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Since 2014, certification of workplaces in terms of working conditions has been replaced by a special assessment, in connection with the adoption of the Federal Law of December 28, 2013 No. 426-ФЗ “On the Special Assessment of Working Conditions”.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":

Working condition class	Subclass of working conditions	Additional insurance premium rate
Dangerous	4	8.0 percent
Harmful	3.4	7.0 percent
	3.3	6.0 percent
	3.2	4.0 percent
	3.1	2.0 percent
Permissible	2	0.0 percent
Optimal	1	0.0 percent.

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:

Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions”
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”
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”
Order of the Ministry of Labor of Russia dated August 01, 2012 No. 39n “On Approval of the Methodology for Calculating Discounts and Surcharges for Insurance Rates for Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”
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

E.A. Shapoval, lawyer, Ph.D. n.

Special assessment: simple about the complex

We deal with the nuances of conducting a special assessment, providing guarantees to employees and paying contributions based on its results

Starting this year, all organizations are required to conduct a special assessment of Part 1 Art. 28 of the Law of December 28, 2013 No. 426-FZ (hereinafter - Law No. 426-FZ). And its non-conduct from next year is fraught with fines. We will talk about some of the nuances.

Who is eligible for the special

Small businesses should also conduct a special assessment

Even if you have only 2 people working - a director and an accountant - you need to conduct a special assessment. There are no exceptions for small businesses, and no matter how many employees you have in Part 3 Art. 3 Law No. 426-FZ. Moreover, your director must personally participate in the special assessment commission. Part 3 Art. 9 of Law No. 426-FZ.

Lack of activity does not exempt from special assessment

If the company has only one director and the company does not conduct business, a special assessment should be carried out if the director has a workplace outside the home. If he performs the duties of a director at home, then it is not necessary to conduct a special assessment of Fr.

No special assessment required for remote jobs and homeworkers

If all employees of the company are remote and home workers, which is indicated in their employment contracts, then it is not necessary to conduct a special assessment. Part 1, 3 Art. 3 Law No. 426-FZ.

Safe working conditions do not exempt from special assessment

WARNING THE MANAGER

Even a new workplace similar to existing ones, You still need to conduct a special assessment.

If, according to the results of the certification, the working conditions in the organization were recognized as safe, then it was not necessary to re-certify. However, on this basis, now it is impossible to simply submit a declaration on the compliance of working conditions with regulatory requirements without conducting their special assessment and Part 1, 3 Art. 3 Law No. 426-FZ. If the conducted special assessment confirms the safety of working conditions in the workplace and within 5 years after that you will not have accidents (occupational diseases), then you can not conduct a repeated special assessment. It will be enough to submit a declaration on the compliance of working conditions with regulatory requirements. This declaration will be valid for another 5 years part 5, 7 art. 11 of Law No. 426-FZ.

Offices need to be assessed

If the company has only office jobs, a special assessment will need to be carried out Part 1, 3 Art. 3 Law No. 426-FZ. But, most likely, it will end for you at the identification stage: if the expert of the evaluating organization does not identify harmful and (or) dangerous factors at the workplace in your office, then the working conditions at the workplace are recognized by the commission as acceptable. Then the second stage of the special assessment - research (testing) and measurement of harmful and (or) dangerous factors - is not carried out part 2, part 4, art. 10 of Law No. 426-FZ.

Identification potentially harmful and hazardous production factors - this is the first stage of a special assessment of working conditions in the workplace, it is not carried out in relation to "harmful" jobs Part 6 Art. 10 of Law No. 426-FZ, namely:

workplaces of employees, professions, positions, specialties of which are included in the List and sub. 1-18 p. 1 art. 27 of the Law of December 17, 2001 No. 173-FZ; Lists No. 1 and No. 2, approved. Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 for the early appointment of an old-age labor pension;
workplaces, in connection with employment at which guarantees and compensations are provided for work with harmful and (or) dangerous working conditions (increase in wages by at least 4% of the tariff rate (salary) established for the same work with normal working conditions , reduced working hours - no more than 36 hours per week, additional leave of at least 7 calendar days) articles 92 , , , 219 of the Labor Code of the Russian Federation;
workplaces where harmful and (or) dangerous working conditions were established based on the results of an earlier certification or special assessment.

