has not expired.

With the classification according to working conditions, it seems clear, but what are job classes?

This is a classification that combines jobs into groups, and one of the important criteria for such a division is the level of mechanization of the work process. Each group has its own recommendations on the organization of work, which the employer should adhere to. There are now five such groups: jobs for self made, places for machine-handmade, mechanized jobs, automated jobs, hardware jobs. More about their differences.

How to conduct a special assessment at an individual entrepreneur if his office is located in an apartment?

With regard to the working conditions of homeworkers, a special assessment.

When introducing a new position into the staffing table, when should a special assessment be carried out? If the organization moves to another location, is it necessary to conduct a special assessment again?

If the introduction to staffing new position, as well as moving the organization to another premises can be equated with the commissioning of newly organized workplaces, then an unscheduled special assessment of working conditions is carried out at such workplaces within 12 months from the date of the occurrence of these cases (in accordance with paragraph 1 of part 1 of article 17 of the Law N 426-FZ).

According to the results of a special assessment, an electric and gas welder is entitled to a 4% supplement to his salary, but this employee does not work all the days at welding. How is the fee paid in this case? Based on the time spent in harmful conditions?

It is advisable to increase the salary of an employee by at least 4 percent tariff rate(salary) and establish an additional payment not only for the time spent directly during harmful conditions labor, but for the entire time of work.

In accordance with Article 147 of the Labor Code of the Russian Federation, the remuneration of workers employed in work with harmful working conditions is set at an increased rate. The minimum wage increase for workers employed in jobs with harmful working conditions is 4 percent of the tariff rate (salary) established for various kinds works with normal conditions labor. At the same time, the Labor Code of the Russian Federation does not provide for remuneration of workers employed in work with harmful working conditions in an increased amount only for the time actually worked out in harmful working conditions. This option has been established Labor Code RF (Article 121) only in relation to annual additional paid leave for employees employed in work with harmful (dangerous) working conditions.

In June we get the result of a special assessment. There are additional workers. tariff. From what period do you need to charge extra. tariff: from June or earlier?

Calculate additional the tariff is necessary from the date of entry into force of the results of the special assessment, i.e. from the date of approval of the report on the special assessment of working conditions.

And how to make an assessment: can you do it yourself or do you need to contact specialized companies?

The law establishes that the assessment can be carried out by specialized organizations that have everything necessary for this and in without fail certified equipment. After all, you may have to measure such indicators as humidity, illumination, vibration, etc. and here you can not do without specialized equipment. To make sure that the company is authorized to make such an assessment, it is worth checking its presence in the register on the website of the Ministry of Labor. EcoStar Company, the partner of this issue of the Card Index, is registered in this list under

Representatives of the Ministry of Labor and social protection They promised that they would not penalize companies that did not figure out how to conduct a special assessment of jobs, or did not have time to complete it by the deadline. But the GIT inspectors will pay great attention to the presence of SOUT. The department has already prepared an order allowing unscheduled raids to check who has not completed a special assessment of working conditions. After the raid, inspectors have the right to issue an order to eliminate violations, and if nothing is done, organize an unscheduled inspection. In the future, offenders may be prosecuted.

But you can still avoid fines. We suggest that you familiarize yourself with the step-by-step instructions on how to organize a SOUT for office workers.

Step 1. Publication of regulatory documents

How to conduct SOUT in an organization, and does everyone need it? gives an unequivocal answer to this question. Almost all jobs are subject to this procedure, with the exception of jobs for homeworkers, remote workers, citizens working for religious organizations or individuals who are not registered as individual entrepreneurs.

After deciding to start the SOUT procedure - a special assessment of working conditions, you need to publish:

an order to approve the commission for the SOUT (the commission is headed by the employer, the total number of members must be odd);
work schedule;
list of jobs.

Step 2. Preparation of a draft contract

From 03/09/2019, the Order of the Ministry of Labor of Russia dated 12/24/2018 No. 834n is in force. Appendix No. 1 to the document contains model contract for the provision of services for a special assessment of working conditions. The contract has 16 sections and 8 annexes, namely:

terms of reference for the provision of services;
implementation plan;
act of acceptance of the services rendered;
Act of reconciliation of accounts;
an order to conduct a SOUT;
information about the organization-customer;
a list of jobs subject to SOUT;
a list of equipment, tools and fixtures used at workplaces subject to SOUT, as well as materials and raw materials used.

These are all the necessary papers to take into account the obligations of both parties, as well as the possible participation of third parties.

The documentation developed by officials can be used by all, without exception, organizations that plan to order services for conducting SATS. However, for enterprises of the state and municipal sector, such a model contract and all annexes to it are mandatory. It's provided federal law dated 05.04.2013 No. 44-FZ. They must use the documentation in the form that is approved. The rest of the companies have the right to adjust the contract at their own discretion by adding or deleting provisions. We offer to download a standard contract for the provision of services for the conduct of the SAUT free of charge with all the necessary annexes to it.

Model contract

Step 3. Choosing an organization to conduct

You need to know not only how to conduct a special assessment of working conditions in an organization, but also how to choose an appraiser. When choosing a company to carry out SOUT, it is important to check whether it has the authority for this type of work and whether it is registered in a special register. Only companies with a registration number have the right to conduct a special assessment.

On August 1, 2019, the Government approved and sent for approval to the State Duma amendments to Federal Law No. 426-FZ dated December 28, 2013, according to which, when concluding an agreement for the conduct of a SCOUT, appraisers will be required to:

submit information about the planned special assessment to the information system immediately after the conclusion of an agreement with the employer on its conduct (before it begins);
link the moment of entry into force of the results of the special assessment with the entry of information about it into the state information system.

motivates the employer to complete the procedure for a special assessment of working conditions;
will ensure the filling of the state information system correct data on the results of the special assessment;
will increase the responsibility of the employer and the appraisal organization for the results issued.

