Certification of workplaces of various companies and LLC. Federal law on attestation of workplaces Who conducts the assessment of workplaces

12.02.2023

Places on working conditions, taking into account the innovations adopted in 2015, received some major changes. The employer must familiarize himself with all the provisions that are mandatory for a special assessment of jobs.

This is how the set of measures began to be called, which sums up the analysis of the working conditions of the personnel.

New in the certification of workplaces for working conditions in 2020

The purpose of the current procedure is to evaluate the existing ones.

You can deal with the innovations that relate to the conduct of a comprehensive analysis after reading Federal Law No. 426-ФЗ “On a Special Assessment of Working Conditions”.

The main changes concern:

Change methods. It requires a clear definition of performers and rules for assessing biological factors.
Administrative responsibility for untimely implementation of the procedure.

During 2015, at the legislative level, the issue of canceling a set of assessment activities for certain categories of small and medium-sized businesses was resolved. This provision did not find support from legislators, and in 2020 it will need to be carried out.

The exception will be companies that have operating results after holding the company until 2014.

By whom and when is certification carried out

A special commission is being created to conduct a comprehensive analysis of places of work.

The composition is formed from the following category of specialists:

Specialist of the enterprise engaged in the field of labor protection.
Representative of the employer, competent in topical issues of production.
Representatives of the trade union organization of the enterprise.
An authorized person of the certifying organization.

The involvement of a representative of the certifying company is a mandatory norm. Even if hazards and hazards that can be recorded on your own are identified, the results cannot be recognized as legal.

The attesting company undergoes mandatory accreditation, which confirms the possession of methods for performing the procedure in the prescribed manner.

Evaluation of workplaces has not changed and is 5 years. The previous companies are dated 2009 and 2014.

However, when creating new jobs, the law sets a period of 60 working days from the date of commencement of operation until the moment of a special analysis of this place.

In the event of improvements in working conditions at the workplace, the employer may conduct an extraordinary company to assess the place of work. According to the modified procedure, even if there are recognized results of the workplace assessment, if there is labor, a second procedure will be required.

Find out what a special assessment of working conditions is from the video.

The procedure for certification of workplaces in 2020, paperwork

To carry out control actions as part of a comprehensive assessment of jobs, it will be necessary to carry out some organizational measures:

Create a commission for certification.
The document defines the composition of the governing board.
Schedule of the event.
Deadlines for the implementation of actions are set on the basis of a separate document signed by the head.
Agreement with the certification organization.
When concluding a contract, the main rule determines the independence of the employer and the invited organization.

A comprehensive examination of the place of work provides for an objective assessment of the state of working conditions. The employer provides all the primary documentation, provides unhindered access to each production site.

The established procedure for certification provides for successive stages of the procedure:

Jobs subject to a comprehensive assessment are determined, including on the basis of List No. 1 and List No. 2.
Active dangerous or harmful factors are highlighted.
Their quantitative or qualitative assessment, assessment of compliance with established standards is carried out.
The analysis of auxiliary factors is carried out - the provision of overalls and protective equipment for workers.
A final document is drawn up, which allows you to draw a conclusion about the working conditions, and, if necessary, determine the types of compensation or benefits.

The results of a comprehensive assessment for individual places are determined on the basis of the final document, which takes into account:

- initial documents for the start of a set of activities;
- list of jobs for research;

objective information about the certifying organization;
comprehensive assessment card for each workplace;
consolidated documents for all workplaces, including a table by hazard classes, assigned types of compensation;
the final document of the meeting of the attestation commission, indicating the comments and suggestions on the results of the completed work;
an approved action plan to improve working conditions for individual workplaces;
conclusion based on the state expertise of the comprehensive assessment.

The results of the activities carried out are obligatory for the tenant to fulfill any form of ownership in a timely manner.

Penalties for not being certified

Amendments to the Administrative Code provide for two types of liability for non-compliance with the established Law on a comprehensive assessment of working conditions.

Untimely scheduled (or extraordinary) certification is punished, which provides for a fine of up to 30 thousand rubles, or the suspension of the company's activities for a period of 1 to 3 months.

In addition, punishment is provided for incorrectly conducted certification, where an official will be punished in the amount of 5 to 10 thousand rubles, and a legal entity - up to 80 thousand.

Responsibility for the maintenance of workplaces in an unsatisfactory condition is provided. An official is fined from 20 to 30 minimum wages, and for a legal entity from 200 to 300 equivalent amounts.

It is in the interests of the employer to ensure the fulfillment of the established normative parameters for each harmful factor, with the exception of those places that are included in the mentioned Lists No. 1 and No. 2.

When determining measures for a qualitative change in working conditions, they are also implemented to work in full. After all, punishment for evading the implementation of measures can even lead to the suspension of activities for up to 3 years if they are re-fixed.

Who can not pass the certification of the workplace

There are few cases when a complex procedure for a comprehensive analysis of working conditions is not required. This mainly applies to small businesses.

In the case of employment in the work of only one person, when a contract of employment is not drawn up. Accordingly, there is no need to assess the workplace either.

However, when renting an office where there is at least one workplace, certification will be required.

When working in a company of remote workers, there is also no need to analyze their workplace. Here the number of employees does not play a role.

You can save a little on the performance of certification if there are several similar places with the same type of working conditions.

It is not necessary to inspect every workplace.

It is only important to take into account two limitations:

the analysis is carried out for 20% of the available such places of work;
the number of places for a comprehensive assessment cannot be less than two.

In order to prevent violations in determining the scope of work, you need to confirm their number in accordance with the staffing table for the enterprise.

Compliance with the established procedure and deadlines for conducting a comprehensive analysis of jobs will make it possible to establish legal types of compensation and benefits for all categories of workers, and develop measures to improve working conditions.

