Works for a special assessment of working conditions. Special assessment of working conditions (sout). Actions of the expert organization based on the results of the sout

Find out how to correctly apply the results of a special assessment of working conditions, how the documents are drawn up and how to get reimbursement of expenses for SAWS from the FSS. Download a sample application to the Social Security Fund.

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Results of special assessment of working conditions

The employer's obligation established by law is to provide for employees safe environment in the workplace. To confirm their compliance with government regulatory requirements and declare them, from January 1, 2014, all employers must conduct a special assessment of working conditions.

The results of the special assessment are a report drawn up by experts from the organization that conducted the SAWS. The report includes a list of workplaces, their characteristics, results of identification of hazardous and harmful factors, protocols and a summary sheet of the RM.

Report to the FSS on a special assessment of working conditions

To receive a discount on the insurance rate, information about the results of the SAUT and the mandatory preliminary and periodic medical examinations must be submitted to the Mandatory Social Insurance Fund. The data is taken as of January 1 of the current calendar year. This procedure is established, which are approved by the Government of the Russian Federation dated May 30, 2012 No. 524.

To obtain a discount, according to, you should contact the territorial office of the Fund (at the place of your registration) before November 1 of the current year. In this case, the policyholder must:

• lead economic activity at least three years;
• timely pay current insurance premiums;
• at the time of filing the application, have no arrears in insurance premiums.

To reimburse the cost of SAUT, you need to send an application to the FSS by August 1 to send funds to finance preventive measures.

Attached to the application:

• in the current calendar year;
• a copy of the list of measures to improve labor conditions and safety;
• a copy or between the employer and the union;
• copy;
• a copy of the contract with the organization that will conduct the special assessment, indicating the number of estimated jobs and its cost.

The insurance fund will direct up to 20 percent of the insurance premiums paid by the employer to finance preventive measures, including the implementation of the SAWS.

An approximate set of details that should be indicated in the report:

• title of the document;
• date of preparation of the document;
• registration number;
• place of preparation of the document;
• title;
• the text of the document;
• a mark on the presence of the application named in the text (subject to availability);
• expert signature (job title, number in the register of experts, personal signature);
• decoding of the signature (initials, surname).

Members of the commission are required to sign the report, even if they do not agree with its content. In this case, they should state their opinion reasonably in writing and attach to the report.

The deadline for approval of the report is not legally determined. Within three days after approval, the employer must notify the organization that carried out the SAWS and send there a copy of the report on its implementation (clause 5.1 of Article 15 of Law No. 426-FZ). After signing the report on the special assessment of the UT, no changes can be made to it. This is established by the Law, as well as the Methodology for conducting a special assessment of working conditions, approved.

The employer has the right:

• require the organization that carried out the special assessment to justify the results and provide documents confirming their compliance with the requirements of Article 19 of Law No. 426-FZ;
• to appeal against, in the manner prescribed by Article 26 of Law No. 426-FZ, the actions (inaction) of the organization that conducted the SAUT.

If the employer comes to the conclusion that the results of the assessment are not true, he can file a complaint with the territorial GIT, or

The general structural diagram of the SOUT is as follows:

In the diagram, gray rectangles indicate steps - actions.

The arrows show:

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

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

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

Step 0 - Determine if and when to conduct a special assessment of working conditions

S.V. Polyashov, 2014

Where should SOUT take place

1. homeworkers,
2. teleworkers,
3. workers who joined labor Relations with an employer - an individual who is not an individual entrepreneur ().

government civil servants and municipal civil servants held not by, but according to special regulatory legal acts for employees ( ) .

SOUT concerning working conditions employees admitted to information classified as state or other secrets protected by law, is carried out in accordance with special regulatory legal acts ().

In other cases, SOUT should be carried out

Dates of SAUT

SOUT is carried out Once every 5 years... The term is calculated from the date of approval ().

If, before 01.01.2014, the organization carried out certification of workplaces, then within 5 years after its completion, you can skip SAUT ()

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

1. commissioning of newly organized workplaces;
2. employer's receipt of an order state inspector labor on conducting an unscheduled special assessment of working conditions in connection with the identified violations;
3. change technological process, replacement production equipmentthat can influence the impact level production factors on employees;
4. changes in the composition of the materials used and (or) raw materials that can affect the level of impact of production factors on workers;
5. changes in the personal and collective protective equipment used, which can affect the level of exposure to production factors on workers;
6. an industrial accident occurred at the workplace (with the exception of an industrial accident caused by the fault of third parties) or an identified occupational disease caused by exposure of the employee to harmful and (or) hazardous production factors;
7. the presence of motivated proposals from the elected bodies of the primary trade union organizations or other representative body of workers to conduct an unscheduled special assessment of working conditions.