An important issue is the timing of work and the possibility of prompt elimination of identified shortcomings. varies depending on the number of employees, the industry of the organization and the presence in it. When concluding a contract, firms conducting SOUT can help you draw up required documents: orders, schedules, certificates of the number and availability of disabled people, etc., since such forms are mandatory for all companies starting a special assessment.

The number of jobs for SOUT is calculated based on the staffing. At the same time, places with the same positions working in the same room can be considered similar.

Step 4. Filling in the list of jobs

This operation can take a long time if the company employs a large number of employees. All employees are included in the list. Whether their jobs will be recognized as similar will be decided by the SATS experts during the assessment. The following information is included in the list:

FULL NAME.;
job title;
SNILS (number of pension insurance certificate);
hours of work in and out of the office;
equipment used in the work.

The completed list is sent to the organization conducting the SUT for preparation for measurements.

Step 5. Preparation for the procedure

The meaning of preparing for the SOUT is seen in informing managers and employees about the upcoming procedure, providing access to all premises in which people work. Representatives of organizations conducting a special assessment usually explain. In an office environment, the main measured indicator is lighting, so it makes sense to make sure that there are no burned-out lamps in the fixtures, and there are table lamps in dimly lit rooms. It is also worth taking care of the availability of documentation for the main tools of labor of office employees - personal computers, because they are sources of electromagnetic radiation, which is a harmful production factor (see 3.2.2.4 of Appendix No. 1 to).

Step 6. Taking measurements

A representative of the special assessment commission should be present during the measurements. You need to have a printed list of jobs with you in order to mark checked places and make notes about shortcomings.

What do experts in SOUT pay attention to and take into account:

Ceiling height, number and power of overhead lighting fixtures.
The level of illumination on the desktop without taking into account natural light. To do this, close the blinds or take measurements at the very beginning of the working day or in the evening, when the sun no longer affects the readings.
The expert makes a sketch of the seating plan for the staff in the office, assigning a number to each workplace.

Illumination rate: 300 lx (lux) on the surface of the table, excluding the light from the table lamp. This indicator is prescribed in the hygienic standards SanPiN. When the lighting is slightly less than this indicator, for example 260-280 lux, combined lighting is allowed, i.e., an overhead and a table lamp.

Often, representatives of the organization conducting the special assessment allow to eliminate shortcomings in the measurement process: install lamps, add overhead light. This helps to improve the results of job classes.

Step 7. Receipt of the report from the executing organization and its approval

After the completion of the measurements, the organization that conducted the SOUT prepares a report, which includes:

Information about the organization conducting SOUT.
List of jobs.
Assessment protocols production factors.
Summary sheet of SOUT.
List of measures to improve working conditions.
Expert opinion.

This list is standard. Even if no measures to improve working conditions are required, a document about this must be drawn up. The report is approved CEO and all members of the Special Evaluation Commission.

The report is signed by all members of the commission and approved by the chairman. The report form was approved by the Order of the Ministry of Labor dated January 24, 2014 No. 33n.

Step 8. Familiarize employees with the results

This step is mandatory, and the deadline for its completion is 30 calendar days from the date of approval of the report. Each employee must sign the special assessment card, as well as sign supplementary agreement to the employment contract on entering into it information on working conditions at the workplace. That is, it is necessary to supplement the text of the agreement with the phrase: “working conditions at the employee’s workplace are acceptable (grade 2)” or “comply with state regulatory requirements.” The law does not provide for a clear wording, the fact of introducing the results of the event is important.

Step 9. Posting Information

Data placement includes the following steps:

Notification of the executing organization within three days from the date of approval of the report.
Notification of the labor inspectorate within 30 days by filing.
Placement on the website of your company of summary data on SOUT.

fines

Each of the above actions is mandatory, failure to comply with any of them or violation of the deadlines is punishable by fines. For officials, fines reach 10,000 rubles, for legal entities - 80,000 rubles. Each of the actions must be confirmed, for example, the notification of the executing organization - a notification of receipt of the letter, the GIT - the signature of its representative. Seems to be the most efficient way courier delivery to the labor inspectorate, so you will be sure that your declaration is registered.

On the website of your company (if any), you need to place the entire document "Summary data" in a scanned form with the signatures of the commission members.

Despite the multi-step procedure, it is not difficult to conduct a special labor assessment, since the executing companies provide documentary support and accompany the process at all stages of work.

Transition from certification of workplaces to a special assessment of working conditions. Quality criteria and requirements for laboratories according to SUT. Register of laboratories and experts. Preparation for the SOUT. Establishment of a commission for a special assessment of working conditions. Commission tasks. Definition of similar jobs. Analogy and change. The difference between the workplace and the work area. Contract with an organization conducting a special assessment of working conditions. The role of the employee in the implementation of the SOUT.

Carrying out SOUT. Identification of potentially harmful and dangerous factors. Instrumental research and measurement of harmful and hazardous production factors, their assessment. Classification of working conditions. Declaration of working conditions. Revised declaration. Completion of work on a special assessment of working conditions. Lab report.

Use of SOUT results. Types and amounts of compensation based on the results of a special assessment of working conditions. The use of increasing coefficients for insurance premiums.

Jobs for which a special assessment is carried out taking into account the characteristics.

Since the beginning of 2014, the Special Assessment of Working Conditions (SOUT) has replaced the Workplace Attestation (AWP). The procedure for conducting the SOUT is determined by the Federal Law of December 28, 2013 N 426-FZ "On a special assessment of working conditions". Since its adoption, it has been amended several times, the latest of which (to date) was dated May 1, 2016.