Payment of administrative punishment for untimely implementation of a set of measures often has a larger amount than the funds needed to improve working conditions.

You can learn more about the special assessment of working conditions from the video.

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Until December 31, 2013, the assessment of working conditions was carried out in the course of attestation. Since January 1, 2014, instead of certification, enterprises have been conducting a special assessment of working conditions (SAUT). What is this procedure, who and how should carry it out, will tell the article Business.ru.

What does the law say about the special assessment of jobs

The implementation of the SATS is regulated by the provisions of the Labor Code and the Federal Law of December 28, 2013. No. 426-FZ (hereinafter - Law No. 426). Legislation defines the legal and organizational grounds and rules for conducting assessment activities, as well as the rights and obligations of the parties participating in the procedure. The results of certification conducted before 2014 are valid for the next five years.

Important! From January 1, 2019, the results obtained from the results of workplace certification are canceled. The class of working conditions must be confirmed only by the results of the SOUT

There are two SOUT members. The first is the employer, the second is a specialized organization that provides services for the procedure. This company must have a confirmed accreditation for such research. The relationship between the participants is regulated by a civil law contract.

Certification of workplaces or a special assessment of working conditions have one purpose. In the course of the SATS, special studies and measurements are carried out, harmful factors are identified that may adversely affect the health of the employee. Specialists determine the parameters of these factors and the degree of their influence. Then, for each workplace, a hazard class is established, taking into account the deviation from the standard values.

A special assessment of jobs is carried out at all enterprises on a regular basis, no later than five years after the previous audit. This also applies to medium and small businesses. It does not matter whether the production facilities are leased or owned by the organization. The employer is obliged to evaluate the working conditions, even when the traveling nature of the work is established for its employees or their workplaces are actually located on the territory of the customer. For workplaces where working conditions are recognized as similar, a single assessment certificate can be issued.

To the question of which jobs are subject to a special assessment of working conditions, the legislation gives an unambiguous answer - all. The check is not carried out if

the employee works remotely;
the employer is a natural person - not an individual entrepreneur;
the job is currently vacant. In this case, the assessment of working conditions is carried out after the employee is accepted to this place.

One of the ways to save on special assessments is to register employees as remote employees. The law does not require evaluating the jobs of remote workers (Article 3 of Law No. 426-FZ). With outsourcing, you can optimize the cost of operating entire departments. For example, accounting, personnel services. In this case, the special assessment of the jobs of such employees is the task of the company that provides. How much does outsourcing cost?

Read about other ways to save

When the technologies used are changed or a new workplace is put into operation, its special assessment must be carried out within a year. The test period is limited to six months, if:

regulatory authorities have identified violations of labor legislation, labor protection requirements or the implementation of the SAUT;
the means of protection used by employees, materials or raw materials that can change the level of influence of harmful factors have changed;
an accident has been recorded in the organization or an occupational disease has been identified.

Responsibility of the employer for failure to carry out the SOUT

Failure to comply with the rules for conducting or refusing to conduct the SOUT entails an administrative penalty under Art. 5.27.1 of the Code of Administrative Offenses and is punishable by fines:

for officials from 5 to 10 thousand rubles;
for enterprises from 60 to 80 thousand rubles.

In the event of a repeated violation, the company may be issued a fine in the amount of 100 to 200 thousand rubles or its activities may be stopped for up to 90 days. For the management of the organization, a repeated violation is fraught with a fine of 30 to 40 thousand rubles or disqualification for a period of one to three years.

Why is a Job Evaluation Conducted?

Any workplace, regardless of location - in the office or "hot" workshop - is characterized by its unique working conditions. These conditions may vary even at the same workplaces if they are located in different office or industrial premises. The working conditions and the degree of their safety are influenced by the sanitary and hygienic characteristics of the environment and the characteristics of production, as well as the extent to which a particular employer is able to provide labor protection.

Based on the results of instrumental, quantitative and qualitative examinations in the course of the SUT, a class and a subclass of working conditions are determined for each workplace. In accordance with the class, working conditions are recognized:

I. optimal;

II. admissible;

III. harmful;

IV. dangerous.

Employees whose working conditions are class III or IV can count on additional guarantees and benefits. Based on the results of a special assessment of jobs, the employer:

develops measures to bring working conditions to standards that meet safety requirements;
provides employees with individual and collective protective equipment and overalls;
monitors the conditions in which employees work, controls how harmful factors affect their health;
timely informs employees about the potential danger of working conditions at their workplaces and how to minimize the impact of harmful factors;
determines the rates of additional tariffs at which insurance premiums are charged to the Pension Fund of the Russian Federation for "harmful";
provides those employees whose working conditions are recognized as harmful and dangerous, additional payments, benefits and additional guarantees;
conducts preliminary and scheduled medical examinations of employees;
maintains statistics and investigates incidents related to industrial injuries and occupational diseases, etc.

Why conducting a special assessment of jobs is beneficial for the employer

Despite the high cost of measures to determine the hazard classes at the workplace, the costs of SUT can be compensated. First of all, by reducing the rates of insurance premiums and reducing the financial losses that are inevitable in case of refusal to conduct a special assessment.

An employer can submit a request for compensation for the money spent on a special assessment of labor. Compensation is made at the expense of the Social Insurance Fund, which will reimburse up to 20% of the amount of insurance premiums transferred to the FSS for the past year. The employer will be reimbursed not in the form of real money, but in the form of benefits for insurance payments in the current year. You can submit a request for compensation on your own or by contacting service specialists who will help prepare the necessary documents and take care of communication with government agencies.

These losses are not limited to punitive damages. According to the Labor Code of the Russian Federation, citizens whose working conditions have a harmful and dangerous effect on their health are paid compensation and additional guarantees are provided at the expense of the employer. That is, the employer is directly interested in improving labor safety at the enterprise, thereby reducing the risk of occupational diseases, the amount of compensation for harm and the amount of insurance payments.

In the absence of the results of a special assessment of working conditions and attestation of workplaces, compensations for "harmful people" are assigned according to the "List of industries, workshops, professions and positions with harmful working conditions", approved back in 1974 by the USSR State Committee for Labor. Those workers whose profession appeared in this document automatically received the right to additional payments, reduced working hours and additional leave. After the Government of the Russian Federation adopted Decree No. 870 dated November 20, 2008, these benefits are provided after the fact - based on the results of an assessment of working conditions and certification of workplaces.

Today, for many professions and positions listed in the List, the degree of exposure to harmful factors has decreased. This happened due to the modernization of workplaces, the use of new, safer technologies, equipment, and special protective equipment. By the results of a special assessment of working conditions and certification of workplaces, the employer can confirm the fact of reducing the harmful effects of working conditions. This gives him the opportunity to legally reduce the compensation paid to workers and the benefits provided.

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Certification of workplaces of various companies and LLCs

Until 31.12. 2013

The company "United Consulting Holding" offers certification of places for working conditions at a low cost. Our company is ready to carry out certification on your request, the price is affordable, all the details can be found on the phone number listed on the website. Since January 1, 2014, certification has been replaced by a Special Assessment of Working Conditions. (From January 1, 2014, the federal law dated December 28, 2013 No. 426-FZ “On a special assessment of working conditions” came into force) Our company has a professional level of holding such events, and the price for the services provided is lower than in similar companies.

The purpose of this procedure is a professional assessment of the working conditions of each employee of various companies and LLCs, as well as the identification and elimination of possible factors that pose a danger to the health and life of an employee.

All the rules and procedures for conducting legal attestation of places of work, on legal terms for an LLC, were introduced into the legislation of the Russian Federation. Certification of places of working conditions has the right to conduct only the employer. Carrying out certification of working conditions in order to identify various harmful factors that are present in the workspace of all employees of an LLC is a mandatory check at each enterprise (LLC).

During the implementation of these measures for the LLC, certain rules and procedures for attesting places for each employee will be established. If necessary, employees are provided with protective equipment and accessories. Conducting a scheduled assessment will allow you to accurately determine which employees should undergo a medical examination. You can also determine who falls under the category of benefits and additional compensation.

The commission, which will carry out all activities, includes the head of the enterprise, specialists from the trade union and labor protection. Employees of the enterprise are obliged to familiarize themselves with all the results that the commission receives.

The employer, instead of himself, can entrust the management of the commission to a lawyer, a specialist in working conditions and personnel.

Organizations conducting attestation for an LLC should have nothing to do with the employer. This firm is a legal entity that is accredited in the Register of the Russian Federation for Moscow and all of Russia and has all the powers for this procedure. Contact a reliable organization that conducts certification of workplaces. To determine the cost of a workplace in the company "EKX" and find out the price - call the phone number indicated on the website. Our experts will tell you about the procedure and price of certification and what prices for individual services. Our reasonable prices and quality of services are unbeatable. The difference between the prices of our company and similar ones has already been appreciated by many of our customers.

Step-by-step stages of certification of each place of work for LLC in Moscow and in other cities of the Russian Federation (specify the price for the provision of the service by phone)

creating an order with which employees should be familiarized;
creation of a commission and appointment of the head of this commission;
determining the timing and procedure for verification;
creation and signing of the relevant document;
departure of specialists to the place of inspection;
processing and receiving all results;
creation of a protocol in the prescribed manner;
creation of planned works to improve working conditions in LLC;
creation of reports on the work carried out.

Before the employer decides to order a service from a third-party company that conducts attestations for an LLC, he has every right to demand from them such documents as

confirmation that the LLC has the right to conduct a quality certification of working conditions (in compliance with the rules and not exceeding the prices for the provision of services);
a document that confirms that the company is accredited in the Register of the Russian Federation for Moscow and other regions of Russia, has the right to conduct such checks.

Employer Responsibilities for Inspection:

Conducting a labor test implies that the employer is obliged to help and assist the certifying party in everything. Provide all necessary documentation. If necessary, request the necessary documentation and information from third parties. It is forbidden for the employer to hide documents or information, to take actions that will lead to a decrease in questions on the AWP and must be checked as carefully as possible.

Tasks to be performed by the attesting party

choose the necessary method for assessing working conditions
at the time of conducting, accurately determine the number of employees who need a special assessment of working conditions
carefully study all the necessary documentation
if necessary, ask the employer for all the necessary information

The certification of workplaces and conditions is carried out in accordance with the necessary requirements and state regulations.

Certification for the workplace - a list of conditions

determination of the level of labor injury hazard
determination of compliance with hygiene indicators
availability of personal protection
general assessment of certification of workplaces in terms of working conditions of employees

An inspection at an enterprise or LLC with hazardous working conditions is carried out at 20% of workplaces, the minimum number of such places is 2. If non-compliance with the standards is found at one workplace, the inspection must be carried out at other workplaces. After carrying out the legal attestation of workplaces, an updated list of working spaces is obtained. For similar jobs, one AWP card is filled out. All activities that are necessary to improve working conditions are common to all similar jobs.

Checking on the workspace, which changes its territorial location, is carried out by analyzing standard technological operations. In this case, the timing of the inspection, in which the audit will be carried out, is indicated in the regulations. All features and details of the workstation must be regulated by the employer's regulations and comply with the rules for the implementation of the workstation. Our company will provide you with services at the highest level, the price is democratic, and the level of inspection is professional. The price for services depends on the form of the enterprise and the number of jobs.

You can also get acquainted with our other services and materials on them.

From January 1, 2014, employers are required to conduct a special assessment of working conditions (Federal Law of December 28, 2013 No. 426-FZ ""; hereinafter - Law No. 426-FZ). This procedure was introduced instead of workplace certification and largely repeats it.

On December 31, 2018, the period ended when employers could gradually conduct a special assessment of working conditions in relation to workplaces where potentially harmful and (or) hazardous production factors are identified. We are talking about the so-called safe, "unlisted" jobs, that is, not listed in. In fact, jobs belong to this category. In addition, only until this date could the results of the previously conducted certification of workplaces be valid (letter of the Ministry of Labor of Russia dated June 1, 2018 No. 15-4 / 10 / B-4010 "").

Thus, the period during which it was necessary to make the SOUT has already expired for employers. From January 1, those who have not fulfilled this obligation may be held liable for. We note at the same time that liability for this part does not depend on the number of employees whose labor rights were violated ().

Can a special assessment of working conditions at a vacant workplace be carried out? Find out the answer in "Encyclopedias of solutions. Labor relations, personnel" Internet version of the GARANT system. Get free access for 3 days!

Nevertheless, firstly, those who are late should carry out a special assessment as soon as possible - in particular, the Ministry of Labor of Russia should implement a mechanism for preventing violations in relation to small businesses and individual entrepreneurs, under which the employer will first be sent a warning about the inadmissibility of violating labor protection requirements, and only in case of non-compliance - will be fined.

In addition, a special assessment can be carried out for the first time by those who have just created new jobs. It takes a year from the moment of their formation. That is, if the workplace was created in December 2018, then the completion date for the SOUT is December 2019.

For both categories of employers, our instructions will be very useful. During the special assessment, they need to take into account a number of features in order to avoid administrative liability for violating the established procedure for conducting a special assessment for the same.

Let's consider the procedure for this procedure in more detail.

Step 1. Issue an order to form a commission for a special assessment of working conditions

Having decided to conduct a special assessment of working conditions, the head of the organization must issue an appropriate order, defining in it the composition of the commission for conducting such a special assessment, including the head, as well as the procedure for its activities. At the same time, the number of members of the commission must be odd, and a labor protection specialist () must be included in its composition. The head of the commission, as a rule, is the general director ().

Step 2. Approve the list of jobs for a special assessment

The list of jobs for which a special assessment should be carried out, including similar ones, is determined by the commission created by the employer ().

A special assessment in the presence of similar jobs is carried out only in relation to 20% of their total number, but in any case there should be more than two (). The results of the special assessment are applied to all similar jobs.

OUR REFERENCE

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

Step 3. Issue an order approving the schedule for a special assessment of working conditions

Simultaneously with determining the list of jobs for which a special assessment of working conditions should be carried out, the commission draws up a schedule for the special assessment. It must be approved by the relevant order of the head of the organization.

When drawing up this schedule, consider the following.

As a general rule, a special assessment is carried out for each workplace, including office space, at least once every five years ().

If the employer did not previously conduct a special assessment of working conditions, it had to be carried out no later than December 31, 2018 (). At the same time, the law allowed this to be done in stages.

Exceptions are jobs:

those employees whose profession, position or specialty gives them;
work on which gives the right to guarantees and compensation for work;
where, based on the results of previous certification of workplaces for working conditions or a special assessment of working conditions, harmful and / or dangerous working conditions were established ().

A special assessment of these jobs had to be carried out as a matter of priority, without division into stages (). For failure to fulfill this obligation, the employer faces administrative liability, including a fine of up to 10 thousand rubles - for officials and individual entrepreneurs, up to 80 thousand rubles. - for legal entities ().

If, before December 31, 2013, the employer carried out certification of workplaces in terms of working conditions, a special assessment in relation to these workplaces can not be carried out for five years from the date of completion of the certification ().

In addition, in addition to the planned special assessment of jobs, the employer is obliged to conduct an unscheduled one - for example, when commissioning newly organized jobs, changing the technological process, receiving an appropriate order from the GIT, etc. (). The period during which an unscheduled special assessment of working conditions must be carried out is from 6 to 12 months, depending on the basis for its conduct ().

Step 4. Conclude an agreement with a specialized organization for a special assessment of working conditions

In order to conduct a special assessment of working conditions, the employer must conclude an appropriate agreement with the selected specialized organization (,). The register of accredited organizations can be found on the website of the Russian Ministry of Labor (http://akot.rosmintrud.ru/).

Step 5. Transfer the necessary information, documents and information to the organization conducting a special assessment of working conditions

As soon as an agreement with a specialized organization is concluded, the employer is obliged to provide it with information, documents and information characterizing the working conditions at the workplace (for example, technological documentation, building construction projects, etc.).

Step 6. Approve the results of identification of potentially harmful and / or hazardous production factors

When conducting a special assessment of working conditions, a specialized organization identifies potentially harmful and / or dangerous production factors. The results of this identification, upon its completion, are approved by the commission created by the employer ().

Then the organization proceeds to measure the actual values of harmful and / or dangerous factors, if any have been identified (). According to the results of the study, an expert of a specialized organization classifies working conditions in the workplace according to the degree of harmfulness and / or danger into optimal, permissible, harmful and dangerous ( , ).

Step 7. Approve the report on the special assessment of working conditions

Based on the results of the special assessment, the organization draws up a report, which must be signed by all members of the commission created by the employer and approved by its chairman (). A member of the commission who does not agree with the results of a special assessment of working conditions may state his reasoned opinion in writing and attach it to the report.

Step 8. Notify the specialized organization about the approval of the report on the special assessment of working conditions

Within three working days from the date of approval of the report on the special assessment of working conditions, the employer is obliged to notify the specialized organization about this, and also send a copy of the approved report (). This can be done in any available way that provides an opportunity to confirm the fact of such notification.

Step 9. Submit a declaration of compliance of working conditions with state regulatory requirements for labor protection

If the presence of harmful and / or dangerous production factors, according to the results of identification, was not revealed, or if, according to the results of measurements, the working conditions at the workplace are recognized as optimal or acceptable, the employer must notify the labor inspectorate at the location of the organization (). To do this, it is necessary that working conditions comply with state regulatory requirements for labor protection (approved). The employer must submit this declaration within 30 working days from the date of approval of the report on the special assessment (approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).

It should be noted that before May 1, 2016, the employer indicated in the declaration only information about the absence of harmful and / or dangerous production factors. In this regard, if, according to the results of measurements carried out before May 1, 2016, the working conditions in relation to other jobs were found to be optimal or acceptable, the employer must submit an updated declaration to the labor inspectorate with the inclusion of these jobs ().

Step 10. Familiarize employees with the report on the special assessment of working conditions

No later than 30 calendar days from the date of approval of the report on the special assessment, the employer must, against signature, familiarize the employees with the results of the special assessment (). The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.

Step 11. Place the results of the special assessment on the organization's website

Within 30 calendar days after the approval of the report on the special assessment of working conditions, the employer should post summary data on the results of the special assessment on its official website - if available ().

The information posted on the website must contain information about:

on the establishment of classes (subclasses) of working conditions at workplaces;
on the list of measures to improve the working conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out.

To do this, you need to reflect the relevant data in (approved by order of the FSS of Russia dated September 26, 2016 No. 381).

Step 13. Apply the results of a special assessment of working conditions

The results of the conducted special assessment affect the establishment of guarantees and compensations to employees. Thus, employees whose working conditions at their workplaces are recognized as harmful, depending on the degree of harmfulness, are entitled to a reduced working week of no more than 36 hours, additional leave of at least seven calendar days and / or compensation in the amount of 4% of the salary (,).

In addition, a clause on working conditions at the relevant workplace must be included in the employment contract with new employees (). And contracts with already working employees should be amended by concluding an appropriate additional agreement with them ().

Special assessment of labor- this is a single set of consistently implemented measures to identify harmful and (or) dangerous production factors and assess the level of their impact on the employee. According to the results of a special assessment of labor, classes and subclasses of working conditions at workplaces are established.

How to conduct a special assessment of working conditions

The procedure for the new procedure for assessing working conditions is prescribed in the Law of December 28, 2013. The methodology for conducting a special assessment of working conditions was approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

Along with this, the results of the certification of workplaces, carried out according to the rules established by the order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n, are still valid. In general, the results of certification conducted before January 1, 2014 are valid for five years from the date of completion of this certification (with the exception of cases when a special assessment of the working conditions of workers needs to be carried out unscheduled).

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How to save on a special assessment of working conditions, how to get a REFUND in the FSS
Companies can not every five years
After a special assessment, the company submits to the labor inspectorate. Previously, only places without harmful factors were included in the declaration. Now companies declare jobs with optimal or acceptable working conditions.
The law applies to relations from January 1, 2014. That is, companies have the right to clarify the previously submitted declaration. To do this, fill out a new form, taking into account the changes, and write in the header that this is an updated report.
Declared places can not be re-evaluated. The company will submit a new report, which will be valid for another five years. The benefit is valid on the condition that there will be no accidents and occupational diseases. Otherwise, a new estimate is needed.
Change of full name of the employee, name of the workplace, reorganization of the legal entity

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Special assessment of working conditions

Special assessment of working conditions is a single set of measures to identify harmful and dangerous factors in the working environment and assess the level of their impact on the employee, taking into account the deviation of actual values from the established standards (clause 1, article 3 of the Law of December 28, 2013 No. 426-FZ).

Based on the results of a special assessment, classes and subclasses of working conditions at the workplaces of employees are established (clause 2, article 3 of the Law of December 28, 2013 No. 426-FZ).

According to paragraph 3 of Article 3 of the Law of December 28, 2013, a special assessment of working conditions not carried out in a relationship:

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

The procedure for conducting a special assessment of working conditions is regulated by the Law of December 28, 2013 No. 426-FZ. Conducting a special assessment in relation to the working conditions of state civil servants and municipal employees may additionally be regulated by federal and regional laws, other regulatory legal acts (clause 4, article 3 of the Law of December 28, 2013 No. 426-FZ).

Even if employees constantly work on the territory of the customer, and not on the territory of the enterprise, organization, it is still necessary to conduct a labor assessment, because this category of employees is not named in the list of employees for whom a special assessment of working conditions is not required. And the list is closed. Therefore, it is necessary to carry out such an assessment, and any employer must do this, without exception (clause 2, article 8 of the Law of December 28, 2013 No. 426-FZ). Otherwise, without conducting a special assessment of labor in relation to such employees, the organization will violate the requirements of labor legislation. This may result in administrative liability.

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Who and when is obliged to conduct a special assessment of working conditions

A special assessment of the working conditions of workers is required to be carried out by all employers, as well as those who have hired employees.

Entrepreneurs without employees are not employers, so they do not need to conduct a special assessment. But as soon as at least one employee appears in the state, the entrepreneur will have to organize a special assessment of the newly created workplace.

Individuals without individual entrepreneur status who have hired employees do not conduct a special assessment.

Note: Article 3 of Law No. 426-FZ.

in the absence during the period of its validity of the circumstances specified in paragraph 5 of this article, the validity of this declaration is considered extended for the next five years.

For 5 years there were no accidents and occupational diseases

Companies can evaluate jobs once with optimal and acceptable working conditions, and not every five years. Further, it is enough to include such places in the declaration of conformity. These and other amendments were introduced by Federal Law No. 136-FZ of May 1, 2016, which has been in force since May 1, 2016.

How to extend the validity of the SOUT declaration: clarifications from the Ministry of Labor

In the absence of accidents at work and identified occupational diseases, the validity of the SOUT declaration is extended for another five years. Should the employer submit to the labor inspectorate any documents that confirm the deadline for the extension of the declaration and the date of the next special assessment of working conditions? The Ministry of Labor answered this question in a letter dated 08/30/19 No. 15-1 / OOG-1968.

If during the period of validity of the declaration there were no accidents or no occupational diseases were detected, then its validity period is automatically extended for five years. The deadline for conducting a special assessment of working conditions at declared workplaces is also postponed for five years. It is not required to document the terms of the extension of the declaration and the next scheduled special assessment of working conditions.

The new company did not conduct a special assessment

Special assessment needs to be done within six months from the date of commissioning of new jobs. This procedure follows from the provisions of Article 17 of the Law of December 28, 2013 No. 426-FZ.

Labor inspectors fined the company under article 5.27.1 of the Code of Administrative Offenses of the Russian Federation in the amount of 60,000 rubles. because she did not conduct a special assessment. The Supreme Court overturned the decision on the fine, because the inspectors did not take into account the specifics of the jobs provided for by the company's staffing table.

there are no jobs in the company that need to be assessed as soon as possible. Such jobs are listed in Part 6 of Federal Law No. 426-FZ dated December 28, 2013.
the company has no reason to conduct an unscheduled special assessment. It is carried out in cases established by the Federal Law of December 28, 2013 No. 426-FZ.

The judges indicated that the company has the right to conduct a special assessment of its jobs in stages. The main thing is to complete it before December 31, 2018.

Compensations and benefits are established based on the results of the SAUT (Article 7 of the Federal Law of December 28, 2013 No. 426-FZ “On a Special Assessment of Working Conditions”). However, until a special assessment has been carried out at the workplace, benefits and compensations for work in harmful and dangerous conditions are set at.

That is, in this situation, there can be solutions to the issue, namely:

1 . Can independently assign working conditions to harmful and establish compensation for employees on the basis of a list approved by the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298 / P-22, and include the appropriate conditions in the employment contract. And after a special assessment, the employment contract will need to be amended based on the results of the assessment.

The right to early retirement of an employee depends on 2 conditions:

recognition based on the results of a special assessment of working conditions as harmful;
the fact of payment of insurance premiums by the employer.

This rule applies from 01.01.2013. Accordingly, the issue of including the period of work in the preferential service before the SAUT remains controversial, it is likely that the employee will need to defend his right in court. In this connection, SOUT should be carried out as soon as possible. If you indicate in the employment contracts of employees that their working conditions are harmful, you can include these positions in your "List of privileged professions", while you will need to deduct, as if a special assessment was not carried out.

The right to an early insurance old-age pension arises before reaching the retirement age under certain conditions. Heroine mothers, disabled people, workers and those living in the Far North.

2 . Can specify in the employment contract that the working conditions are acceptable, and not to establish compensation, and after a special assessment, amend the employment contract. However, in this case, this period of work will not be included in the length of service giving the right to early retirement.

At the same time, it should be noted that if working conditions are classified as harmful or dangerous, the employee will have the right to receive appropriate compensation from the moment he is hired for this workplace, and not from the moment the special assessment is completed. Accordingly, if an employee, for example, is entitled to additional leave, he will rely for the entire period from the date of admission to this workplace.

Note: Some authors point out that in the absence of attestation of workplaces and a special assessment, data on working conditions at the workplace do not need to be entered into the employment contract. However, this position is contrary to the provisions, according to which data on working conditions are mandatory for inclusion in any employment contract and no suspensive conditions when making these changes to Art. 57 of the Labor Code of the Russian Federation, the legislator did not introduce. From which it follows that the formal absence of a description of working conditions at the employee's workplace is already a violation of labor legislation, for which the employer can be held accountable.

It is necessary to conduct a special assessment of working conditions in temporary or seasonal jobs

A special assessment of working conditions should be carried out even at temporary (created for a period of less than 12 months) or seasonal jobs. The Ministry of Labor of Russia recalled this, as well as when to conduct an assessment, in a letter dated 08.20.17 No. 15-1 / OOG-2410.

At the workplaces of employees, except for homeworkers and "remote workers", a special assessment is carried out without fail. In this regard, the employer must conduct a special assessment, including at temporary or seasonal jobs. This can be done during the period of production activities at such places.

CONDUCTING A SPECIAL ASSESSMENT OF WORKING CONDITIONS AT TEMPORARY WORKPLACES
We look at clause 15 of the Methodology for conducting a special assessment of working conditions, approved by Order of the Ministry of Labor of Russia dated January 24, 2014 N 33n. According to this norm, all research and measurements within the framework of the SUT should be carried out during the implementation of regular production (technological) processes. This means that a SOUT should be carried out at a temporary or seasonal workplace during the period of production activities on it (Letter of the Ministry of Labor of Russia of 06/07/2017 N 15-1 / OOG-1568).

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An organization that conducts a special assessment. Specialized labor appraiser

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

she must be independent of the employer;
in its statutory documents, a special assessment of working conditions should be prescribed as the main activity;
accredited in the manner prescribed by the order of the Ministry of Health and Social Development of Russia dated April 1, 2010 No. 205n. The list of accredited organizations is published on the official website of the Ministry of Labor of Russia;
the organization should have at least five experts employees 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; doctor for general hygiene, doctor for occupational health, doctor for sanitary and hygienic laboratory research;
In the organisation should be a testing laboratory(center), which is accredited by the national accreditation body of Russia in the manner prescribed by the legislation of the Russian Federation, and the scope of accreditation of which is the conduct of research (testing) and measurement of harmful and (or) hazardous factors of the working environment and the labor process.

The procedure for admission of organizations to activities for conducting a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities for conducting a special assessment of working conditions of workplaces is established by the Government of the Russian Federation.

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Special Evaluation Commission

To organize and conduct a special assessment of working conditions, the employer needs to create a commission. The number of committee members must be odd. The employer also approves the schedule for conducting a special assessment of working conditions. The composition and procedure for the activities of the commission, the employer approves by order. The commission is headed by the employer or his representative.

The commission for conducting a special assessment of working conditions, as a rule, includes:

employer representatives. These can be heads of structural divisions, personnel specialists, medical workers;
labor protection specialist;
representatives of the elected body of the primary trade union organization.

The commission is headed by the employer or his representative (clause 4, article 9 of the Law of December 28, 2013 No. 426-FZ).

How to Form a Special Evaluation Panel for a Solo Entrepreneur or an Organization with a Single Employee Director

If the entrepreneur or organization does not have employees, then it will not be necessary to create a commission at all. When there is at least one employee on the staff, the commission must consist of at least one person.

It is necessary to form a commission only when there is an obligation to conduct a special assessment of working conditions. And this applies to all employers - organizations, entrepreneurs and citizens who have employees. That is, those who work under labor contracts (part 4 of article 20 of the Labor Code).

Therefore, if an entrepreneur works alone and does not have hired staff, then a special assessment is not necessary. The entrepreneur himself is not an employer. Therefore, there is no need to create a commission.

But if an entrepreneur has at least one employee, he is already considered an employer and, therefore, formally there is an obligation to conduct a special assessment. The same applies to an organization that has, for example, one director working on a contract basis. This single employee will be part of the commission that needs to be formed. The minimum number of members of the commission is not established by law, it is only stipulated that there should be odd number. When the director is the only employee, he will head the special assessment commission, since he is the management body of the organization, acting as the employer in labor relations (paragraph 2 of article 8, paragraph 1, 4 of article 9 of the Law of December 28, 2013 No. 426-FZ, part 8 of article 20 of the Labor Code).

Attention: in private explanations, Rostrud specialists allow not to form a commission for conducting a special assessment of working conditions if there is only one employee in the organization. This is logical.
After all, the commission is created precisely so that its members jointly make a decision. And one person makes the decision alone. Therefore, it makes no sense to form a commission. But we note that the law does not directly say this, and there are no official explanations from the department either. To avoid unnecessary disputes with the inspectors, it is still easier to write a "piece of paper" and issue an order for a special assessment, in which the composition of the commission should be described.

If, to perform the functions of the labor protection service, the organization attracts specialists under a civil law contract, then these people will also be part of the commission. And the commission will again be headed by the director - an employee of the organization. This is stated in paragraphs 1, 3 and 4 of Article 9 of the Law of December 28, 2013 No. 426-FZ.

The commission determines the list of jobs and labor assessment criteria for which a special assessment of working conditions will be carried out, indicating similar jobs (clauses 5–7 of article 9 of the Law of December 28, 2013 No. 426-FZ).

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Similar jobs

Workplaces that simultaneously have the following characteristics are recognized as similar:

professions or positions of the same name;
performance of the same professional duties while maintaining the same type of technological process in the same mode of operation;
use of the same type of production equipment, tools, fixtures, materials and raw materials;
work in one or more similar premises;
use of the same type of ventilation, air conditioning, heating and lighting systems;
the same location of objects (production equipment, vehicles, etc.) in the workplace;
equal provision of personal protective equipment.

When similar jobs are identified, it is sufficient to conduct a special assessment of working conditions in relation to 20 percent of the total number of jobs, but not less than two. The results can then be applied to all identified similar jobs.

For similar workplaces, one card of a special assessment of working conditions is filled out and a single list of measures to improve the conditions and labor protection of employees is developed.

If in the course of a special assessment of working conditions at least one workplace is identified that does not correspond to the signs of similarity, from among the workplaces previously recognized as similar, then a special assessment is carried out at all workplaces previously recognized as similar.

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The procedure for conducting a special assessment of working conditions

According to Article 8 of the Law of December 28, 2013 No. 426-FZ, a special assessment of working conditions is carried out in accordance with the Methodology approved by the Ministry of Labor of Russia. Assessment frequency: at least once every five years unless otherwise provided by the legislation of the Russian Federation. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

For some workplaces, a special procedure for conducting a special assessment of working conditions is applied. The list of such jobs was approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290. And the procedure for conducting a special assessment will be approved by the Russian Ministry of Labor during 2014.

The results of the conducted studies (tests, measurements) are documented in protocols for each of the harmful and (or) dangerous production factors that are subjected to such operations.

According to the results of such studies (measurements), the expert classifies the working conditions in the workplace into the appropriate classes (subclasses).

Is it necessary to conduct a special assessment of working conditions if, as of January 1, 2014, certification of workplaces was carried out in the organization? In general, you don't need to. If prior to January 1, 2014, the organization carried out certification of workplaces in terms of working conditions, then, in general, a special assessment of working conditions in relation to such workplaces can not be carried out within five years from the date of completion of this certification. The results of this certification of workplaces can be used for the purposes of a special assessment of working conditions. That is, if a planned certification was carried out in an organization, for example, in 2013, then working conditions will need to be assessed according to the new rules only in 2018. An exception is cases when the employer needs to conduct an unscheduled assessment (clause 1, article 17 of the Law of December 28, 2013 No. 426-FZ).

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Staged special assessment of working conditions, assessment for temporary jobs

For some jobs, the special assessment may be carried out in stages. These are the jobs:

employees whose professions, positions and specialties are not included in the lists, taking into account which an early retirement retirement pension is assigned;
working conditions that are not recognized as harmful or dangerous.

It is necessary to complete a phased special assessment by December 31, 2018 (part 6 of article 27 of the Law of December 28, 2013 No. 426-FZ).

The phased approach involves conducting a special assessment in relation to not all jobs at once, but only a part of them. The list of such jobs is determined by the commission.

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Unscheduled special assessment of working conditions

Article 17 of the Law of December 28, 2013 No. 426-FZ says that an unscheduled special assessment of working conditions should be carried out in the following cases:

commissioning of newly organized jobs;
obtaining an order from the state labor inspector to conduct an unscheduled assessment in connection with violations identified during the inspection by the labor inspectorate;
changes in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
changes in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
changes in the applied means of individual and collective protection 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 the identification of an occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.

An unscheduled special assessment of working conditions is carried out at the respective workplaces within 12 months from the date of occurrence of the cases from paragraphs 1 and 3. If we are talking about circumstances from paragraphs 2, 4–7, then an unscheduled special assessment is carried out within six months from the date of the relevant circumstances.

If the surname (first name, patronymic) of the employer-entrepreneur has changed or the employer has been reorganized and the events from paragraphs 3-5 and 7 have not occurred, the special assessment can be omitted.

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Special assessment of working conditions: is it necessary to carry out at temporary jobs

At a newly organized workplace, an unscheduled special assessment of working conditions should be carried out. Moreover, it does not matter for how long this job is created. Letter of the Ministry of Labor of 06/07/2017 No. 15-1 / OOG-1568

The report on the special assessment of working conditions is signed by all members of the commission, and approved by its chairman. Each member of the commission who does not agree with the results of the evaluation has the right to state in writing a reasoned dissenting opinion, which is attached to this report.

The employer is obliged to familiarize employees with the results of a special assessment of working conditions at their workplaces against signature. This must be done within thirty calendar days from the date of approval of the report on the special assessment of working conditions, no later. This period does not include periods of temporary disability of the employee, being on vacation or business trip, as well as periods of rest between shifts.

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Use of evaluation results

What should an employer do based on the results of a special assessment of labor? Based on the results of the approval of the special assessment report, the employer will need to:

familiarize employees with the results of the assessment (clause 4, part 2, article 4 of Law No. 426-FZ);
post the results on your website if available (part 6 of article 15 of Law No. 426-FZ);
report to the FSS information on the results of the special assessment (clause 18, clause 2, article 17 of the Federal Law of July 24, 1998 No. 125-FZ “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”).

If the company has conducted a special assessment, it may have to make changes to employment contracts with employees.

It is necessary to amend the employment contract with the employee if the working conditions at his workplace have changed. For example:

when concluding an employment contract, working conditions were optimal or acceptable (confirmed by the results of attestation of workplaces), and according to the results of a special assessment, they were recognized as harmful or dangerous;
working conditions were harmful or dangerous (confirmed by the results of attestation of workplaces), and according to the results of a special assessment, they were recognized as optimal or acceptable.

In the first case, the employer is obliged to provide the employee with guarantees and compensation for work in new working conditions, and in the second case, the employee is deprived of guarantees and compensation for working in harmful or dangerous working conditions.

How to properly draw up an additional agreement with employees who have identified harmful working conditions?

The organization in the described situation must conclude additional agreements to employment contracts with employees. Reflect in them: a description of working conditions in the workplace, working hours, increased wages for working in harmful conditions, the procedure for granting and the duration of additional paid leave; provision of therapeutic and preventive nutrition, mandatory medical examination, etc.

How to correctly issue an order for the organization on the results of the conducted SOUT

There are no requirements in the Law on the content of the order, which is issued based on the results of a special assessment. Therefore, the company has the right to reflect in it the information that it deems necessary.

In certain cases, employers must declare that their workplaces comply with established rules and regulations and are not harmful or dangerous to employees. That is, if at the stage of IDENTIFICATION of potentially harmful and (or) dangerous production factors (see above the stages of the special assessment of working conditions) their presence is NOT DETECTED, then it will be necessary to issue a declaration of compliance with working conditions (part 1 of article 11 of Law No. 426-FZ). and the procedure for filling it out were approved by order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n, which came into force on June 8, 2014.

Attention!

If when establishing according to the results of research (tests) and measurements of harmful and (or) hazardous production factors at workplaces of optimal and acceptable working conditions(grades 1 and 2, respectively) declaration of compliance with working conditions with state regulatory requirements is not carried out ().

In accordance with Article 7 of the Law of December 28, 2013 No. 426-FZ, the results of a special assessment can be used, in particular, for the following purposes:

development and implementation of measures to bring working conditions in line with the regulatory requirements of labor protection;
providing employees with personal protective equipment, as well as collective protective equipment;

ADDITIONAL RELATED LINKS

What is more profitable - to conduct a special assessment of labor or pay additional contributions? How to apply an additional rate if an employee combines two types of hazardous work? Conducting an assessment of working conditions. And many more answers.
Based on the results of a special assessment of labor, employers submit a declaration. The sample and form of such reporting and the procedure for filling it out were approved by order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n.