Step 1 - formation of a commission to conduct a special assessment of working conditions

S.V. Polyashov, 2014

Actions:

1. Decide on the composition of the commission ().
2. Issue an order on the creation of the commission and familiarize with it against the signature of the members of the commission ()

Outgoing documents:

1. order (order on the composition and procedure for the activities of the commission for the SAUT) ()

Comment:

The employer or his representative heads the commission.

Number of commission members should be odd ().

The commission should include ():

1. labor protection specialist;
2. a representative of the trade union organization of the enterprise or other representative body of workers (if any).

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

1. employer - personally the individual entrepreneur himself, or the employer - the head of the organization (director, etc.),
2. labor protection specialist - an employee of a given organization, or engaged under a civil law contract, or a representative of a specialized organization involved in performing the functions of a labor protection service (specialist).

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

Step 2 - development and approval of the list of workplaces where SAWS will be carried out with indication of similar workplaces

S.V. Polyashov, 2014

Incoming documents:

1. staff organization schedule,
2. list of those currently working.

Actions:

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

Outgoing documents:

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

Individual workplace number	The name of the workplace and sources of harmful and (or) dangerous factors of the working environment and labor process	The number of employees employed at this workplace (people)	The presence of a similar workplace (workplaces)
	seamstress, sewing machine
	production manager
	director
	chief Accountant
	human Resources Manager

Similar jobs are marked with the letter "a" in the table.

Places are recognized as similar jobs ():

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

This list will be required to conclude an agreement with a specialized organization for SOUT.

Step 3 - finding and attracting a specialized organization to SOUT

S.V. Polyashov, 2014

Incoming documents

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

Actions:

1. select an organization that has the right to conduct SAWS,
2. check organization documents,
3. determine what information, documents and information you need to transfer to the organization that provides the SAWS under the contract (),
4. conclude an agreement with the organization,

Outgoing documents

1. civil contract for the implementation of the SAUT (), including information about documents that the employer is obliged to provide to the organization conducting the SAWS under the concluded agreement ( ),

Comments:

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

Organizations previously accredited as certification organizations can conduct a special assessment of working conditions before the expiration of their existing ones as of 01.01.2014. accreditation certificates, but no later than 31.12.2018 ().

If the validity of the accreditation certificate of the laboratory of the attesting organization expires in 2014, then the organization has the right to carry out SAWS until December 31, 2014 ().

You can find such an organization on the page of SOUT companies by the link.

Before concluding a contract:

1. study carefully constituent documents organizations and check them on the website of the Federal Tax Service (egrul.nalog.ru) or in response to a request from the Federal Tax Service - the name of the organization, TIN, KPP, ORGN must match, legal address; the organization must be operational;
2. demand documents confirming the compliance of the specialized organization with the requirements (the employer's right to demand these documents is secured and);
3. check the certificate of entry in state Register of accredited organizations providing services in the field of labor protection, compare with the corresponding entry on the official website of the Ministry of Health of the Russian Federation;
4. study the accreditation certificate and the scope of accreditation - make sure that the studies you need are included in the scope of accreditation and that the validity of the accreditation certificate will not expire before the completion of the SAUT;
5. study the text of the agreement:

• the contract must indicate which documents, information and information the employer is obliged to provide the organization conducting the SOUT (). In case of failure to provide this information, documents and information,
• the contract must indicate conditionsthat the employer must provide for the SAWS. If the employer refuses to provide these conditions, the organization conducting the SAUT must do not start or stop work ().
• see what documents the organization conducting the SAWS will have to prepare - will it develop a schedule for the SAWS, declarations of conformity with labor conditions, etc.

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

Step 4 - development and approval of the SAUT schedule

S.V. Polyashov, 2014

Incoming documents:

1. documents that the employer is obliged to provide to the organization conducting the SAWS under the concluded agreement (),
2. a list of places where the SAWS will be held, indicating similar jobs ()

Actions:

1. jointly with the organization conducting the SAWS, develop and approve the schedule for the SAWS ()

Outgoing documents:

1. schedule for a special assessment of working conditions ().