In 2014, not only the name of the procedure changed, but also the fundamental approach to determining hazards in the workplace.

Why was the transition to a special assessment of working conditions necessary?

Among the prerequisites for moving away from the mechanism of Workplace Attestation, the following were particularly loud:

Low motivation of employers, their insufficient administrative responsibility;
High cost of work;
Low quality of work on AWS due to insufficient responsibility of performers (laboratories).

What do we have today?

The responsibility of employers has grown with the adoption of amendments to the Code of Administrative Offenses, but not in terms of interest in the quality of work, in the very fact of carrying out the SOUT procedure.

The price of the work has really become very low. Today at tenders you can see a price drop of less than a hundred rubles per workplace. Unfortunately, this is due not to the method of implementation, but to the same lack of interest in quality, both on the part of the customer and the performer. Great amount Laboratories are ready to take orders with a minimum payment, since they were not going to not only competently perform the work of establishing hazards in the workplace, but often even come to take measurements.

The responsibility of performers was increased, including through the introduction of the concept of "expert". This is the laboratory employee who is personally responsible for the work done on the special assessment. Experts become after passing the certification procedure.

Today there are two types of laboratories. Organizations that carried out Certification of workplaces for the duration of the transition period (until 2018) have the right to carry out work on the SOUT without undergoing new accreditation and without involving experts in the work. As you understand, this fact further exacerbates the sadness of the situation.

Not mandatory, but one of the essential criteria when choosing a contractor is the presence of a laboratory in the new register of accredited organizations.

The register of organizations conducting SOUT can be viewed on the website of the Ministry of Labor and Social Protection Russian Federation

It will not be superfluous to check whether the expert who conducts the SOUT for you has a valid certificate.

A special assessment is carried out by the employer together with an organization that meets the requirements of Article 19 of the Federal Law N426-FZ, which is involved on the basis of a civil law contract.

An organization conducting a special assessment of working conditions must meet the following requirements:

1) an indication in the statutory documents of the organization as the main type of activity or one of its activities, a special assessment of working conditions;

2) presence in the organization of at least five experts;

3) Availability as structural unit testing laboratory (center), which is accredited by the Federal Accreditation Service.

Preparing for a special assessment

In order to organize and conduct the SOUT, the employer forms a commission for conducting a special assessment, the number of members of which 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 chairman of the commission is the employer or his representative. If someone other than the director is appointed chairman of the commission, then do not forget that it is he who will have to sign and stamp all documents, and he must have the appropriate authority.

Please note that laboratory staff are not members of the commission.

Federal Law No. 426-FZ does not contain a requirement for mandatory special training for members of the commission.

A bit of history.

In general, the requirement to train members of the commission was last mentioned in the Order of the Ministry of Health and Social Development of the Russian Federation of August 31, 2007 N 569 "On Approval of the Procedure for Certification of Workplaces for Working Conditions." With its replacement by the Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n "On approval of the Procedure for attestation of workplaces in terms of working conditions." This requirement has disappeared. Approximately at the same time, it was planned to change the procedure for training in labor protection, approved by the Decree of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation dated January 13, 2003 N 1/29 "On Approval of the Procedure for Training in Labor Protection and Testing Knowledge of Labor Protection Requirements for Employees of Organizations". AT new edition order, the corresponding category of students should have appeared.

However, the order was not changed, everyone forgot about the training of commission members.

Nothing has changed with the adoption of law No. 426 on special assessment.

Tasks of the commission for a special assessment of working conditions

The Commission approves the schedule of the SOUT. The schedule indicates the stages of work and the timing of their implementation.

The schedule can be drawn up by a separate order, included in the text of the order to conduct the SAUT, or drawn up as an annex to it.

Before the commencement of work, the commission approves the list of jobs to be assessed, indicating similar jobs. It is also important for determining the cost of work.

Similar jobs- Those who:

located in one or more similar industrial premises(production areas);
equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
the same professions, positions, specialties;
the same work functions;
the same working hours;
maintaining the same type of technological process;
using the same: production equipment, tools, fixtures, materials and raw materials;
provided with the same PPE.

If jobs are recognized as similar, 20% of the total number of such jobs, but strictly not less than two, is subject to assessment. The results obtained apply to all similar places(part 1 of article 16 of Law N 426-FZ).

The list of jobs is signed by all members of the commission and approved by its chairman (parts 4, 5, article 9 of Law N 426-FZ).

At shift work, the similarity of jobs does not apply.

Example 1

In the office, four accountants work in the same room on the same schedule. The number of jobs for the list will be two. (20% not less than 2).

Example 2

Work in the same office Chief Accountant and three other ordinary accountants. Three cards will be issued. One for the chief accountant and two cards for three accountants, taking into account the analogy. Only jobs occupied by people in the same position can be considered similar.

Example 3

Four dispatchers work day after three. One card is issued for such workplaces, since they take turns working at the same workplace.

SOUT is not carried out in relation to remote workers, if remote work listed in their employment contract.

At newly created jobs, a special assessment must be carried out within 12 months from the date of their creation.

Responsibilities for organizing and financing the implementation of the SOUT are assigned to the employer (Article 8 of Federal Law No. 426-FZ).

The assessment is carried out at least once every five years (except when there is a need for an unscheduled assessment). This period is calculated from the date of approval of the report on its implementation. In the certification of workplaces, the period was counted from the start of work on the AWP.

The employee has the right to be present during a special assessment at his workplace, seek clarification from both the employer and the organization conducting the SAUT, get acquainted with the results, and also appeal against them (Article 5 of the Federal Law N426-FZ).

