Conducting a special assessment of working conditions. Special assessment of working conditions (sout): why is it needed and who conducts it. Legal consequences

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

SOUT: timing

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

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

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

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

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

Frequency of holding

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

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

Harmful factors have not been identified

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

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

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

Harmful factors identified and classified

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

Workplace certification

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

Terms of unscheduled SOUT

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

6 months

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

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

12 months

SOUT must be carried out within the specified time if:

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

Timing of activities based on the results of the SOUT

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

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

Shelf life of materials for a special assessment of working conditions

Deadline for compiling a report on the SOUT

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

Shelf life of SOUT materials

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

Validity of SOUT materials

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

A special assessment of working conditions is provided by law for each workplace by the employer (Article 212 of the Labor Code of the Russian Federation). The purpose of the special assessment is to establish and document the risk class and the level of harmfulness of working conditions, taking into account the use of employee protection equipment purchased by the employer. The site survey procedure includes a detailed analysis of individual production sites or a group of homogeneous sites. Their list is agreed upon at the preliminary stage, and the procedure is regulated by the law on special assessment dated December 28, 2013 No. 426-FZ.

Report on the special assessment of working conditions

A special assessment is not needed if the workplaces are organized outside the territory of the employer (this applies to remote and home-based employees). For other categories of personnel, special assessment is mandatory. Only accredited experts and organizations can assess working conditions.

The results of a special assessment of working conditions must be prepared in writing on a unified report form, taking into account the requirements of Art. 15 of Law No. 426-FZ. The template for the report on the results of the special assessment is given in the order of the Ministry of Labor of the Russian Federation dated January 24, 2014 No. 33n.

The report includes the following information:

data on the employer who conducted the special assessment activities;
a list of work objects for which monitoring and analysis was carried out;
discovered factors that have a harmful effect on human health in the course of work, with reference to workplaces;
special assessment cards, which indicate the classes for each surveyed object, characterizing the current working conditions;
texts of protocols that were conducted in the process of research, measurements;
protocols for the examination of protective equipment;
a summary sheet of the results of a special assessment of working conditions;
expert recommendations that the employer can use to improve the labor safety system, and a conclusion.

Protocols for expert research on harmful or dangerous conditions at work are drawn up for each identified factor.

It is the responsibility of the employer to familiarize all employees with the report. The fact that the employee read the document is evidenced by his own signature. 30 calendar days are given to notify hired personnel about the results of the special assessment. Extension of the period is possible only in relation to employees who were on sick leave, on a business trip, vacation, or were absent for other documented reasons.

If no harmful factors have been identified, then the results of a special labor assessment will reflect only information about expert organization and a list of inspected production facilities with an expert opinion.

The report must be signed by members of the special assessment commission. If any of the members of the commission does not agree with the expert conclusions, he has the right to express his dissenting opinion in writing, these reasoned arguments are attached to the report. The results of the special assessment can be changed after appealing them in court.

Application of the results of a special assessment of working conditions

The results of the special assessment within 10 days are transferred by the employer to the Federal information system accounting (Article 18 of Law No. 426-FZ). If the production facilities do not reveal the risks of exposure to factors that adversely affect the well-being or pose a threat to people's lives, the enterprise declares the compliance of the existing working conditions of personnel with regulatory standards.

Practical use of results peer review, for any type of conclusion, possibly from the date on which the report was approved. The result of a special assessment of working conditions is the assignment of a class of working conditions to work objects and places. The results of the special assessment are used, in particular, for:

establishment and payment of an additional tariff insurance premium for employees entitled to early retirement (if such right is a consequence of the influence working conditions labor);
development of a system of additional compensation and social guarantees employees, its reflection in the current local acts regulating labor relations (increase wages, the introduction of allowances and surcharges, an increase in the duration of vacation, a reduction in the duration of shifts);
provision with legislatively approved norms of special nutrition, means of general and personal protection;
modernization of production to improve working conditions;
informing employees about working conditions at their workplaces, organizing medical examinations;
preparation of statistical reporting on working conditions, etc.

(SOUT - Special Assessment, - ed.) must be carried out at each workplace at least once every five years. The obligation to conduct, as well as finance the event, is completely . Surely you, being the owner of the company or the head of the personnel department, ask yourself the question: “Why do we need this procedure and what can it give our business?” We think that if we disclose to you the ways of using the results of the special assessment, such a question will not arise in the future.

Perceive the special assessment unilaterally as an obligation labor law, not worth it: the procedure has a series of . Let's consider the three most common positions of the employer, which prevent him from applying the results of work on the SOUT correctly.

Position:

"In a certain kingdom,

not in our state

Projecting on SOUT: "My neighbor had a check labor inspectorate, and she walked around me, you can breathe with peace. Moral: even if it was not today, tomorrow, the time will come when you will be in the place of a neighbor. And then you will not escape penalties for failure to conduct and for failure to submit the results of the SOUT in a timely manner. The amount of fines today is considerable: the minimum is 60 thousand rubles, the maximum is 200 thousand rubles, or the suspension of activities for a period of 90 days. The last suspension option, especially for small businesses, is direct evidence of bankruptcy. Read more about the sizes and types of fines. You, by conducting a SAOT, free yourself from bringing to administrative, and in some cases, criminal liability.

It can be called far-sighted approach of marketers who provide their employer with summary tables: in one - what he loses if he does not conduct SOUT, in the other - what are the costs and what are the results. Figures and facts influence business decisions more than the legal phrase - "The employer is obliged."

What if we digitize the benefits of using the results of SOUT:

Thanks to the results of the SOUT, you can get a discount of up to 40% on the insurance rate against accidents and occupational diseases;
Based on the results of the special assessment, it is possible to reduce the rate of the additional insurance premium to the Pension Fund by 2% or stop paying them;
To conduct a special assessment at 10 office workplaces, you will need, for example, 20 thousand rubles, and to pay fines in case of ignoring - from 60 to 80 thousand rubles, plus the same 20 thousand for mandatory conduct on the instructions of the inspector (or maybe more, t .k. organizations conducting SOUT, on such clients are trying to earn twice as much, more). "20" or "120" thousand - you choose.
In the event of an accident that grievous harm or the death of an employee, you will be prosecuted and sentenced to imprisonment from 1 to 3 years. When presenting the results and confirming the compliance of working conditions at the workplace of this employee, the prosecution with official removed in whole or in part.

If you are a supporter of the position:

"Pass and Forget"

Each of us, performing any action, always gets a result. Whether he lived up to our expectations or not, this is the result of our efforts. So with . If we received the documents (and the result is confirmed by their presence), put them on the table and forgot forever - this is a waste of time and money. And if, for example, our every day began and ended the same way: a cup of strong coffee, fresh press, fulfillment of tedious obligations at work, night, street, lamp and sleep. How long would you last at this pace? For a minute, let's rephrase the question a little differently: "How long would it take you to lose interest in life?".

Secret successful companies lies in the fact that each of their actions is purposeful, has a logical meaning, ends with the achievement of the goal. They will never do anything that they might not need to do. If we trace the statistics of the SAUT, almost all successful large enterprises Responsibly and always approach on time. Because they know that, for example, they will be able to apply the results to receive discounts to the insurance rate in the FSS, they will be able to reimburse at least 20% of the costs associated with the procedure, they will be able to justify the cancellation of compensations, benefits or their assignment to the employee.

By the way, about compensations.. If, after the modernization of the production environment, the results of the SOUT confirm that there is no more hazard in the workplace - an additional 7 days for vacation, a salary bonus to employees can no longer be provided. The reaction of the latter may be negative, more likely they will even complain, but alas, open the folder with the results as confirmation and all questions will disappear by themselves.

Common position:

"My money is your job"

This is about the indifference of the employer to the organization and conduct of the SOUT. Today, the work is built as follows: you choose, she worships the golden calf, that is, you, and you adhere to the position of the observer. They bring the finished result of the work as proof of expenses. Do you seem satisfied?

The wrong approach, because, first of all, you should not be indifferent to what happens at arm's length from you. The participation that was required from you, the opinion that you could voice in the process of work, knowing like no one else your business, the working conditions of employees were not reflected in the results, and, accordingly, recommendations for improving the field of labor protection to you or were not offered at all or offered like thousands of other such companies that were not adapted to the activity. “Well, so what?” You ask. We will put at the forefront the interaction with suppliers, consumers of your product, service, etc.

Today it is no secret to anyone that investment attractiveness is largely based on taking into account the interests of our potential customer. If we need, for example, cooperation with Gazprom, we implement its own standards in our country, fulfill the requirements so that it is satisfied with us. If we want to enter the international market with our products, we, at least, must be implemented, which is evidence of the proper and clear organization of processes in activities. For our partner, consumer, this is an indicator of reliability and conscientiousness. In many questionnaires on cooperation not only with Russians, but also with foreign companies(required in order to determine the company's priorities and interest in business relations) has already included a separate clause on labor protection, where special place assigned to the SOUT process. For those companies that have fulfilled these requirements, the chances of successful cooperation increase. Sometimes they need evidence of how you apply the results of the SAW to your business. But the main indicator for them: if the company takes good care of its employees, then it will value us and our interests.

There are, of course, many other opinions of employers regarding the conduct of SOUT: positive and not very. Those that are "not very" may appear in the background. But the fact remains that SOUT is needed and important today.

You can also use the results when appointing and conducting medical examinations, to resolve issues related to the relationship of emerging occupational diseases of employees, and to regulate disagreements with employees. In total, article No. 7 of the Federal Law No. 426-FZ, which regulates the SOUT, provides for 16 goals for which the results of the process can be applied.

From now on, all information about the conduct of the SAUT will be publicly available in a special register. The information resource will be available from January 1, 2016, while the GIT (State Labor Inspectorate, - ed.) is collecting statistics and information in the traditional manner: it accepts documents from the organization for the SOUT on paper within 10 working days from the date of signing the report on the conduct.

Last but not least, traditions. Prior to the adoption of the SOUT, certification of workplaces (AWP, - ed.) was in force in Russia. Those companies that managed to hold it before December 31, 2013 can use

In each organization, employees work in specific conditions. This is an important factor in the process. labor activity because it affects the performance of the staff. Working conditions in the workplace must comply with the law, so they are regularly assessed. Details about this are provided 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 is implemented at the legislative level. According to Art. 56 and 57 of the Labor Code of the Russian Federation labor contract is not issued without specifying the working conditions. They are recorded along with the rest of the information - full name, salary.

In Art. 56 states that the employer must ensure statutory working conditions at the workplace. And according to Art. 57 it is mandatory to highlight in the agreement, harmful factors that may be in production. Separately negotiated due compensation and guarantees.

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:

The labor force used.
means of production.
source materials.

Once the fixed asset is identified, the type of process can be determined. Suppose we know that the main machine is a metallurgical plant. Then it will be clear that there is activity with metal, ore. The labor force will be metallurgists and steelworkers. From this it is possible to determine the safety requirements and possible types of occupational diseases of employees.

Work environment

This concept refers to the space where the employee performs work. The environment includes buildings, means of production, transport used. This concept includes psychological and environmental conditions. They have an impact on staff.

Labor intensity

This concept implies the intensity of the work process. It implies a psychological side. Intensity is related to productivity. In an unorganized place, tension is high and productivity is low. This is a negative point. Employees get tired quickly, and the results of the activity 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):

Optimal. With them, there is no or very low negative impact on employees.
Permissible. Probably some negative impact, but within the established norms.
Harmful. In this case, there is an excess of the influence of negative factors on the body. The occurrence of occupational diseases is likely.
Dangerous. Workers are affected by negative factors of production. There is a high risk of occupational diseases.

Determining the class of working conditions at the workplace is necessary to determine the level of harmfulness of the activity. Every job is different. It is important to consider them before applying for a job. Harmful working conditions in working time negatively affect the well-being and health of a person. Therefore, at each 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, at work? 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:

Lighting: the norm is 1-2 thousand lumens.
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 an average - 18-23 degrees.
Noise. The norm is 65 decibels and a frequency of 75,000 Hertz. The noise level will be high if it exceeds 88 decibels.
Vibration. Such influences 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 high concentration dust, poisonous components.

Certification

The employer is responsible for the certification of working conditions. A special institution is involved in this event. A special commission is being created, including the employer, labor protection specialist, members of trade unions. 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 jobs are similar to each other, then you can check one similar place. Certification of workplaces according to working conditions can be planned and unscheduled.

The planned activity is carried out every 5 years. Certification of workers on working conditions allows you to make work more efficient if after the event all the comments of the expert 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 the event of an accident, perform unscheduled inspection. In conclusion, an assessment of the working conditions of workplaces is prescribed.

What is written in the contract?

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

With grades 3 and 4, it is fixed that the conditions are unhealthy. The contract indicates the class, subclass, factors that led to the deterioration of the situation. For example, hazardous conditions have arisen due to high noise levels and low temperatures.

Valuation Law

Federal Law No. 426 is considered the main document for assessing conditions. 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 affect the activities of the organization in various ways, as well as the development and improvement of personnel policy.

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

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

The assessment can reveal objective weaknesses in the field of personnel safety, the elimination of which increases productivity and has a positive effect on the business as a whole. It is only necessary to follow the instructions of the specialists provided as a result of the event.

Assessment steps

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

Contacting specialized company which is licensed to carry out such activities.
This firm's identification of the factors of production. workplace hazards.
Preparation of an inspection report.

The list of criteria that must be met by firms performing the assessment are established by Ch. 3 Federal Law No. 426. In practice, such an institution is easier to find using 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 difficult, and besides, there are harmful factors, the institution should encourage employees. Usually the staff is motivated by material rewards. 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 salary supplements. The amounts of the allowance are established by art. 147 of the Labor Code of the Russian Federation. Its minimum is 4% of salary.

Deteriorating conditions

If an employee has noticed negative changes, and the employer ignores the comments, then it is necessary to contact the trade union to carry out new attestation. Failure to do so may result in heavy fines.

If the changes are domestic, for example, faulty lighting, then you need to inform the occupational safety specialist. In this case, it is important to repair, eliminate the defect without loss of quality. Removing the defect will improve the situation.

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

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

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

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

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

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

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

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

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

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

What do we have today?

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

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

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

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

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

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

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

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

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

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

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

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

Preparing for a special assessment

In order to organize and conduct the SOUT, the employer forms a commission for conducting a special assessment, the number of members of which must be odd. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any).

The chairman of the commission is the employer or his representative. If someone other than the director is appointed chairman of the commission, then do not forget that it is he who will have to sign and stamp all documents, and he must have the appropriate authority.

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

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

A bit of history.

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

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

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

Tasks of the commission for a special assessment of working conditions

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

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

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

Similar jobs- Those who:

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

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

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

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

Example 1

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

Example 2

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

Example 3

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

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

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

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

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

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

Workplace and work areas

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

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

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

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

Example 4

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

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

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

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

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

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

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

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

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

The employee has the right:

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

The employee is obliged:

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

Stages of a special assessment of working conditions:

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

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

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

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

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

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

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

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

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

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

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

Subject to research (measurement):

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

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

Classification of working conditions

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

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

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

Subclass 3.1:

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

Subclass 3.2:

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

Subclass 3.3:

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

Subclass 3.4:

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

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

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

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

However, due to the incredible normativity and complexity this technique to date, it has never been applied in practice.

Declaration of compliance of working conditions with state regulatory requirements

Declaration is carried out by the commission of the employer.

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

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

The declaration is submitted to the State Labor Inspectorate.

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

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

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

Amended Declaration

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

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

Completion of work on a special assessment of working conditions

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

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

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

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

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

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

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

7) summary sheet;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Right to early retirement

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

The possibility of establishing increased or additional compensation

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

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

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

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

Increased premium rates

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



Permissible (2)
Optimal (1)

Features of conducting a special assessment of working conditions

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

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

This list includes the following jobs:

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