Organizations conducting a special assessment of jobs. The procedure for conducting a special assessment of working conditions

Many managers are familiar with the certification of workplaces according to working conditions. Such inspections are regulated by Federal Law No. 426-FZ, where this procedure is called a special assessment of the working conditions of workers. In this article, we will talk about whether it is necessary to carry out SATS for office workers, and if so, what nuances the director of the organization should know.

The main thing to know

This check is necessary in order to assess the level of impact on employees during their professional activities. The use of personal protective equipment for personnel is also assessed. This is a whole range of procedures that are designed to detect all the negative factors that may be in a person’s workplace. Everyone who was registered with the tax authority as an individual entrepreneur or legal entity should conduct such an audit. After carrying out this procedure, each place is assigned its own class, based on the level of harmfulness. The employer pays for the event. The certification is repeated every 5 years.

As for office staff

Until the Federal Law on SOUT came out, office workers were not subjected to such a check. But since 2015 the situation has changed. Now everyone who works with computer equipment also undergo certification. The only exceptions are home and remote employees. But the SOUT for the office has a simplified form, there is no examination and measurement, which are provided for by law. If the commission does not detect harmful conditions, then a declaration is filled in that the place meets state requirements and the person can work here. This declaration is valid for five years. However, when an accident occurs at work, it is possible to conduct a second unscheduled inspection.

SOUT for the office has a simplified form.

It should be noted that only those places where a person spends more than 50% of his working time on computer equipment are subject to certification. If less, then no verification is required.

Simplified form

The reasons why simplified certification is carried out in the office are as follows:

• There are many identical workplaces in offices, and therefore the commission does not need to check them all, 20% is enough.
• Some office employees work remotely and certification does not apply to them.
• Measurements and examinations are not carried out if no harmful factors are found at work, and they usually do not exist in offices.

But still, unhealthy factors in offices are present, they are:

• The EM field that occurs due to the operation of office equipment.
• The work of employees is intense.
• Work surfaces may create glare.

But the commission does not consider the listed factors to be unequivocally harmful, therefore, it simply does not take them into account when conducting the SOUT. Documentation for office equipment is not subject to verification, therefore it is not possible to prove its safety. And the intensity of work is a thing that is generally difficult to classify and is subjective.

In conclusion

In 2017, companies that have not yet implemented SOUT in their offices should definitely do this in order to avoid problems with regulatory authorities. You should not be afraid of such a check, because it has a simplified form, and the commission rarely finds fault. After a special assessment of the working conditions of office workers, the employer receives an appropriate declaration, which will have to be received again after five years.

Therefore, in conclusion, we say that, according to the new federal law, certification of workplaces of office workers is mandatory for all individual entrepreneurs and legal entities.

the federal law dated December 28, 2013 No. 426-FZ(hereinafter - the Law) introduced a new procedure for the employer - a special assessment of working conditions, which replaced the certification of workplaces. That is, from the moment the Law comes into force, namely, from January 1, 2014, instead of attesting workplaces, the employer must conduct a special assessment of working conditions.

What is a special assessment of working conditions and why is it needed?

This assessment is a set of measures ( Part 1 Art. 3 Laws):

1. on the identification of harmful or dangerous factors of the working environment and the labor process;
2. by assessing the level of their impact on the employee.

According to its results, in particular ( Art. 7 Law):

• workers are provided with means of individual and collective protection;
• the guarantees and compensations for employees provided for by the Labor Code of the Russian Federation are established;
• preliminary and periodic medical examinations are carried out;
• an additional rate of contributions to the PFR is established;
• the discount (surcharge) to the insurance rate of contributions for "injuries" is calculated;
• preparing statistical reports on working conditions.

Whose working conditions are assessed?

As a general rule, a special assessment is carried out in relation to the working conditions (workplaces) of all employees.

However, there are several exceptions to this rule. Thus, working conditions are not subject to special assessment ( Part 3 Art. 3 Laws):

• homeworkers;
• remote workers;
• employees who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

Who conducts the special assessment?

The employer must organize and pay for a special assessment, as before, and attestation of workplaces ( Part 1 Art. 8 Laws). At the same time, the assessment itself is carried out jointly by the employer and a specialized organization involved on the basis of a civil law contract ( Part 2 Art. 8 Laws).

When choosing such an organization, the employer should take into account the requirements imposed by the Law on specialized organizations, namely, st.st. 19-20.

When is a special assessment carried out?

A special assessment is carried out at least once every five years. The specified period is calculated from the date of approval of the report on its implementation (part 4 of article 8 of the Law). It does not matter whether harmful and (or) dangerous factors were identified during the assessment. That is, even if they are not identified, after five years the procedure will need to be carried out again.

It should be noted that earlier workplaces were exempted from attestation if, following its results, working conditions were recognized as safe (paragraph “b”, paragraph 8 of the Procedure for attestation of workplaces for working conditions, approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n).

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

• newly organized workplaces are put into operation;
• the employer receives instructions from the state labor inspector to conduct such an assessment;
• the technological process is changed, production equipment is replaced, which can influence the level of exposure to harmful and (or) hazardous production factors on workers;
• changes in the composition of the materials and (or) raw materials used that can affect the level of exposure to workers;
• changes in the means of individual and collective protection used;
• there was an accident at work (except for an accident caused by the fault of third parties) or an occupational disease was detected, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
• there is a motivated proposal from the primary trade union organizations or another representative body of workers to conduct such an assessment.

How is a special assessment carried out?

A special assessment of working conditions consists of several stages.

Stage 1. Convocation of a special commission

Stage 2. Approval of the special evaluation schedule

Stage 3. Approval of the list of jobs subject to special assessment

Stage 4. Hiring a specialized organization that will carry out the assessment

The employer must conclude a civil law contract with the selected specialized organization.

Stage 5. Identification of potentially harmful and (or) hazardous production factors

Stage 6. Research (testing) and measurement of harmful and (or) hazardous production factors

Stage 7. Summing up the results of the special assessment

Stage 8. Familiarization of employees with the results of a special assessment

Stage 9. Posting information about the special assessment on the official website of the employer

Stage 10. Transfer of the results of the special assessment to the authorized body

The specialized organization is obliged to transfer the results of the assessment:

• until January 1, 2016 - to Rostrud (part 3 of article 28 of the Law);
• from January 1, 2016 - to the Federal State Information System for recording the results of a special assessment of working conditions (part 1 of article 18 of the Law).

What classes and subclasses of working conditions exist?

Recall that, based on the results of a special assessment, classes (subclasses) of working conditions at workplaces are established (Part 2, Article 3 of the Law). The specified classes and subclasses are taken into account when determining the amount of the additional rate of contributions to the Pension Fund of the Russian Federation.

For more information about additional tariffs, see the Directory "Insurance contributions for pension, medical and social insurance"

So, according to the degree of harmfulness and (or) danger, working conditions are divided into four classes (part 1 of article 14 of the Law):

• optimal - 1 class;
• admissible - 2 class;
• harmful - class 3;
• dangerous - 4th class.

Do employers who have conducted job evaluations need to carry out a special assessment?

If prior to January 1, 2014, the employer carried out certification of workplaces, then he may not conduct a special assessment in relation to these places within five years from the date of completion of certification (except for cases in which an unscheduled certification is carried out) (part 4 of article 27 of the Law ).

In this case, the results of attestation are used for the same purposes as the results of a special assessment.

However, it is worth noting that the employer has the right not to wait until these five years have passed, and to conduct a special assessment of working conditions.

Within what time period from the moment the Law comes into force should a special assessment be carried out?

A special assessment of working conditions can be carried out in stages, the main thing is that it be completed no later than December 31, 2018 (part 6 of article 27 of the Law). At the same time, it does not matter whether certification of workplaces was carried out earlier or not.

However, this rule does not apply to workplaces:

• employees, professions, positions, specialties of which are included in the lists, taking into account which the early appointment of an old-age labor pension is carried out;
• in connection with work on which guarantees and compensations are provided for work with harmful and (or) dangerous working conditions;
• where harmful and (or) dangerous working conditions were established based on the results of previous workplace certifications.

At the same time, the Law does not regulate the terms for conducting a special assessment in relation to these jobs. In our opinion, it should be carried out after five years from the date of certification.

Is there any liability for not conducting a special assessment?

The answer to this question is contained in paragraph 3 of Art. 11 of the Federal Law of December 28, 2013 No. 421-FZ, which made the appropriate amendments to the Code of Administrative Offenses of the Russian Federation. So, part 2 of the new art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for liability if the employer violated the procedure for conducting a special assessment or did not conduct it. According to the specified norm, such offenses entail a warning or a fine:

• for officials - from 5,000 to 10,000 rubles;
• for persons carrying out activities without forming a legal entity - from 5,000 to 10,000 rubles;
• for organizations - from 60,000 to 80,000 rubles.

For questions about conducting a special assessment of working conditions, contact the specialist in labor relations of the Administration of the Yegorlyksky District, room. No. 19, contact phone 23-7-68.

The administration of the Yegorlyksky district asks the heads of enterprises and organizations, individual entrepreneurs, in order to take into account jobs in the territory of the municipality, where a special assessment of working conditions has been completed, to provide information on the special assessment of working 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.

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What does the mandatory assessment of working conditions mean?

The concept of "" (SOUT) appeared in Russian legislation relatively recently 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?

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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 applies to both legal entities and individual entrepreneurs. The only exceptions to the general rule are individuals 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 that working conditions be reliably prescribed 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 are 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. At the same time, it does not matter who owns the company: branches and representative offices of foreign organizations must carry out 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 phone, 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 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 obliged 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 a higher education in the specialty "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 a contractor, go through the list of prerequisites: if at least one of them is not met, 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 (a course of at least 72 hours);
• at least three years of practical experience in the field of SUT.

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 SUT has access to the laboratory and has at least five certified specialists included in the state register of experts, otherwise the assessment will have to be repeated.

1. What is a special assessment of working conditions and which organizations and individual entrepreneurs should conduct it.

2. Why should an employer conduct a special assessment of working conditions.

3. What legislative and regulatory acts regulate the conduct of a special assessment of working conditions.

Since 2014, certification of workplaces in terms of working conditions has been replaced by a special assessment, in connection with the adoption of the Federal Law of December 28, 2013 No. 426-ФЗ “On the Special Assessment of Working Conditions”. Information on the results of the special assessment carried out must be reflected in the 4-FSS report (Table 10) starting from the report for the first quarter of 2014. Moreover, all insurers must fill out table 10, including those who did not conduct a special assessment of working conditions (read more about the filling procedure in the article). However, despite the fact that the introduction of a special assessment of working conditions is no longer new, there are still many questions regarding the procedure for its implementation, its mandatory nature, etc. In this article, I propose to consider which organizations and individual entrepreneurs should conduct a special assessment and why.

First of all, let's understand what a special assessment of working conditions is. According to Article 3 of Law No. 426-FZ, a special assessment of working conditions is a set of measures to identify harmful and (or) dangerous factors in the working environment and the labor process and assess the level of their impact on the employee. Based on the results of its implementation, classes and subclasses of working conditions are assigned to workplaces, and an action plan is developed to improve working conditions.

Which employers and with what frequency should conduct a special assessment of working conditions

All employers must conduct a special assessment, such an obligation is established by paragraphs. 1 p. 2 art. 4 of Law No. 426-FZ, regardless of legal status (organization or individual entrepreneur), type of activity, number of employees, etc. Moreover, a special assessment of working conditions should be carried out in relation to all jobs, with the exception of homeworkers and remote workers (clause 3, article 3 of Law No. 426-FZ).

! Note: special assessment is also subject to workplaces where employees are engaged exclusively in working with a personal computer and other office equipment. Previously, such jobs were not subject to mandatory certification for working conditions.

A special assessment of working conditions must be carried out at least once every five years. However, in the presence of the circumstances specified in Art. 17 of Law No. 426-FZ, an unscheduled special assessment should be carried out (for example, when new jobs are introduced, there is an order from the labor inspectorate, in the event of an accident at the workplace, etc.).

! Note: if the employer carried out certification of workplaces in terms of working conditions, then a special assessment in relation to these workplaces may not be carried out within five years from the date of completion of the certification (if there are no grounds for conducting an unscheduled special assessment of working conditions).

Why does an employer need to conduct a special assessment of working conditions

The results of the special assessment carried out are used in the following cases:

1. As a justification for the costs of taking measures to improve working conditions and labor protection (purchasing personal and collective protective equipment for workers, conducting mandatory medical examinations) in order to reimburse them from the Social Insurance Fund.

The procedure for reimbursement of such expenses at the expense of the FSS and the list of expenses subject to reimbursement are established by Order of the Ministry of Labor of Russia dated December 10, 2012 No. work with harmful and (or) dangerous production factors. According to paragraph 3 of the Rules, the insured has the right to reimburse at the expense of the FSS, for example, the costs of:

• implementation of measures to bring the levels of exposure to harmful and (or) hazardous production factors at workplaces in line with state regulatory requirements for labor protection;
• , as well as flushing and neutralizing agents;
• sanatorium-and-spa treatment of workers employed in work with harmful and (or) dangerous production factors;
• conducting mandatory periodic medical examinations (examinations) of employees employed in work with harmful and (or) dangerous production factors;
• purchase by insurers of first aid kits;
• and other expenses specified in the Rules.

2. To justify the costs of taking measures to improve working conditions and labor protection (purchase of collective protective equipment, equipping workplaces, for example, with lighting fixtures, equipping recreation areas, etc.) for tax purposes.

3. To establish an additional rate of insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace. The sizes of additional tariffs are established by part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”:

4. To calculate discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases.

The methodology for calculating discounts and surcharges to insurance rates for compulsory social insurance against industrial accidents and occupational diseases was approved by Order of the Ministry of Labor of Russia dated August 01, 2012 No. 39n. In accordance with it, the specific amount of the discount or premium is set by decision of the FSS within 40 percent of the approved insurance rate. In this case, the premium is set at the initiative of the FSS, and the discount is set at the request of the insured.

5. To establish guarantees and compensations provided for by the Labor Code of the Russian Federation for employees.

Guarantees for employees based on the results of a special assessment of working conditions are also provided for by Decree of the Government of the Russian Federation dated November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions.

6. For other purposes, the list of which is contained in Article 7 of Law No. 426-FZ.

So, we have clarified the "theoretical" aspects of a special assessment of working conditions: who, when and why should conduct it. In I will write about the “practical” issues associated with a special assessment: what is the procedure for conducting it and, most importantly, how the costs of conducting it are taken into account.

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Legislative and regulatory acts:

1. Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions”
2. Order of the Ministry of Labor of Russia dated December 10, 2012 No. 580n “On Approval of the Rules for Financial Support of Preventive Measures to Reduce Occupational Injuries and Occupational Diseases of Workers and Sanatorium and Resort Treatment of Workers Employed at Work with Harmful and (or) Dangerous Production Factors”
3. Federal Law No. 212-FZ dated July 24, 2009 “On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”
4. Order of the Ministry of Labor of Russia dated August 1, 2012 No. 39n “On Approval of the Methodology for Calculating Discounts and Surcharges for Insurance Rates for Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”
5. Decree of the Government of the Russian Federation of November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions”

How to get acquainted with the official texts of documents - see the section