Workplace and work areas

There are quite a few definitions of the concept of "workplace", but we agreed to use one of the simplest:

Workplace- the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

In practice, we rarely encounter a situation where an employee spends his entire working day in one place. As a rule, to perform assigned tasks, an employee needs to move between two or three, or even more zones. The workplace of the employee consists of such working areas. And there are jobs that do not imply a permanent place at all (the workplace of a courier or a service engineer).

For the competent organization of work on the implementation of the SOUT, the commission must carefully allocate the percentage of time during which the employee is in each of the work areas, and notify the laboratory about this. It is the duration of exposure to a harmful or dangerous factor that determines the class of working conditions. (With the exception of the biological factor, all others depend on both concentration and duration of exposure).

Example 4

Driver's workplace - cab vehicle. If the driver is driving for more than 25% of the working time, his working conditions will already be considered harmful. In the process of driving a car, the driver cannot change his position, so he is forced to remain in one position for a long time. But the driver of a regular bus, who sits behind the wheel of the entire shift, has a several times higher risk of developing an occupational disease than a driver who leaves the territory of the enterprise once a day for a couple of hours.

Conclusion of an agreement with an organization conducting a special assessment of working conditions

To carry out special assessment activities, the employer must conclude a civil law contract with a specialized organization (part 2 of article 8 of Law N 426-FZ).

Such an organization must comply with the requirements of Art. 19 of Law N 426-FZ.

The choice of an organization for conducting the SAUT is carried out taking into account the restrictions established in parts 1, 2 of Art. 22 of Law N 426-FZ. (You can not carry out SOUT to yourself or relatives, or subsidiaries)

In addition to the terms and cost of performing work, when concluding a contract, it would not be superfluous to insist on the inclusion of the following conditions on the rights and obligations of the employer during the implementation of the SOUT, including:

on the right to require a specialized organization to substantiate the results of the SAUT (clause 1, part 1, article 4 of Law N 426-FZ);
on the right to require the submission by a specialized organization of documents confirming its right to conduct a SAUT in accordance with Art. 19 of Law N 426-FZ (clause 3, part 1, article 4 of Law N 426-FZ);
on the right of the employer to appeal against the actions (inaction) of a specialized organization (clause 4, part 1, article 4 of Law N 426-FZ);
on the obligation of the employer to provide information, documents and information necessary for a special assessment (clause 2, part 2, article 4 of Law N 426-FZ);
on the obligation not to take deliberate actions that may affect the results of the SAUT (clause 3, part 2, article 4 of Law N 426-FZ).

The role of the employee in conducting a special assessment of working conditions

Although the employee is not a party to the contract, work on a special assessment primarily affects his interests. The Law on SUT gives employees the following rights and obligations:

The employee has the right:

be present during the assessment at his workplace;
apply to the employer, his representative, the organization conducting the SUT or the laboratory expert with proposals for the identification of potentially harmful and (or) hazardous production factors at his workplace and for clarification on the issues of conducting a special assessment of working conditions at his workplace;
appeal against the results of a special assessment at your workplace in accordance with Art. 26 of Law N 426-FZ.

The employee is obliged:

get acquainted with the results of a special assessment of working conditions carried out at his workplace.

Stages of a special assessment of working conditions:

Identification of potentially harmful and (or) hazardous production factors is carried out at workplaces that are included in the list approved by the special assessment commission. This procedure is carried out by an expert of a specialized organization conducting SAUT (part 2 of article 10 of Law N 426-FZ).

The employer is obliged to provide the identification expert with the necessary information, documents and information that characterize the working conditions at the workplace (for example, technological documentation, building construction projects, certificates of conformity of production equipment, machines), as well as provide explanations on the issues of conducting a special assessment ( paragraph 2, part 2, article 4 of Law N 426-FZ). If the employer does not provide the specified information, documents and information, the organization will suspend work on the SOUT or not start it (clause 4, part 2, article 6 of Law N 426-FZ).

Identification of harmful and (or) hazardous production factors at workplaces can be carried out by examining workplaces by inspection and familiarization with the work actually performed by employees in the mode regular work, as well as by interviewing employees and (or) their immediate supervisors.

The expert enters the identification results into the protocol, which is approved by the commission (part 2 of article 10 of Law N 426-FZ).

If no harmful and (or) hazardous production factors at the workplace are identified during the identification process, then the working conditions at this workplace are recognized as acceptable, research (testing) and measurement of harmful and (or) hazardous production factors in relation to such a workplace are not carried out ( part 4 article 10 of the Law N 426-FZ). In this case, immediately after the approval of the identification results, the results of the SOUT are summed up.

Identification is not carried out in relation to the following jobs (part 6 of article 10 of Law N 426-FZ):

where employees whose professions, positions, specialties are included in the lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations) are employed, taking into account which an old-age labor pension is assigned ahead of schedule;
in connection with work, in which employees are provided with guarantees and compensations for work with harmful and (or) hazardous conditions labor;
where, based on the results of a previous certification or special assessment, harmful and (or) dangerous working conditions were established.

At such workplaces, it is imperative to carry out instrumental measurements.

Research and measurement of harmful and (or) hazardous production factors, their assessment

Research (testing) and measurement of harmful and (or) dangerous factors are carried out by the testing laboratory (center), experts and other employees of the organization conducting the SAUT, taking into account the requirements for methods, techniques and measuring instruments.

The organization conducting a special assessment conducts research (measurements) independently or with the involvement of a subcontractor to measure the factors provided for in paragraphs. 12-14 and 24 hours 3, art. 13 426-FZ

Subject to research (measurement):

physical factors;
chemical factors;
biological factors;
heaviness labor process;
intensity of the labor process.

Depending on the degree of deviation of the actual values, identified potentially harmful and (or) dangerous factors, obtained from the results of their research (testing) and measurements, from the standards (hygienic standards) of working conditions and taking into account the duration of their exposure to the employee during the working day (shift) assignment of a class of working conditions is carried out.