Comment:

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

Step 5 - conducting identification of production factors

S.V. Polyashov, 2014

Incoming documents:

1. Documents that the employer is obliged to provide to the organization conducting the SAWS under the concluded agreement (),
2. a list of places where the SAWS will be held, indicating similar jobs ()

Actions:

1. Help the expert of the organization conducting the SAWS survey workplaces and understand the technical and other documentation of your organization.
2. Approve the identification results by the commission ().

Outgoing documents:

1. identification results ().

Comment:

Identification is carried out by an expert of the organization for SOUT (). The identification procedure is described in detail.

The essence of identification: an expert on SOUT examines the employer's documentation ( technical documentation for equipment, projects, the results of previously carried out measurements of harmful factors, etc.), conducts a survey of workplaces by examining them, interviews workers, etc. and identifies harmful factors.

Not subject to identification ():

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

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

3. workplaces, on which, according to the results of earlier certification of workplaces for working conditions or a special assessment of working conditions harmful and (or) dangerous working conditions have been established.

After identification, the workplaces will be divided into three groups:

1. workplaces where harmful (hazardous) factors are identified;
2. workplaces where no harmful (hazardous) factors are identified;
3. jobs that were not subject to identification.

The Commission must approve the identification results ().

Step 6 - drawing up and sending to the appropriate state authority a declaration of compliance of working conditions with regulatory requirements

S.V. Polyashov, 2014

Incoming documents:

1. list of workplaces where harmful factors have not been identified.

Actions:

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

Outgoing documents:

1. Declaration of compliance of working conditions with regulatory requirements.

Comment:

Original Russian Text © S.V. Polyashov, 2014

In relation to workplaces where no harmful (hazardous) production factors have been identified, the employer must submit a declaration of the compliance of working conditions with regulatory requirements to the labor inspectorate.

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

There is no officially approved declaration form yet.

The declaration is valid for 5 years. The period starts from the date of approval of the report on the implementation of the SOUT ().

If the employee for whom the declaration is submitted has an accident at work (except for an accident at work caused by the fault of third parties) or the employee has an occupational disease, then the declaration for this workplace terminates in relation to this employee an unscheduled SOUT () is carried out.

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

In each organization, employees work in specific conditions. This is an important factor in the process labor activity, because it affects the performance of staff. Working conditions in the workplace must be in accordance with the law and are therefore regularly assessed. Details on this are presented in the article.

Concept

What are working conditions in the workplace? This concept has existed for a long time, since the beginning of the exploitation of people, but only now it has been implemented at the legislative level. According to Art. 56 and 57 of the Labor Code of the Russian Federation, an employment contract is not drawn up without specifying working conditions. They are recorded along with the rest of the information - name, salary.

In Art. 56 states that the employer must ensure the legal working conditions at the workplace. And according to Art. 57 it is obligatory to highlight in the agreement the harmful factors that may be in production. Compensation and guarantees are stipulated separately.

Characteristics

The production process is the work of obtaining products from matter or raw materials. All stages of this activity are interconnected. The nature of the process is determined by the type:

1. Used work force.
2. Production facilities.
3. Source materials.

By defining the asset, you can establish the process type. Suppose it is known that the main machine is a metallurgical plant. Then it will be clear that there is activity with metal, ore. Metallurgists and steel workers will be employed as labor force. From this, the safety requirements and possible types of occupational diseases employees.

Work environment

This concept is called the space where an employee performs work. The environment means buildings, means of production, used transport. This concept includes psychological and environmental conditions. It is they who have an impact on the staff.

Labor intensity

This concept implies the intensity of the work process. It implies a psychological side. Intensity has a relationship with performance. In a disorganized space, tension is high and productivity is low. This is a negative point. Employees get tired quickly, and the results are not encouraging.

Classification

Working conditions at the workplace are divided by law into 4 classes (Article 14 of the Labor Code of the Russian Federation):

1. Optimal. With them, the negative impact on employees is absent or very low.
2. Valid. Some negative impact likely, but within established limits.
3. Harmful. In this case, there is an excess of the influence of negative factors on the body. Occupational diseases are likely.
4. Dangerous. Workers are affected by negative factors of production. There is a high risk of occupational diseases.