And if the special assessment ends for you at the identification stage, then it will be enough to issue it according to the approved form e Appendix No. 1 to the Order of the Ministry of Labor of 07.02.2014 No. 80n declaration of conformity of workplaces with established norms Part 1 Art. 11 of Law No. 426-FZ. Not later than 30 working days from the date of approval of the special assessment report, this declaration must be submitted to the labor inspectorate of the region at the location of the company and pp. 3-5 of Appendix No. 2 to the Order of the Ministry of Labor of 07.02.2014 No. 80n:

<или>by mail with a description of the attachment and a return receipt;
<или>in the form of an electronic document signed by a qualified electronic signature of the employer;
<или>by filling out the declaration form on the official website of Rostrud (now the service is undergoing the final stage of testing).

Evaluate not staff units, but jobs

All equipped workplaces that are available, and not according to the staff list, are subject to special assessment. After all, the staff list indicates positions, not jobs. In addition, in a multi-shift mode, several people can work in one workplace, shifting, whose positions are indicated in the staffing table. Or, no one may work at the existing equipped workplace, since this position in the staff list is vacant at the time of the special assessment.

If there are no “pests”, you can take your time with a special assessment

If an organization that has never carried out attestation of jobs before has no "harmful" jobs, then you can not rush to conduct a special assessment. You need to complete the special assessment by the end of 2018. Part 6 Art. 27 of Law No. 426-FZ

Deadlines for special assessments

For new firms, the terms are the same as for existing ones.

A special assessment of the jobs of newly created organizations should be carried out within six months p. 1 h. 1, h. 2 art. 17 of Law No. 426-FZ.

FROM AUTHENTIC SOURCES

Deputy Head of the Federal Service for Labor and Employment

“ Newly created organizations are required to conduct an unscheduled assessment of jobs, since all their jobs are newly organized p. 1 h. 1 art. 17 of Law No. 426-FZ. The employer is obliged to reflect all newly organized jobs in the structure of the organization, in particular in the technical documentation, or in local regulations. If the workplace is put into operation by drawing up an acceptance certificate, then from the date of signing the act. In other cases, the day the workplace is put into operation should be considered the inclusion of the position in which the employee works at the newly created workplace in the organization's staffing table.

At the same time, if you plan to open a company in the near future and there will be no "harmful" jobs, then you can carry out a special assessment in stages over 5 years, that is, until the end of 2018. Part 6 Art. 27 of Law No. 426-FZ

When to conduct a special assessment if the certification expires in 2014

If the validity of the attestation, according to the results of which the working conditions were found to be acceptable, expires in 2014 and the organization does not have "harmful people" according to the Lists, a special assessment can be carried out in stages until the end of 2018. Part 6 Art. 27 of Law No. 426-FZ After all, you do not have "harmful" jobs.

Special assessment can be carried out before the expiration of the certification period

If, based on the results of certification, harmful (class 3, hazard degrees 3.1-3.4) and (or) dangerous (class 4) working conditions were established, and the organization took measures to improve working conditions, then it is not necessary to wait for the certification to expire. It is possible to conduct a special assessment earlier. Indeed, if, according to the results of the special assessment, working conditions are recognized as acceptable (grade 2), then from the date of approval of the special assessment report, you will no longer be required to provide guarantees and compensation to employees for working in harmful and dangerous working conditions, as well as pay contributions to the Pension Fund at an additional rate Part 3, 4 Art. 15 of the Law of December 28, 2013 No. 421-FZ (hereinafter - Law No. 421-FZ); Part 2 Art. 58.3 of the Law of July 24, 2009 No. 212-FZ.