Classification of working conditions

Optimal working conditions(Class 1) - working conditions under which there is no impact on the worker's body of identified potentially harmful and dangerous factors that can have an adverse effect on the worker's body, or the levels of their impact are minimal in comparison with the values established by the standards, and prerequisites are created to maintain a high performance level

Permissible working conditions(Class 2) - working conditions under which the employee's body is affected by identified potentially harmful and dangerous factors, the exposure levels of which do not exceed the values established by the standards, or functional changes in the employee's body are restored during regulated rest or by the beginning of the next shift.

Harmful working conditions(Grade 3) - working conditions characterized by the presence of identified potentially harmful and dangerous factors, the levels of which exceed the values established by the standards, including subclasses 3.1, 3.2, 3.3, 3.4.

Subclass 3.1:

(harmful working conditions of the 1st degree) - working conditions under which the employee's body is affected by identified potentially harmful and dangerous factors, the levels of exposure to which can cause functional changes in the human body, which are restored, as a rule, after a longer (than by the beginning of the next shift) interrupting exposure to these factors, and increase the risk of damage to health

Subclass 3.2:

(harmful working conditions of the 2nd degree) - working conditions under which the identified potentially harmful and dangerous factors affect the employee's body, the levels of exposure to which can cause persistent functional changes in the employee's body or lead to the development and emergence of occupational diseases of mild severity (without loss of professional ability to work) arising after prolonged exposure (after 15 years or more)

Subclass 3.3:

(harmful working conditions of the 3rd degree) - working conditions under which the employee's body is affected by identified potentially harmful and dangerous factors, the levels of exposure to which can cause persistent functional changes in the employee's body or lead to the development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of employment

Subclass 3.4:

(harmful working conditions of the 4th degree) - working conditions under which the identified potentially harmful and dangerous factors affect the employee's body, the levels of exposure to which can cause persistent functional changes in the employee's body or lead to the development of severe occupational diseases (with loss of general working capacity ) during the period of employment

Hazardous working conditions(class 4) - working conditions characterized by the presence of identified potentially harmful and dangerous factors, the levels, the effects of which are capable of endangering the life of the employee during the working day (work shift) (or parts thereof), and the consequences of their exposure provide a high risk of developing acute occupational diseases during the period of work.

At its core, the classification of working conditions is an attempt to determine the level of risk. The higher the class or subclass, the more likely workers are to develop occupational diseases.

There is a technique that allows to reduce the class (subclass) of working conditions in the case of employees employed in workplaces with harmful working conditions, effective means personal protection that have passed mandatory certification in the manner prescribed by the relevant technical regulations. The class can be reduced by the commission based on the opinion of the expert of the organization conducting the SATS, by one degree in accordance with the methodology. (Order of the Ministry of Labor of Russia dated 05.12.2014 No. 976n “On approval of the Methodology for reducing the class (subclass) of working conditions when workers employed in workplaces with harmful working conditions use effective personal protective equipment that has passed mandatory certification in the manner established by the relevant Technical Regulations” )

However, due to the incredible normativity and complexity, this technique has not yet been applied in practice.

Declaration of compliance of working conditions with state regulatory requirements

Declaration is carried out by the commission of the employer.

The declaration is submitted only on the basis of an expert opinion.

The employer must submit the declaration no later than 30 working days from the date of approval of the report on the special assessment at the workplaces in respect of which the declaration is submitted.

The declaration is submitted to State Inspectorate labor.

The validity period of the declaration is five years, it is calculated from the date of approval of the report on the implementation of the SAUT.

If, during the validity period of the declaration, an employee employed at the workplace, in respect of whom the declaration was adopted, had an accident at work (with the exception of an accident at work that occurred due to the fault of third parties) or an occupational disease was detected in him, the cause of which was exposure to employee of harmful and (or) hazardous production factors, in relation to such a workplace, the declaration is terminated and an unscheduled special assessment is carried out.

Upon expiration of the declaration and in the absence of accidents or occupational diseases, the validity of the declaration is considered to be extended for the next 5 years.

Amended Declaration

In relation to workplaces, the working conditions at which, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, are recognized as optimal or acceptable, with the exception of workplaces specified in Part 6 of Article 10 of the Federal Law of December 28, 2013 N 426 -FZ "On a special assessment of working conditions", the employer submits to the territorial body of the federal body executive power authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts containing norms labor law, at its location, an updated declaration of compliance of working conditions with state regulatory requirements for labor protection with the inclusion of these jobs in it.

Translated into Russian, it means that both workplaces are declared where harmfulness was not detected during the identification process, and workplaces where the first or second class was established as a result of measurements.

Completion of work on a special assessment of working conditions

As a result, the laboratory that conducted the QMS must submit to the organization a report that includes:

1) information about the organization conducting the special assessment, with copies of documents confirming its compliance with the established requirements;

2) a list of workplaces where the SAUT was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;

3) cards of a special assessment of working conditions containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting the SAUT;

4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;

5) protocols for evaluating the effectiveness of personal protective equipment;

6) the protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements on the grounds specified in part 9 of article 12 426-FZ (if such a decision exists);

7) summary sheet;

8) a list of measures to improve the conditions and labor protection of employees at whose workplaces a special assessment was carried out;

9) conclusions of an expert of the organization conducting the SATS.

The report is signed by all members of the commission and approved by the chairman of the commission. If a member of the commission disagrees with the results of the SOUT, he has the right to express a reasoned dissenting opinion.

The employer organizes familiarization of each employee with the results of a special assessment at his workplace against signature no later than thirty calendar days from the date of approval of the commission's report, not counting the period of temporary disability of the employee, being on vacation or on a business trip.