Determination of the class of working conditions in the workplace is necessary to determine the level of hazardous activity. They are different for every job. It is important to take them into account before applying for a job. Harmful working conditions in working time negatively affect well-being, human health. Therefore, at every enterprise it is important that the norms of the organization of the process are observed.

Environmental factors

What should be the working conditions in the office, in the workplace? While doing professional activity it is important that employees feel comfortable and convenient. Then the results of the work will be high. The workflow is influenced by many factors, the main of which are:

1. Lighting: the norm is 1-2 thousand lum.
2. Temperature - the more physical activity, the lower the indicator in the room. With active work, the optimal level will be 10-16 degrees, and with average - 18-23 degrees.
3. Noise. The norm is 65 decibels and a frequency of 75,000 Hertz. The noise level will be high if it exceeds 88 decibels.
4. Vibration. Such impacts are local and general. Vibration is associated with noise.

There are other factors, biological and chemical. An example of a negative characteristic of working conditions is a high concentration of dust and toxic components.

Attestation

The employer is responsible for certifying the working conditions. A special institution is participating in this event. A special commission is created, including the employer, labor protection specialist, and trade union members. places on working conditions involves the inspection of the organization and the collection of information.

During the event, environmental factors are measured - noise, lighting, vibration. Deviations from the norms are established. If the workplaces are similar to each other, then you can check one similar place. Certification of workplaces for working conditions is planned and unscheduled.

The planned activity is carried out every 5 years. Certification of workers in terms of working conditions allows you to make work more efficient if after the event all the expert's comments are taken into account. An unscheduled check is carried out with various changes production process... These include the replacement of equipment, transfer to another technical process... In case of an accident, unscheduled check... In the conclusion, the assessment of working conditions of workplaces is prescribed.

What does the contract say?

The organization of working conditions in the workplace is the responsibility of management. IN labor agreement there must be information about which class the work belongs to. For this, a section entitled "Labor Protection" is assigned. It indicates whether conditions are considered “optimal” or “dangerous”. In the first case, it is indicated that all standards are met, there are no harmful conditions at the workplace.

In grades 3 and 4, it is recorded that the conditions are harmful to health. The contract indicates the class, subclass, factors that led to the deterioration of the situation. For example, hazardous conditions have arisen due to high level noise and low temperature.

Appraisal law

The main document for assessing conditions is considered to be Federal Law No. 426. It establishes the essence of the event, the rules for its implementation and application of the results. Evaluation is a procedure, the results of which can influence in various ways the activities of the organization, as well as the development and improvement of personnel policy.

If harmful jobs are found, the company may have obligations, for example:

1. Providing employees with social preferences established by the law of the Russian Federation.
2. Payment of higher contributions to the FIU and FSS.

The assessment can reveal objective gaps in personnel safety, the elimination of which increases productivity and positively affects the business as a whole. You just need to follow the instructions of the specialists provided as a result of the event.

Assessment stages

Even if the institution is not ready to carry out the assessment, this task is solved by law. The stages of the event include:

1. Contacting a specialized company that has permission to carry out such activities.
2. Identification of the factors of production by this firm. workplace hazards.
3. Registration of the inspection report.

The list of criteria that must be met by firms performing the assessment is established by Ch. 3 ФЗ №426. In practice, such an institution is easier to find with the help of the register of organizations accredited by the Ministry of Labor that perform work in the field of labor protection.

Workplace conditions and staff motivation are closely related. If the activities of employees are complex, and besides, there are harmful factors, the institution should encourage employees. Material reward is usually the motivation for staff. Then the efficiency of the enterprise will be much better.

Compensation

In Art. 224 of the Labor Code of the Russian Federation states that compensation is required for the additional load received from harmful factors. It can be additional leave and wage supplements. The amount of the allowance is established by Art. 147 of the Labor Code of the Russian Federation. Its minimum is 4% of the salary.

Deteriorating conditions

If the employee noticed negative changes, and the employer ignores the comments, then it is necessary to contact the trade union to perform a new certification. If ignored further, large fines may be imposed.

If the changes are household, for example, faulty lighting, then you must inform the occupational safety specialist. In this case, it is important to carry out repairs, elimination of the defect without loss of quality. Removing the flaw will improve the situation.