How to conduct a special assessment

Certifying organizations can still conduct a special assessment

The list of accredited organizations providing services in the field of labor protection can be found: website of the Ministry of Labor→ Register of accredited organizations providing services in the field of labor protection

For a special assessment, you can contact the same organization that conducted your workplace certification.

This firm has the right to conduct a special assessment before the expiration of the certificate of its testing laboratories. If the certificate expires this year, then she can conduct a special assessment before it ends. Part 1, 2 Art. 27 of Law No. 426-FZ.

The jobs of "travelers" are evaluated in a general manner

Rostrud told us how to conduct a special assessment of the workplaces of employees with a traveling nature of work performing repair and installation work at the location of customer organizations.

FROM AUTHENTIC SOURCES

“A special assessment of the working conditions of workers with a traveling nature of work (this should be reflected in the employment contract) is carried out in the general manner in accordance with the Methodology approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n. A part of such jobs may be subject to special assessment with the assignment of other jobs to similar ones.

When concluding employment contracts, in accordance with which the employee will perform work not at the location of the employer, additional conditions can be provided for in them, in particular about the workplace. Then a special assessment of working conditions will be carried out just at those jobs that are indicated in the employment contract.

Rostrud

You can save on a special assessment of similar jobs

If the commission for conducting a special assessment, determining the list of jobs, identifies similar ones, then it is not necessary to conduct a special assessment of each such place - it will be enough to check 20% of their total number (but not less than two such jobs) Part 5 Art. 9, part 1, art. 16 Law No. 426-FZ. However, if during the special assessment it turns out that at least one of these jobs does not meet the criteria of similarity, the special assessment will have to be carried out at all jobs x Part 5 Art. 16 Law No. 426-FZ.

Similar jobs- these are jobs Part 6 Art. 9 of Law No. 426-FZ:

located in one or more similar industrial premises (production zones);
equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
where employees work:

One and the same profession (position, specialty) performing the same labor functions;

In the same mode of 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.

Results of the special assessment

Where should the assessment results be sent?

Based on the results of the special assessment, the specialized organization that conducted it draws up a report. Part 1-3 Art. 15 of Law No. 426-FZ according to the approved form Appendix No. 3 to the Order of the Ministry of Labor of January 24, 2014 No. 33n. It must be signed by all members of the special assessment commission, which includes representatives of the employer and the employee in Part 2 Art. 9 of Law No. 426-FZ. You may, but are not required to, send the results of the special assessment to the labor inspectorate at your location. It makes sense to do this in order to insure in case the appraisal organization does not enter data into the Federal State Information System for recording the results of a special assessment. She will be obliged to do this from 2016. Then the data will be entered by the labor inspectorate.

The form of a report on the conduct of a special assessment of working conditions in electronic form can be found: "Legislation" section of the ConsultantPlus system

If your company has a website, then you must place a summary of the results of the special assessment on it within 30 calendar days from the date of approval of the report and Part 6 Art. 15 of Law No. 426-FZ.

In addition, you must familiarize employees in writing with the results of the special assessment also within 30 calendar days, excluding periods of illness, business trips, vacations, vacations between shifts and p. 4 h. 2 art. 4, part 5, art. 15 of Law No. 426-FZ.

We indicate the working conditions at the workplace in the employment contract

The employment contract must specify the working conditions at the workplace. Art. 57 of the Labor Code of the Russian Federation. We are talking about a class (subclass) of working conditions at the workplace based on the results of a special assessment. This condition might look like this.

3.5. The working conditions at the workplace according to the degree of harmfulness and (or) danger are acceptable working conditions (grade 2), which is confirmed by the report on the special assessment of working conditions, approved on 07/01/2014.

After the special assessment has been carried out and the report on the special assessment has been approved, such a condition must be included in the employment contract immediately upon its conclusion with new employees. If the employment contract was concluded before the special assessment, then this condition is included in the employment contract after it is carried out by an additional agreement m Art. 57 of the Labor Code of the Russian Federation;. If an employee is hired to a newly created workplace, in respect of which an unscheduled special assessment is carried out within 6 months from the date of its creation p. 1 h. 1, h. 2 art. 17 of Law No. 426-FZ, such a condition is also included in the employment contract by concluding an additional agreement after the approval of the special assessment report.