Established the obligation of the employer to notify the organization that conducted the special assessment of the approval of the report on the conduct of the SAUT.

So, the employer, within 3 working days from the date of approval of the report on the conduct of the SAUT, must:

notify the organization that conducted the SATS by any accessible way, providing the possibility of confirming the fact of notification;
send to the address of the organization that conducted the special assessment, a copy of the approved report on the conduct of the SUT by registered mail with a return receipt or in the form of an electronic document signed with a qualified electronic signature.

Types and amounts of compensation based on the results of a special assessment of working conditions

Increased pay(Article 147 of the Labor Code of the Russian Federation)

The remuneration of labor of workers employed in work with harmful and (or) dangerous working conditions is established at an increased rate.

The minimum wage increase for workers employed in work with harmful and (or) dangerous working conditions is 4 percent of the tariff rate (salary) established for various types of work with normal working conditions.

The specific amounts of wage increases are established by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations, or collective agreement, labor contract.

Additional paid leave(Article 117 of the Labor Code of the Russian Federation)

Annual additional leave is provided to employees whose working conditions, according to the results of a special assessment, are classified as harmful working conditions of the 2nd, 3rd or 4th degree or dangerous working conditions.

The minimum duration of annual additional paid leave for employees is 7 calendar days.

The part of the annual additional paid leave that exceeds the minimum duration of this leave (7 calendar days) may be replaced by a separately established monetary compensation.

The length of service, which gives the right to additional annual paid leave for work with harmful and (or) dangerous working conditions, includes only the time actually worked in the relevant conditions.

Reduced hours of work(Article 92 of the Labor Code of the Russian Federation)

It is established for employees whose working conditions at their workplaces, according to the results of a special assessment of working conditions, are classified as harmful working conditions of the 3rd or 4th degree or dangerous working conditions. (No more than 36 hours per week).

Right to early retirement

For the time being, it is retained by employees from among those listed in the Lists No. 1 and No. 2 of industries, jobs, professions, positions and indicators that give the right to preferential pension provision, approved by Resolution of the USSR Cabinet of Ministers of January 26, 1991 No. 10, upon confirmation based on the results of a special assessing the working conditions of the presence of harmful (dangerous) working conditions at their workplaces.

The possibility of establishing increased or additional compensation

In accordance with Part 2 of Art. 219 of the Labor Code of the Russian Federation, the amount, procedure and conditions for providing guarantees and compensations to employees employed in work with harmful and (or) dangerous working conditions are established in the manner provided for in Art. Art. 92, 117 and 147 of the Labor Code of the Russian Federation.

Increased or additional guarantees and compensations for work with harmful and (or) dangerous working conditions may be established by a collective agreement, local normative act taking into account the financial and economic situation of the employer.

When establishing the appropriate types and amounts of compensation, the employer may be guided by the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298 / P-22, Instructions on the procedure for applying the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions of November 21, 1975 N 273 / P-20 , model provision on the assessment of working conditions at workplaces and the procedure for applying sectoral lists of jobs where additional payments to workers for working conditions can be established, approved by the Decree of the USSR State Labor Committee, the All-Union Central Council of Trade Unions of October 3, 1986 N 387 / 22-78, and other applicable regulatory legal acts that establish the relevant the amount of compensation, insofar as it does not contradict the Labor Code of the Russian Federation.

Federal Law No. 167-FZ of December 15, 2001 "On Mandatory pension insurance in the Russian Federation, depending on the class of working conditions, establishes the following multiplying factors:

Increased premium rates

Working condition class		Additional insurance premium rate
Dangerous (4)
Harmful (3)



Permissible (2)
Optimal (1)

Features of conducting a special assessment of working conditions

There are jobs that cannot be driven into a general pattern. For such jobs, a special assessment is carried out taking into account the specifics.

Decree of the Government of the Russian Federation of April 14, 2014 No. 290 “On approval of 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”

This list includes the following jobs:

crew members sea vessels, inland navigation and fishing vessels;
members of flight and cabin crew of civil aviation aircraft;
medical workers providing emergency medical care outside the medical organization;
medical workers located in premises to which the regulatory legal acts of the Russian Federation impose requirements related to the need to maintain a special microbiological state of the environment and a stable mode of operation medical equipment(intensive care units, intensive care units, operating rooms);
medical workers who directly carry out diagnostics and treatment using medical equipment (devices, devices, equipment), the normal functioning of which may be affected by measuring instruments;
workers, labor function which consists in preparing for sports competitions and participating in sports competitions;
creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses;
employees of radiation-hazardous and nuclear-hazardous industries;
workers engaged in extinguishing fires and carrying out emergency rescue operations;
divers, as well as workers directly carrying out caisson work;
workplaces where employees are expected to stay in conditions of increased pressure of the gas and air environment;
workplaces of workers employed in underground work.

A special assessment of working conditions is a set of measures to detect potentially harmful or dangerous factors in the working environment and the labor process, as well as to assess the level of their impact on employees. The special assessment replaced the previously valid workplace certification.

Ensuring safe working conditions for an employee is one of the main duties of the employer, and it is provided for in article 212 of the Labor Code of the Russian Federation. The rates of insurance premiums for employees depend on the category to which jobs are assigned based on the results of a special assessment. The higher the risk of occupational diseases or injuries at work, the greater the amount the employer will have to pay.

Additionally, according to the results of the special assessment:

employees are provided, if necessary, with overalls and means of individual and collective protection;
free therapeutic and preventive nutrition of employees is provided;
preliminary and periodic medical examinations are carried out;
additional guarantees and compensations are introduced for workers employed in dangerous and harmful working conditions.