Occupational safety is considered an important part of the work process. It includes many factors, on the basis of which a classification is created. The "optimal class" is considered the safest, and the "dangerous" class is considered harmful. All this must be spelled out in the contract. Failure to comply with the law leads to the prosecution of the company's management.

Who should conduct a special assessment of working conditions, in what time frame, what liability is provided for non-performance or for violation of the procedure for conducting a special assessment. We will consider these and other questions in this article.

One of the main responsibilities of the employer is to provide its employees with safe working conditions in the workplace (Article 212 of the Labor Code of the Russian Federation). Conducting a special assessment of working conditions at workplaces is one of the activities that the employer takes to fulfill this obligation.

On January 1, 2014, the federal law of December 26, 2013 No. 426-FZ "On special assessment of working conditions" (hereinafter referred to as the Law) entered into force, which introduced a new procedure - a special assessment of working conditions (SAWC). It replaced the certification of jobs.

SOUT is aimed at identifying harmful and dangerous factors of the working environment, assessing the level of their impact on the employee (part 1 of article 3 of the Law).

Based on the results of a special labor assessment, the employer:

• defines classes (subclasses) of working conditions;
• provides employees with means of individual and collective protection;
• establishes guarantees and compensations for employees provided for by legislation;
• organizes preliminary and periodic medical examinations;
• sets an additional tariff for contributions to the FIU;
• calculates a discount (surcharge) to the insurance rate of premiums for injuries;
• prepares statistical reports on working conditions.

SOUT is required, but not for everyone

Each employer must conduct a special assessment, regardless of the form of ownership.

The only exceptions are the following categories of employees:

• homeworkers;
• teleworkers;
• employees who have entered into labor relations with employers - individualswho are not individual entrepreneurs.

The employer must arrange and pay for the special assessment (part 1 of article 8 of the Law). At the same time, the assessment is carried out by him jointly with a specialized organization, attracted on the basis of a civil law contract (part 2 of article 8 of the Law).

In order to understand in what time frame it is necessary to carry out a planned special assessment, we turn to the diagram:

The timing of the planned special assessment of jobs created before 01.01.2014

Special grade held at least once every 5 years. The term is calculated from the date of approval of the report on its implementation (part 4 of article 8 of the Law). However, if the special assessment carried out confirms the optimal or acceptable conditions at the workplace, and within 5 years from the date of approval of the report, the organization does not reveal any occupational diseases or an accident, the results of such a special assessment are automatically extended for the next 5 years. But in the event that harmful / hazardous working conditions are identified, these workplaces are subject to a planned special assessment every 5 years.

Situation: Potentially harmful conditions labor

For potentially harmful / dangerous working conditions, the Law does not clearly stipulate the time frame for the planned special assessment. Nevertheless, for these categories of jobs, the assessment of working conditions should be carried out as soon as possible. (End of box)

Out-of-plan evaluation

In some cases, the employer needs to carry out a special assessment unscheduled, that is, earlier than after 5 years (part 1 of article 17):

• when introducing a new workplace;
• if there is a prescription from the GIT to conduct a special assessment;
• when changing the technological process at the workplace, when replacing production equipment, the composition of the materials used, raw materials, etc.;
• if an accident occurs at the workplace (not through the fault of third parties);
• if an occupational disease is detected;
• if there is a motivated proposal of the elected body of the primary trade organization to conduct an unscheduled SOUT.

The period of the unscheduled special assessment is 6 months. Moreover, if the organization began its activities after January 1, 2014, all jobs are considered newly created and are subject to a special assessment within 6 months.

SOUT Commission

The SOUT begins with the convening of a commission with an odd number of members. It is initiated by the order of the head of the organization. The commission includes a labor protection specialist or a specialist engaged by the employer under a civil law contract to perform the functions of the labor protection service (labor protection specialist), as well as a trade union representative, if any. In the same order, the head must indicate who will head the commission - himself or a person appointed by him.

Important: Similar jobs

The commission approves the list of jobs subject to special assessment, and indicates which of them are similar (parts 5-7, article 9 of the Law). It should be noted that SAUT is carried out only for 20% of similar jobs (but not less than two places), and its results apply to all similar jobs (part 1 of article 16 of the Law). According to Art. 9 of the Law, such jobs are considered to be workplaces that simultaneously meet the following conditions:

1. located in one or more of the same type of production facilities (production areas);
2. equipped with the same (of the same type) ventilation, air conditioning, heating and lighting systems;
3. which employees work for:

• one and the same profession (position, specialty) performing the same labor functions;
• in the same working hours while maintaining the same type of technological process;
• using the same production equipment, tools, fixtures, materials and raw materials;
• provided with the same personal protective equipment.

Is it always necessary to involve a specialized organization?

At the same time, the company is obliged to select and conclude an agreement with a specialized organization to carry out SOUT.

The next step is specialized organization... Its task is to identify harmful or hazardous labor factors. Simply put, to decide whether his work can harm a person's health, and if so, what exactly. Harmful factors are listed in the Classifier approved by Order of the Ministry of Labor N 33n dated 01.24.2014.

It should be noted that identification is not carried out in relation to (part 6 of article 10 of the Law):

• workplaces of employees, professions, positions or specialties of which are included in the lists for the early appointment of an old-age labor pension;
• workplaces where employees are provided with guarantees and compensation for work in harmful and (or) dangerous working conditions in accordance with the law;
• workplaces where harmful and (or) hazardous working conditions have been established based on the results of previous certification or special assessment.

At the same time, the rest of the special assessment procedures in relation to these jobs are carried out.

So, an expert of a specialized organization conducts identification, and its results are approved by the employer's commission (part 2 of article 10 of the Law).

If harmful and (or) dangerous production factors at the workplace are not identified, then further research is not carried out (part 4 of article 10 of the Law).

For such workplaces, as well as places where working conditions are recognized as optimal or acceptable, the employer submits to his labor inspectorate a declaration of compliance of working conditions with state requirements.

Situation: Hazardous or hazardous production factors identified

If harmful / hazardous production factors are identified, the commission decides to conduct research and measurements of these factors (part 5 of article 10 of the Law). Having finished measuring harmful factors, the expert organization and the commission of the audited company draw up a report on the results of the special assessment. It is signed by all members of the commission and approved by its chairman. The report form is in the Order of the Ministry of Labor N 33n dated 01.24.2014. Cards for assessing each workplace that have passed the procedure are attached to it. As a result, working conditions are divided into classes and subclasses according to the degree of hazard, workers receive certain guarantees and compensations, and an additional rate of contributions to the Pension Fund will be determined.

Characteristics of working conditions

Class	Subclass	Working conditions	Additional tariff amount	Class (subclass) characteristics
		Optimal		Harmful (dangerous) factors are absent or do not exceed the norms.
		Permissible		Harmful (dangerous) factors do not exceed the norms; the functional state of the employee is restored during the inter-shift rest.
		1 degree		After exposure to harmful (dangerous) factors, the state of the employee's body is restored for a longer time than between shift rest; the risk of damage to health increases.
		2 degrees		Harmful (dangerous) factors can cause the appearance and development of the initial forms of occupational diseases or occupational diseases of mild severity (without disability) arising after prolonged exposure (15 or more years).
		3 degrees		Harmful (dangerous) factors can cause the emergence and development of occupational diseases in an employee of mild and moderate severity (with loss of occupational ability to work) during the period of employment.
		4 degrees		Harmful (dangerous) factors can lead to the emergence and development of severe forms of occupational diseases in the employee (with loss of general working capacity) during the period of employment.
				Harmful (dangerous) factors affecting an employee during the entire working day (shift) or part of it can pose a threat to his life, and their consequences cause a high risk of developing an acute occupational disease during work.

Assessment completed, but what next?

But the employer's duties do not end there. He must familiarize employees against signature with the results of the assessment carried out at their workplaces within 30 calendar days from the date of approval of the above report (part 2 of article 5 and part 5 of article 15 of the Law).

This period does not include periods of temporary disability of the employee, his being on vacation or a business trip, periods of inter-shift rest.

Important: update the information on the website

And if the organization has an official website, then it must organize the placement of summary data on the assessment results on it:

• on the established classes (subclasses) of working conditions;
• on the list of measures to improve these conditions.

This must be done within the same period - 30 calendar days from the date of approval of the report on the special assessment (part 6 of article 15 of the Law).

Information on the results of a special assessment must also be reflected in table 10 of the 4-FSS form.

The employees also have a duty to familiarize themselves with the results of the SAUT (part 2 of article 5 of the Law). Refusal to fulfill this obligation may be recognized by the employer as a violation of labor protection requirements. Such a refusal is the basis for bringing to disciplinary responsibility (paragraph 2, part 1 of article 214, article 192 of the Labor Code of the Russian Federation).

The specialized organization is obliged to transfer the results of the assessment to the Federal State information system taking into account the results of a special assessment of working conditions (part 1 of article 18 of the Law).

Administrative liability is provided for violation of the procedure for conducting or for non-conducting of SAUT, its amount is indicated in the table.

Responsibility for violations of the rules of special pricing

Code of Administrative Offenses of the Russian Federation	Offense	Responsibility
		officials		organizations
h. 2 tbsp. 5.27.1	Violation by the employer of the established procedure for conducting a special assessment of working conditions at workplaces or not conducting it	Warning or 5,000 - 10,000 rubles.		Warning or 60,000 - 80,000 rubles.
h. 5 art. 5.27.1	Committing an offense under Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, by a person previously subjected to administrative punishment for a similar offense	30,000 - 40,000 rubles. or disqualification for 1 - 3 years	30,000 - 40,000 rubles. or suspension of activities for up to 90 days	RUB 100,000 - RUB 200,000 or suspension of activities for up to 90 days
h. 1 tbsp. 14.54	Violation of the procedure by the organization that conducted a special assessment of working conditions	20,000 - 30,000 rubles.	Not	70,000 - 100,000 rubles.
h. 2 tbsp. 14.54	Committing an offense under Part 1 of Art. 14.54 of the Code of Administrative Offenses of the Russian Federation, by a person previously subjected to administrative punishment for a similar offense	40,000 - 50,000 or 1 - 3 years disqualification		100,000 - 200,000 or suspension of activities for up to 90 days

The following actions / omissions of the employer may be considered a violation of the procedure for carrying out SAUT:

1. non-observance of the term of the special assessment;
2. failure to familiarize employees with the results of special appraisals at their workplaces;
3. violation of the procedure for registering the results of the special assessment;
4. carrying out a special assessment:

• without involving a specialized organization;
• without the formation of a commission for its conduct;
• not at all workplaces.

From the article you will learn:

1. How to prepare and document a special assessment of working conditions.

2. What stages does the process of conducting a special assessment of working conditions consist of, what are the functions of the employer in this process.

3. How the results of a special assessment of working conditions are drawn up and where they need to be reflected.

4. What legislative and regulations be guided by a special assessment of working conditions.

According to paragraph 3 of Art. 9 of Law No. 426-FZ, the commission for a special assessment of working conditions must include a labor protection specialist. However, not every employer has such a specialist, what should be done in this case? In accordance with the Labor Code of the Russian Federation (Article 217), if the employer carries out production activities and the number of employees exceeds 50 people, then he must have a labor protection service or a labor protection specialist. If the number of employees does not exceed 50 people and in the absence of a separate service or specialist, the employer (individual entrepreneur or the head of an organization) can assume labor protection functions, or transfer these functions to another employee, an outside specialist or organization engaged under a civil of a legal nature and providing labor protection services. Thus, in some cases, it is allowed to impose labor protection duties directly on the head ( individual entrepreneur), however, regardless of who is appointed in charge, labor protection documents must be available and executed properly.

! Note: before carrying out a special assessment of working conditions, the documentation on labor protection should be put in order (a logbook of instructions on fire safety etc.) since representatives of a specialized organization conducting a special assessment of working conditions may request these documents. I consider it inappropriate to describe in detail the entire set of documents and the procedure for filling them out in this article, if necessary, you can find the corresponding orders and recommendations of the Ministry of Labor of Russia (for example, “ Guidelines on the development of instructions for labor protection "from 13.05.2004). However, at least an order is required to appoint a person responsible for labor protection, as we found out, he can be a full-time specialist or labor protection service, an involved specialist or organization, or the manager himself (individual entrepreneur).

2. Determination of jobs subject to special assessment.

The Commission determines the list of jobs for which a special assessment of working conditions will be carried out, and also identifies similar jobs. If there are similar jobs, a special assessment is made for 20 percent of those jobs (but not less than two), and the results are applied to all similar jobs.

Similar jobs are jobs that are located in the same type of production premises, equipped with the same (the same type) ventilation, air conditioning, heating and lighting systems, in which workers work in the same profession, position, specialty, perform the same labor functions in the same working hours while maintaining the same type of technological process using the same production equipment, tools, fixtures, materials and raw materials and provided with the same personal protective equipment (clause 6. Article 9 of Law No. 426-FZ). For example, if two accountants work in the same office under the same conditions, then these places are considered similar. However, if a lawyer works in the same office in exactly the same conditions, then the workplace of a lawyer is not analogous to the workplace of an accountant, since they have different positions.

! Note: before concluding a contract with an organization conducting a special assessment of working conditions, it is necessary to check staffing table other personnel documents (employment contracts, job descriptions etc.). The fact is that a special assessment is carried out in relation to the employer's workplaces, the number and composition of which are determined precisely according to the staffing table. First of all, a specialized organization will request a staffing table and, in accordance with it, determine the composition of the jobs to be checked, and, accordingly, the cost of its services. That is, it is in the interests of the employer that the staffing table (its latest revision) is up-to-date, so that there are no "extra" positions (which, for example, were previously, but then they were abolished or renamed, etc.). But at the same time, if you plan to create new jobs (new department, new positions) in the near future, then it is advisable to create and introduce them before carrying out a special assessment of working conditions, since if this is done later, it will be necessary to conduct an unscheduled special assessment working conditions (Art. 17 of Law No. 426-FZ).

3. Conclusion of an agreement with a specialized organization for a special assessment of working conditions.

Please note: the specialized organization must comply certain requirementsestablished by law (Article 19 of Law No. 426-FZ).

4. Conducting by a specialized organization identification of potentially harmful and (or) hazardous production factors and their measurement (if such factors are identified).

5. Declaration of conformity of working conditions with state regulatory requirements for labor protection.

For workplaces where no hazardous factors have been identified, the employer submits labor inspection declaration of conformity of working conditions with state regulatory requirements for labor protection.

The form and procedure for submitting the declaration are established by Order of the Ministry of Labor of Russia dated 07.02.2014 No. 80n "On the form and procedure for submitting a declaration of conformity of working conditions to state regulatory requirements for labor protection, the Procedure for forming and maintaining a register of declarations of conformity of working conditions with state regulatory requirements for labor protection".

! note The declaration of conformity of working conditions is valid for five years. After this period, in the absence of accidents at work during the period of validity of the declaration (except for those caused by the fault of third parties) or detection of occupational diseases caused by exposure to the employee of harmful factors, the validity of this declaration is extended for the next five years.

6. Distribution of jobs by hazard classes and subclasses.

In relation to workplaces for which hazardous factors have been identified, a specialized organization conducting a special assessment carries out their assignment to the appropriate classes and subclasses of hazard (hazard). The characteristics of the classes and subclasses of danger are given in Art. 14 of Law No. 426-FZ. It is on the basis of this information that additional rates of insurance contributions to the Pension Fund of the Russian Federation are established in the future.

7. Drawing up a report.

Based on the results of a special assessment of working conditions, a specialized organization draws up a report on its implementation and transmits the report to the employer's representatives.

The information to be reflected in the report is listed in clause 1 of Art. 15 of Law No. 426-FZ. The report is signed by all members of the employer's commission and approved by the chairman of the commission. In addition, within thirty days from the date of approval of the report, it is necessary to familiarize all employees with the results of the special assessment of working conditions, as well as post the summary results of the special assessment on the employer's website, if any (clauses 5, 6, article 15 of Law No. 426-FZ) ...

! Note: the fact of a special assessment of working conditions, as well as its results, must be reflected in the 4-FSS report in table 10 (you can download the report form and the procedure for filling it out, and read about the changes in the 4-FSS form since 2014).

So, we examined the procedure for conducting a special assessment of working conditions. Now, I hope you have a clear idea of \u200b\u200bhow the special assessment is carried out, what to pay special attention to when preparing for it and directly in the process. Well, in the next article we will deal with, perhaps, the most pressing issue for an accountant, related to a special assessment of working conditions - how to take into account the costs of its implementation.

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Legislative and Regulatory Acts

1. the federal law dated 28.12.2013 No. 426-FZ "On special assessment of working conditions"

2. Labor Code RF

3. Order of the Ministry of Labor of Russia dated 07.02.2014 No. 80n "On the form and procedure for filing a declaration of conformity of working conditions with state regulatory requirements for labor protection, the Procedure for the formation and maintenance of a register of declarations of conformity of working conditions with state regulatory requirements for labor protection"

Find out how to get acquainted with the official texts of these documents in the section