What compensations "for harmfulness" are due to employees this year

Prior to the special assessment, you must provide employees with the same guarantees and compensations as last year, if, according to the results of the certification, harmful (class 3, hazard levels 3.1-3.4) and (or) dangerous (class 4) working conditions were established

additional leave of at least 7 calendar days;

shortened working week no more than 36 hours.

If subsequently the special assessment confirms the previous working conditions, then guarantees and compensations will have to be provided in the same amounts as before the special assessment and Part 3 Art. 15 of Law No. 421-FZ. And only if the special assessment recognizes working conditions as acceptable, workers will not need to provide guarantees and compensation "for harmfulness" Letter of the Ministry of Labor of March 21, 2014 No. 15-1 / B-298.

If, as a result of the special assessment, the amount of guarantees and compensations provided to the employee (salary bonus, reduced working hours, additional leave) has changed, it is necessary to conclude an additional agreement to the employment contract, changing its provisions on working conditions and guarantees provided and compensation x

. You can stop paying contributions to the Pension Fund at an additional rate only if the same working conditions are established by a special assessment.

When you don’t have to pay contributions to the Pension Fund for an additional tariff for “bad guys”

If, according to the results of certification, harmful (class 3, hazard degrees 3.1-3.4) working conditions are established for all workplaces, but none of the positions is indicated in subpara. 1-18 p. 1 art. 27 of the Law of December 17, 2001 No. 173-FZ and in Lists No. 1 and No. 2 approved Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10, then pay contributions to the FIU at an additional tariff not over Letter of the Ministry of Labor of March 13, 2014 No. 17-3 / V-113 (p. 1). After all, your employees are not employed in jobs that give them the right to early appointment of an old-age labor pension.

If you have "harmful" jobs, then it might make sense for you to hurry up with a special assessment, without waiting for the expiration of the certification results. After all, only this will allow you to save on contributions to the Pension Fund at an additional rate, if the conditions at the workplace included in the “pension” Lists are recognized as acceptable.

A special assessment of working conditions in all organizations must be completed by December 31, 2018. The company's expenses for the next five years depend on its results. Who should conduct the SOUT and how to do it correctly - we will tell in the article.

Read in the article:

Who is required to conduct a special assessment of working conditions

The SOUT procedure is regulated by the Law of the Russian Federation No. 426-FZ and is a mandatory measure for examining the actual working conditions for each employer, regardless of ownership and types of economic activity. The exception is the jobs of municipal and state employees, but the rest of the personnel serving their needs is also subject to special assessment. Thus, each employer in the Russian Federation should conduct the SATS.

A special assessment at the workplace is carried out by the employer once every 5 years. The purpose of this measure for the state as a whole is to reduce the compensatory burden from the budget and reduce the number of preferential pensioners on lists No. 1 and No. 2. There must be a legal justification for the appointment of an insurance pension, in accordance with Article 30 of the Law of the Russian Federation No. 400-FZ, and this justification is special assessment of working conditions. Therefore, the employer is obliged to prove the need or absence of the need to pay an additional tariff for contributions to the Pension Fund of Russia.

It is the responsibility of the employer to justify the declaration of jobs. The declared jobs are a sign that for ten years it is possible not to return to the issue of assessing the working conditions of workers.

The commission should include labor protection specialists, employees of the personnel department, the main specialists of the enterprise - technologists, engineers, lawyers, economists, labor regulation engineers. Members of the commission must have all the information on production and technological processes, on the effectiveness of the tools used and personal and collective protective equipment, know the principles for measuring the factors of the production environment. Ideally, members should have received prior training on how to conduct the SUT at a training centre.

The cost of such training is not high, but the knowledge gained during this short course will pay off with the right selection of the organization conducting the SUT and experts. During the courses, the members of the commission will update their knowledge on, according to the signs of classifying jobs as similar, which will not allow the expert organization to abuse its powers and unreasonably overestimate the cost of assessment per job.

Responsible for the implementation of the SOUT in the organization is a labor protection specialist (if there is an OT service, its head), as well as the chairman and members of the commission. Conducting a special assessment is a joint task of the personnel management service and the OT service, so they will have to work closely. The formation of the base for conducting the SAUT is carried out on the basis of the staffing table. The labor protection service should provide methodological support to the commission in those to be assessed, excluding vacancies, remote and home-based positions from this list.

note

It would be useful to hold a meeting of the labor collective, at which it should be explained why a special assessment is being carried out, what benefits it brings, what harm can be done to the organization if the expert uses inaccurate data, including from employees.

If an expert initiates measurements of working time, it is necessary to show the labor process as it actually happens, without excesses in one direction or another. For this, it is necessary that, even before the start of the special assessment, an analysis of the time spent on the performance of technological operations at potentially harmful and dangerous jobs was carried out.

The Occupational Safety Specialist should always know where the most dangerous work areas are. Therefore, even before the expert arrives at the enterprise, it is necessary to analyze labor costs in the form of timing of working hours for seven shifts in the following professions:

gas cutter;
electric and gas welder;
Excavator driver;
loader;
loader driver;
electromechanic, electrician;
storekeeper;
operator 1C;
miller, turner;
slinger;
cableman-spider.

For a labor protection specialist, it is important to build a constructive dialogue with an expert from the OSH. An expert is, first of all, a practitioner who can provide invaluable assistance. He can provide, for example, not only a list of grounds for a medical examination in the SOUT card, but also generate a file indicating the points from order No. 302n for almost every workplace.

An expert is responsible for the quality of his work. At the same time, for all questions that were not answered by the expert, the maximum score for the harmfulness of UT will be given. This must be remembered. If there are grounds for disagreement, all issues should be resolved during the state examination of the UT.

Step-by-step algorithm for preparing for a special assessment

1. Draw up a preliminary calendar plan for the conduct of the SOUT. First of all, it is necessary to evaluate the jobs of those who are on the list 1 and 2 of the persons specified in parts 1 and 2 of paragraph 1 of Article 30 of the Law of the Russian Federation No. class of working conditions and on which a harmful or dangerous class of UT was established during the last workstation.

2. Prepare all technical and technological documentation for all machines and equipment on which workers work.

3. Make copies of job descriptions of employees, their shift schedules, prepare access to workplaces for the expert. If the expert cannot get to the workplace, he can establish a dangerous class of working conditions.

4. Time your working hours. We wrote about this above.

5. Be sure to prepare the equipment and machines for the work of the expert - for example, organize the washing of windshields and side windows of the excavator, since the analysis of the light environment will be carried out.

6. Carry out maintenance of the units in time so that increased noise, knocks under the hood or soot from engine oil smudges do not spoil the microclimate at the workplace of drivers, mechanics, etc.

7. Adjust all instrumentation.

8. Conduct a general cleaning of the premises, do not forget to purchase and install vibration-damping floor coverings, damping wall panels in the workshops.

9. Take into account all the costs of improving working conditions when planning preventive labor protection measures for further reimbursement through the Social Insurance Fund.

If an expert establishes class 2 where class 3.1 and higher used to be, and at the same time the employer has not taken labor protection measures, the employee has the right to apply to the GIT or to the court with a claim for unreasonable cancellation of benefits and guarantees, since the actual working conditions remained unchanged.

How to conduct a special assessment of working conditions

A step-by-step algorithm for carrying out the SOUT from the Ministry of Labor, taking into account all the features and subtleties of this process, is posted for you in the Occupational Safety System. There you can also download memos and ready-made samples of the necessary documents.

1. 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) the presence in the organization of at least five experts working under an employment contract and having an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert with a higher education in one of the specialties - general hygiene, labor hygiene, sanitary and hygienic laboratory research;

3) the presence as a structural unit of a testing laboratory (center), which is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and the scope of accreditation of which is the conduct of research (tests) and measurements of harmful and (or) hazardous factors the production environment and the labor process provided for in clauses 1 - and - 23 of part 3 of article 13 of this Federal Law, subject to the requirements established by part 4 of article 12 of this Federal Law.

(see text in previous edition)

1.1. An organization authorized in accordance with the established procedure to carry out a special assessment of working conditions is obliged to transfer to the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, the following information in the following cases:

1) reduction in accordance with the established procedure of the scope of accreditation of the testing laboratory (center), which is a structural subdivision of such an organization, indicating the harmful and (or) hazardous factors of the production environment and labor process excluded from the scope of accreditation, specified in paragraphs 1 - and - 23 of part 3 of the article 13 of this Federal Law;

2) changes in the composition of experts of the organization who have a duly issued expert certificate for the right to perform work on a special assessment of working conditions.

1.2. The information provided for in Part 1.1 of this article is transmitted by the organization conducting a special assessment of working conditions to the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, within ten working days from the date of the occurrence of cases, specified in part 1.1 of this article, on paper by registered mail with a return receipt or in the form of an electronic document signed with an enhanced qualified electronic signature, with copies of supporting documents attached. The federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor considers the information received within twenty working days from the date of its registration.

1.3. In the event that facts of non-compliance with the requirements established by Part 4 of Article 12 of this Federal Law and Part 1 of this Article are revealed, the activities of the organization conducting a special assessment of working conditions are suspended until the identified violations are eliminated and submitted to the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor, copies of documents confirming the elimination of identified violations.

2. An organization conducting a special assessment of working conditions has the right to conduct research (tests) and measurements of harmful and (or) dangerous factors of the working environment and the labor process, provided for

10.09.2019 10:52:00

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

Special assessment of working conditions (Further - SOUT) is a single set of consistently implemented measures to identify harmful and (or) dangerous factors of the production environment and the labor process and assess the level of their impact on the employee, taking into account the deviation of their actual values from the standards (hygienic standards) established by the federal executive body authorized by the Government of the Russian Federation working conditions and the use of means of individual and collective protection of workers (part 1, article 3 of the Federal Law "On a special assessment of working conditions" dated December 28, 2013 No. 426-FZ; Further- Law No. 426-FZ).

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

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

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

commissioning of newly organized jobs;
change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
change in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were exposure of the employee to harmful and (or) hazardous production factors.

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

organization of the SAUT;

ORGANIZATION OF A SPECIAL ASSESSMENT OF WORKING CONDITIONS

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

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

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

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

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

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

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

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

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

Employer order (instruction) forms a commission for conducting a special assessment of working conditions ( Further - commission). The number of committee members must be odd. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any). The commission is headed by the employer (his representative).

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

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

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

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

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

IDENTIFICATION OF POTENTIALLY HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS

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

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

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

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

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

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

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

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

WHEN CARRYING OUT RESEARCHES (TESTS) AND MEASUREMENTS OF HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS, THE APPROVED AND CERTIFIED IN THE PROCEDURE ESTABLISHED BY THE LEGISLATION OF THE RUSSIAN FEDERATION ON ENSURING THE UNITY OF MEASUREMENTS SHOULD BE USED II, RESEARCH (TEST) METHODS AND MEASUREMENT TECHNIQUES (METHODS) AND CORRESPONDING MEASUREMENTS, PASSED VERIFIED AND INTRODUCED TO THE FEDERAL INFORMATION FUND TO ENSURE THE UNITY OF MEASUREMENTS (Part 4, Article 12 of LAW No. 426).

Article 14 of Law No. 426-FZ:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

REGISTRATION OF THE RESULTS OF THE SPECIAL ASSESSMENT OF WORKING CONDITIONS

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

The report includes the following results of the SATS:

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

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

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

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

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

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

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

The material for publication was kindly provided by the editors of the journal
"Occupational Health and Fire Safety".