Legislation governing the special assessment of working conditions

In addition to Article 212 of the Labor Code of the Russian Federation, which specifies the obligation of employers to conduct a special assessment, the federal law of December 28, 2013 No. 426-FZ “On a special assessment of working conditions” is in force. The assessment methodology itself was approved by order of the Ministry of Labor dated January 24, 2014 No. 33n.

There are also many additional legal acts:

intersectoral and sectoral labor protection rules;
state sanitary and epidemiological rules and regulations;
labor safety standards;
standard instructions for labor protection on certain types activities (for example, electricians, gas-electric welders, millers, etc.)

Responsibility for failure to conduct or violation of the conditions of the special assessment may be administrative under Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation (fine for individual entrepreneurs from 5 to 10 thousand rubles, for organizations from 60 to 80 thousand rubles) and criminal under Art. 143 of the Criminal Code of the Russian Federation (if this entailed the infliction of grievous bodily harm or death of the employee).

What jobs should be assessed?

A special assessment of working conditions does not need to be carried out only in relation to homeworkers and teleworkers, all other workplaces should be assessed for their safety and compliance with labor protection standards. Compared to the attestation of workplaces, which was in effect until January 1, 2014, special assessment is a more global and large-scale phenomenon, and affects all employers, regardless of the legal form and number of employees.

It is also necessary to assess the working conditions of workers who have a traveling nature of work (drivers, couriers, sales representatives, agents, etc.) or do not have a fixed workplace (guards). You will have to make sure that working conditions are safe even for the director, whose workplace is located at the home address, if the LLC is registered at this address. But an individual entrepreneur in relation to himself should not conduct a special assessment.

Please note: if your employees provide services, then a special assessment of the working conditions of their workplaces is not carried out, because. in fact, they are not workers, but only executors. Labor law does not apply to them.

The cost of assessing one workplace by a specialized organization starts from 1,500 rubles, therefore, the more jobs created, the more expensive it will cost the employer. True, there is an opportunity to save on the services of appraisers if several jobs are recognized as similar.

It means that:

workplaces are located in the same type of industrial premises;
the premises are equipped with the same systems of ventilation, air conditioning, heating, lighting;
employees work in the same profession, position, specialty;
work functions, working hours, technological process are of the same type;
the same equipment, tools, raw materials and materials are used in the work;
employees are provided with the same personal protective equipment.

For such jobs, it is enough to estimate only 20% of their number, but not less than two.

Commission for conducting a special assessment of jobs

The employer must organize a special assessment of working conditions, as well as bear the financial costs of it. The special assessment itself is carried out by independent organizations that have accreditation, but before inviting appraisers, the employer must create its own commission. The number of members of the commission should be odd, and it should include representatives of the employer, including a labor protection specialist, and an elected trade union organization or other representative body of employees (if any).

The Commission draws up a list of jobs to be assessed; approves the schedule for its implementation; prepares workplaces for a special assessment (checks the operation of equipment and tools, heating, air conditioning, ventilation and lighting systems).

It is not very clear how to create a commission for individual entrepreneurs with one or two employees, or in the case of an LLC, in which the director is the only founder and employee. There is still no wide practice of conducting a special assessment for such small structures, but at the end of 2014 legislative initiatives were submitted to abolish its obligation for. These initiatives did not pass, but the very fact of their appearance suggests that the law on special assessment has not been fully developed and will cause difficulties in its implementation in practice.

Who conducts a special assessment of working conditions?

The special assessment is carried out under an agreement with the employer by independent organizations that have at least five certified experts on staff (at the same time, at least one expert must have a specialized higher medical education) and an accredited testing laboratory.

The Ministry of Labor maintains state registers of experts and organizations that have the right to assess working conditions, so you need to contact only those appraisers whose contacts are on the official website of the Ministry of Labor.

For violation of the procedure for a special assessment of working conditions, not only employers, but also appraisers bear quite serious administrative responsibility (according to Article 14.54 of the Code of Administrative Offenses of the Russian Federation):

officials - from 20 to 30 thousand rubles, in case of repeated violation from 40 to 50 thousand rubles;
for organizations - from 70 to 100 thousand rubles, in case of repeated violation from 100 to 200 thousand rubles.

How is a special assessment of working conditions carried out?

Experts of an independent organization conducting a special assessment determine the presence of potentially harmful or dangerous production factors in the workplace:

physical (noise, electromagnetic fields, ultrasound, radiation, vibration, temperature, illumination);
biological (bacteria, spores of microorganisms);
chemical (substances in the air of the working area and settling on the skin of workers);
sensory (nervous) tension of the labor process;

If such factors are identified, then their actual values are measured, as a result of which classes of working conditions (optimal, permissible, harmful and dangerous) and their subclasses are established. The amount of additional insurance contributions to the Pension Fund of the Russian Federation will be from 0% for the optimal class and up to 8% for the dangerous one.

Based on the results of the special assessment, experts prepare a report, which must be approved by the employer's commission. The report must be familiarized with the report within 30 days against the signature of the employees, and if the employer has an official website, then it must also be published on the website for free review. The expert organization submits the report to the labor inspectorate. If, according to the results of the special assessment, no harmful or hazardous production factors were identified, then such workplaces are recognized as safe, and for them the employer also submits a declaration of compliance of working conditions with regulatory requirements within 30 days (regardless of the report submitted by the experts).

The declaration is submitted in the form and in the manner approved by the order of the Ministry of Labor dated February 7, 2014 No. 80n. It is valid for five years, but if during this period an accident occurs at a workplace recognized as safe, or an occupational disease is detected in an employee, then an unscheduled special assessment will need to be carried out.

When to conduct a special assessment of working conditions

The results of the special assessment, as well as the previous certification of workplaces, are valid for five years. If the employer has already carried out certification of workplaces before the end of 2013, then until its validity period has expired, you can not conduct a special assessment of these places. At the same time, for new jobs, in addition to certified ones, this will need to be done within six months.

If the employer has not carried out certification of workplaces, then the special assessment can be carried out in stages, most importantly, complete it no later than December 31, 2018 (Article 27 (6) of the Law of December 28, 2013 N 426-FZ). True, it can be delayed so long only for those jobs that are not “harmful” (not included in the lists No. 1 and No. 2 with early retirement and do not imply guarantees and compensation for work with harmful and dangerous conditions).

Find out who to entrust the implementation of SOUT at the enterprise, what to look for when choosing experts, and which jobs are subject to inspection. You will find the form of the final report on the conduct of the SOUT in the article.

In the article:

Download helpful documents:

What does the mandatory assessment of working conditions mean?

The concept of "" (SOUT) appeared in Russian legislation relatively recent and, like any new phenomenon, has raised many questions. Who should undergo a special assessment of working conditions, how to do it correctly and what threatens those who refuse to conduct it?

➤

Starting from 2014, after the entry into force of the Federal Law of December 28, 2013 No. 426-FZ, all employers are required to carry out the SOUT, regardless of the legal form and scope of the enterprise. This requirement also applies to legal entities, and on individual entrepreneurs. Exception from general rule constitute only individuals those who do not have the status of individual entrepreneurs, but at the same time employ staff (for example, to help around the house), and religious organizations.

Order on conducting a special assessment of working conditions (with a schedule for conducting a special assessment)

★ SOUT is a very important procedure, since its results are reflected not only in the final report of experts, but also in employment contracts with employees: the law requires reliable prescribing of working conditions at all workplaces, except for home-based and remote ones. Getting off with general phrases is not an option. If the GIT inspector finds that the conditions in the employment contract do not correspond to the real ones, disagree with the experts' report, or are not specified at all, the company may be fined 100,000 rubles.

What guarantees and compensations to provide to employees based on the results of a special assessment

Who should undergo a special assessment of working conditions

The procedure for conducting the SOUT is regulated by federal law. State and municipal institutions- the only ones who must undergo a special assessment of working conditions according to special rules established by regulatory legal acts on municipal and state civil service. The condition of workplaces at all other enterprises, both in office premises and in production, is assessed according to a general standard. It does not matter who owns the company: branches and representative offices foreign organizations must carry out the SOUT if they are located on the territory of the Russian Federation.

Only two types of jobs are exempted from mandatory special assessment:

cottage- for employees to perform work at home using their own materials and tools provided by the employer;
- to perform work outside a stationary workplace, outside the territory or facilities owned by the employer (the employee himself chooses the place of work, and interaction with the employer is carried out using the telephone, Internet, postal service).

If absolutely all employees of the organization work at home or remotely, the employer has the right not to conduct the SATS. But if at least a small part of the employees, for example, the staff of the administrative department, works in the premises rented or owned by the employer, a special assessment of their working conditions is necessary. Neither the frequent travel of employees, nor the constant performance of work on the territory of customers are considered a legitimate reason for refusing the SOUT for those who are required to conduct a special assessment of working conditions (Article 8 of Law No. 426-FZ, Articles 2 and 212 of the Labor Code of the Russian Federation).

How to reflect working conditions at a new workplace if a special assessment has not yet been carried out

★ Who should conduct a special assessment of working conditions in rented premises - the owner or the tenant? The law answers this question unequivocally: the employer who creates jobs is responsible for the implementation of the SAUT, and it does not matter which premises and facilities he uses - his own or rented.

Which organizations conduct a special assessment of working conditions

In order for the results of the SOUT to be recognized by official authorities, the procedure must be carried out by experts from an accredited organization that has received admission to this type of activity in accordance with Decree of the Government of the Russian Federation dated June 30, 2014 No. 599 . Experts are involved on the basis of a civil law contract for the provision of services.

The Contractor must:

successfully pass accreditation in the manner prescribed by the order of the Ministry of Health and Social Development of April 1, 2010 No. 205n, and enter the list of accredited organizations published on the official website of the Ministry of Labor;
prescribe in the statutory documents the conduct of the SAUT as the main type or one of the types of activities carried out;
have at least five certified experts on staff, at least one of them must have higher education majoring in sanitary and hygienic laboratory research», « general hygiene”, “occupational health”;
have their own accredited testing laboratory or center for the study of measurements of harmful factors in the production environment.

Anastasia Zaitseva, partner, head of labor law practice at Balashova Legal Consultants, tells how to write a condition on the results of a special assessment of working conditions in an employment contract

★ When choosing an artist, go through the list mandatory conditions: if at least one of them is not observed, do not conclude an agreement for the conduct of the SOUT. The report issued based on the results of such an assessment will be invalid, and the employer will lose both time and money. To avoid a fine, he will have to order and pay a special assessment again.

Who should conduct a special assessment of working conditions as an expert? Only a certified specialist who has passed certification for the right to perform work on the SOUT.

Need to get:

complete higher education;
additional professional education on labor protection issues (a course of at least 72 hours);
an experience practical work in the field of SUT for at least three years.

An expert certificate is issued only to persons who have passed all three stages of training!

Important! The certification rules are enshrined in Federal Law No. 426-FZ, and the procedure for the formation of the state register of experts and the form of the certificate - by order of the Ministry of Labor of December 24, 2014 No. 32n .

SOUT is carried out by organizations and entrepreneurs using hired labor, unless we are talking about personnel working remotely or at home. Therefore, every employer should know what a special assessment of working conditions is, whether it is necessary to carry out this event and where to find qualified experts. Make sure that the organization that will conduct the SAW has access to the laboratory and has at least five certified specialists listed in the State Register experts, otherwise the assessment will have to be repeated.

Popular in category: