In what cases is not carried out sout. Is it necessary to conduct a soot for office workers. Is it necessary to conduct a soot if the organization has only a director, and wages are not accrued

06.03.2020

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

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

2) the presence in the organization of at least five experts working on 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 higher education in one of the specialties - general hygiene, occupational health, sanitary and hygienic laboratory research;

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

(see text in previous edition)

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

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

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

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

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

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

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Amazing business adventures with employees

Until December 31, 2020, everyone with employees must conduct a special assessment of jobs.

Natalia Chelovan

made a special assessment

The legislator established a five-year transitional period for the phased implementation of the SOUT - it ended on December 31, 2018. Therefore, employers had to conduct a special assessment of jobs before January 1, 2019. But those who conducted the SOUT in 2015, until December 31, 2020, must go through the procedure again, because a special assessment is carried out at least once every five years.

This article is for small businesses and individual entrepreneurs, because the large ones themselves know everything.

In fact, it is not enough to conduct a special assessment - you still need to fill out a declaration and submit it to the labor inspectorate. And this is where the nuances begin.

This spring, I did a special appraisal at a small real estate agency. It was necessary to evaluate four office locations located in the center of St. Petersburg, I had time to spare. As a result, I paid 6000 R for the evaluation of four jobs and was satisfied. I'll tell you in order.

What is a special assessment of working conditions

SOUT is an assessment of jobs: experts determine harmful production factors and assess how the production indicators comply with the standards.

There is a law according to which organizations with employees must conduct a special assessment of jobs, abbreviated SOUT. Based on its results, a class of working conditions is determined. Depending on the class, contributions are considered, overalls are purchased or, for example, additional lamps are installed.

When conducting a special assessment, harmful factors are evaluated, not aesthetics. The expert will pay attention to noise, dust or lack of light, but not to the color of the walls or the quality of the door fittings. They can also measure the severity of labor, chemical, biological factors. But usually it concerns complex manufacturing enterprises.

Again strangle business checks?

Special valuation working conditions is, frankly, a headache. A lot of fuss, papers and formalities.

But it also makes sense: SOUT helps to make sure that employees work in normal conditions, they have something to breathe, radioactive lime is not poured on them, and their eyes do not flow out due to the twilight in the office.

Who should conduct

Every business that employs employees should evaluate jobs. All places where people work are subject to assessment: in the office, in the kitchen in a cafe, in a sewing workshop and in furniture production.

The appraisal is carried out by specialized firms. An expert from such a company comes to the office or production, checks everything, and then writes a report. Based on this report, you fill out and submit a declaration to the labor inspectorate.

Who Should Not Conduct an Evaluation of Working Conditions

Companies without employees. Let's say the only employee in a company is the CEO. He works from home because there is no office space. Then there is no subject of evaluation, which means that it is not needed.

If the individual entrepreneur does not have employees, then nothing needs to be evaluated either.

Companies without jobs All employees are remote. There is no need to evaluate the jobs of remote and home-based workers: if, for example, a designer or a seamstress works at home and this is written in their employment contract, there is no need to conduct an assessment. There is no need to evaluate vacancies - this is when there is a place, but no one is working on it.

Ordinary people. The procedure does not apply to individuals: if you have a private chef or personal assistant who you pay as an individual, then you do not need to carry out the procedure either.

Nuances

Sometimes a special assessment is needed, but a declaration is not needed: this mainly applies to all kinds of industries, cafes and restaurants. Or any business where harmful or dangerous factors are found - here you need to act differently, but this is the topic of a separate article.

What is the timing of the special assessment?

A special assessment should be carried out at least once every five years. For example, if you completed the SOUT in August 2015, you must re-pass the procedure no later than August 2020. And you will have 30 working days from the date of approval of the report to complete and submit the declaration for the SOUT.

Liability for failure to conduct a special assessment - a fine of up to 200,000 R

For those who do not want to make a special assessment, fines are provided. First time:

the general director or individual entrepreneur will pay from 5,000 to 10,000 R;
legal entity - from 60,000 to 80,000 R.

Repeated violation (failure to conduct a special assessment of working conditions) will cost:

to the general director - a fine from 30,000 to 40,000 R or disqualification (ban) to manage for a period of 1 to 3 years;
a legal entity will have to respond with an amount from 100,000 to 200,000 R or a suspension of activities for a maximum of 90 days;
The individual entrepreneur will pay a fine as a general director - up to 40,000 R, but his activities will be suspended as a company.

How often to conduct and how long SOUT is valid

The validity period of the SOUT declaration is 5 years. We count from the date of entering information about the results of the assessment into the accounting information system. In most cases, this period will be automatically extended for another 5 years. However, the assessment will need to be re-assessed if:

An employee had an accident at work.
The employee was diagnosed with a disease that appeared due to harmful or dangerous factors at work.
During the audit, the labor inspectorate revealed violations of labor protection standards.
In these cases, in addition to the termination of the declaration of conformity, an unscheduled special assessment of working conditions will have to be carried out. An unscheduled special assessment will also be required if new jobs have appeared or the office has changed. From January 1, 2020, the employer can also unscheduled inspection if the employee sends him comments and objections regarding the results of the special assessment at his workplace.

The procedure for assessing working conditions

For myself, I divided the whole process into three steps:

Preparation - selection of the contractor, collection of documents. Conduct - research and receipt of documents from the organization. Reporting - filling out a declaration, notifying employees. Let's take a closer look at each of the steps.

Select a performer, issue an order and approve the list of places

Jobs are assessed by special people who have the equipment and knowledge for this. An entrepreneur cannot conduct it for himself. The contractor must have accreditation - it can be checked on the website of the Ministry of Labor.

Right there - in the section "Register of experts of organizations conducting a special assessment of working conditions" - you can check the certification of an expert who will conduct the SOUT.

The total number of seats - the less, the more expensive.
Office location - departure to the industrial zone on the outskirts of the city will be more expensive.
The complexity of the assessment - if you evaluate not an office, but, for example, clothing industry, then additional measurements of noise and the severity of the labor process will be required, it will be more expensive.
Urgency.

I called a dozen companies, chose three with a normal price for me, checked that they had accreditation, and then remembered which of the three companies spoke to me friendlier on the phone. I signed a contract with this company.

In parallel with the conclusion of the contract, it is necessary to create a commission to conduct a special assessment of working conditions. It sounds loud, but in fact, you need to draw up and sign an order with the CEO, which lists the composition of the commission from the company's employees.

Prior to the start of the procedure, it is necessary to draw up and sign with the commission a list of places that are subject to evaluation, and draw up a schedule for the SOUT. The schedule does not have any fixed form, you compose it the same way as all other internal documents.

Neither the order, nor the schedule, nor the list of places need to be handed over anywhere. They are stored along with other documents in a thick folder at the accountant. Here is what my documents look like.

I personally compiled the order, schedule and list, for example. The design may differ from yours. It is not regulated in any way, but the documents themselves must be in order.

Obtaining a conclusion

When evaluating jobs, there are two stages: identification, and then measurements and research.

Identification. First, the expert examined the premises, talked to the employees and their immediate supervisor: for example, he asked how much time they spend at the computer. The challenge was to understand what the workflow is and what measurements or studies would be required.

You agree on the time in advance - it is important that the employees are at their workplaces and that the commission members indicated in the order are present. The examiner will need to show:

The list of jobs and the jobs themselves.
Working hours of employees.
Equipment for which employees work.

After the examination, the expert said that one factor would be measured - illumination. The commission agreed and we set a date for a new meeting.

measurements and research. The expert arrives and takes measurements at the workplace. In our office, it was necessary to measure the "parameters of the light environment": whether there is enough light in the room for working at the computer. For research, the expert brought a light meter and measured the level of artificial lighting.

The expert described the results in the measurement protocol and set the class of working conditions. In total, 4 classes of working conditions are distinguished:

Optimal (first class).
Permissible (second class).
Harmful (third class), there are also subclasses.
Dangerous (fourth class).

The class affects the level of guarantees and compensations provided to workers engaged in production with harmful factors. In our office, they put the second class - these are acceptable working conditions.

The expert enters the class of working conditions into the map, and then makes a report. The term for preparing the report is specified in the contract. In my case, the contract stipulated 30 calendar days after the receipt of our payment, and I received the documents exactly on time.

The report should include:

Information about the organization evaluating jobs, copies of the accreditation certificate and the scope of accreditation.
The list of workplaces where the assessment was carried out, listing the identified harmful factors.
Protocols for conducting research and measurements.
Special assessment cards.
A summary sheet of the results of the SOUT and a summary table of classes of working conditions.
A list of recommended actions to improve conditions, if necessary.
Expert opinion.

The report must be approved and signed by the chairman and members of the commission.

Submit a declaration

The expert gives you a report for approval, and you sign it. In our case, we received the conclusion on May 15, and on May 16 it was signed by the CEO. Within three business days of approval, you must accessible way report this to the organization that evaluated the jobs. We have sent a scan of the signed cover page of the report by email.

After that, the organization conducting the SOUT sends a special assessment report to the FSIS (Federal state system taking into account the results of the SOUT) and informs the customer about it within three working days. All these actions - during the term of the contract.

In places where nothing harmful and dangerous was found, a declaration of conformity is submitted. There are exceptions, for example for medical, teaching staff, see the list of exceptions in paragraph 6 of Art. 10 of the law 426-FZ. The employer is required to file a declaration. The deadline for submission is 30 working days from the date of approval of the report.

You need to submit to Rostrud:

personally;
by mail with a valuable letter with a description of the attachment and a delivery notification;
if there is a qualified electronic signature, then you can fill out a declaration directly on the Rostrud website.

The results of the assessment of working conditions

The organization that conducted the SOUT draws up the results of the assessment in the form of a report.

What to do following the results of SOUT

Working condition class	What should an employer do	Examples	Normative base
	Pay additional contributions to the FIU	Maximum tariff - 8% of salary under dangerous conditions	paragraph 3 of Art. 428 Tax Code of the Russian Federation
	Provide employees with guarantees and compensation	- If the working conditions are dangerous or the third - fourth degree of harmfulness - reduce working time; - if the working conditions are dangerous or the second - fourth degree of harmfulness - provide annual additional paid leave; - raise wages	pp. 6 p. 1 art. 7 Law No. 426-FZ
	Improve working conditions for employees	- Install protective and signaling devices; - reduce gas pollution, dust content of air; - improve lighting	pp. 6 p. 2 art. 4 Law No. 426-FZ
	Provide employees with personal and collective protective equipment		pp. 3 p. 1 art. 7 Law No. 426-FZ
	Give workers milk or other equivalent food products		Art. 222 of the Labor Code of the Russian Federation
Second or first class: acceptable or optimal working conditions	Monitor working conditions and timely eliminate factors that may affect the level of safety	- Change burnt out light bulbs in time; - monitor the state of ventilation; - provide cleaning	pp. 1, 4 p. 1 art. 7 Law No. 426-FZ

Fourth or third class: dangerous or harmful conditions labor

What should an employer do

Pay additional contributions to the FIU

Maximum tariff - 8% of salary under dangerous conditions

What should an employer do

Provide employees with guarantees and compensation

From January 1, 2014, employers are required to conduct a special assessment of working conditions ( the federal law dated 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. It should be noted at the same time that liability for this part does not depend on the number of employees whose labor rights() have been violated.

Can a special assessment of working conditions at a vacant workplace be carried out? Find out the answer in "Encyclopedia of Solutions. Labor Relations, frames" 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 workplace created in December 2018, the deadline for completion of 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 mode of working hours while maintaining the same type technological process using the same production equipment, tools, devices, 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.

By general rule, a special assessment is carried out for each workplace, including office rooms 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 to comply with the working conditions of the state regulatory requirements 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 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 with them the appropriate supplementary agreement ().

Representatives of the Ministry of Labor and social protection They promised that they would not penalize companies that did not figure out how to conduct a special assessment of jobs, or did not have time to complete it by the deadline. But the GIT inspectors will pay great attention to the presence of SOUT. The department has already prepared an order allowing unscheduled raids to check who has not completed a special assessment of working conditions. After the raid, inspectors have the right to issue an order to eliminate violations, and if nothing is done, organize an unscheduled inspection. In the future, offenders may be prosecuted.

But you can still avoid fines. We invite you to familiarize yourself with step by step instructions how to organize SOUT for office workers.

Step 1. Publication of regulatory documents

How to conduct SOUT in an organization, and does everyone need it? gives an unequivocal answer to this question. Almost all jobs are subject to this procedure, with the exception of jobs for homeworkers, remote workers, citizens working for religious organizations or individuals who are not registered as individual entrepreneurs.

After deciding to start the SOUT procedure - a special assessment of working conditions, you need to publish:

an order to approve the commission for the SOUT (the commission is headed by the employer, the total number of members must be odd);
work schedule;
list of jobs.

Step 2. Preparation of a draft contract

From 03/09/2019, the Order of the Ministry of Labor of Russia dated 12/24/2018 No. 834n is in force. Appendix No. 1 to the document contains a standard contract for the provision of services for a special assessment of working conditions. The contract has 16 sections and 8 annexes, namely:

terms of reference for the provision of services;
implementation plan;
act of acceptance of the services rendered;
Act of reconciliation of accounts;
an order to conduct a SOUT;
information about the organization-customer;
a list of jobs subject to SOUT;
a list of equipment, tools and fixtures used at workplaces subject to SOUT, as well as materials and raw materials used.

These are all the necessary papers to take into account the obligations of both parties, as well as the possible participation of third parties.

The documentation developed by officials can be used by all, without exception, organizations that plan to order services for conducting SATS. However, for enterprises of the state and municipal sector, such a model contract and all annexes to it are mandatory. This is provided for by the Federal Law of April 5, 2013 No. 44-FZ. They must use the documentation in the form that is approved. The rest of the companies have the right to adjust the contract at their own discretion by adding or deleting provisions. We offer to download a standard contract for the provision of services for the conduct of the SAUT free of charge with all the necessary annexes to it.

Model contract

Step 3. Choosing an organization to conduct

You need to know not only how to conduct a special assessment of working conditions in an organization, but also how to choose an appraiser. When choosing a company to carry out SOUT, it is important to check whether it has the authority for this type of work and whether it is registered in a special register. Only companies with a registration number have the right to conduct a special assessment.

On August 1, 2019, the Government approved and sent for approval to the State Duma amendments to Federal Law No. 426-FZ dated December 28, 2013, according to which, when concluding an agreement for the conduct of a SCOUT, appraisers will be required to:

submit information about the planned special assessment to the information system immediately after the conclusion of an agreement with the employer on its conduct (before it begins);
link the moment of entry into force of the results of the special assessment with the entry of information about it into the state information system.

motivates the employer to complete the procedure for a special assessment of working conditions;
will ensure the filling of the state information system correct data on the results of the special assessment;
will increase the responsibility of the employer and the appraisal organization for the results issued.

An important issue is the timing of work and the possibility of prompt elimination of identified shortcomings. varies depending on the number of employees, the industry of the organization and the presence in it. When concluding a contract, firms conducting SOUT can help you draw up required documents: orders, schedules, certificates of the number and availability of disabled people, etc., since such forms are mandatory for all companies starting a special assessment.

The number of jobs for SOUT is calculated based on regular arrangement. At the same time, places with the same positions working in the same room can be considered similar.

Step 4. Filling in the list of jobs

This operation can take a long time if the company employs a large number of employees. All employees are included in the list. Whether their jobs will be recognized as similar will be decided by the SATS experts during the assessment. The following information is included in the list:

FULL NAME.;
job title;
SNILS (number of pension insurance certificate);
hours of work in and out of the office;
equipment used in the work.

The completed list is sent to the organization conducting the SUT for preparation for measurements.

Step 5. Preparation for the procedure

The meaning of preparing for the SOUT is seen in informing managers and employees about the upcoming procedure, providing access to all premises in which people work. Representatives of organizations conducting a special assessment usually explain. In an office environment, the main measured indicator is lighting, so it makes sense to make sure that there are no burned-out lamps in the fixtures, and there are table lamps in dimly lit rooms. It is also worth taking care of the availability of documentation for the main tools of labor of office employees - personal computers, because they are sources of electromagnetic radiation, which is harmful. factor of production(see 3.2.2.4 of Appendix No. 1 to ).

Step 6. Taking measurements

A representative of the special assessment commission should be present during the measurements. You need to have a printed list of jobs with you in order to mark checked places and make notes about shortcomings.

What do experts in SOUT pay attention to and take into account:

Ceiling height, number and power of overhead lighting fixtures.
The level of illumination on the desktop without taking into account natural light. To do this, close the blinds or take measurements at the very beginning of the working day or in the evening, when the sun no longer affects the readings.
The expert makes a sketch of the seating plan for the staff in the office, assigning a number to each workplace.

Illumination rate: 300 lx (lux) on the surface of the table, excluding the light from the table lamp. This indicator is prescribed in the hygienic standards SanPiN. When the lighting is slightly less than this indicator, for example 260-280 lux, combined lighting is allowed, i.e., an overhead and a table lamp.

Often, representatives of the organization conducting the special assessment allow to eliminate shortcomings in the measurement process: install lamps, add overhead light. This helps to improve the results of job classes.

Step 7. Receipt of the report from the executing organization and its approval

After the completion of the measurements, the organization that conducted the SOUT prepares a report, which includes:

Information about the organization conducting SOUT.
List of jobs.
Protocols for assessing production factors.
Summary sheet of SOUT.
List of measures to improve working conditions.
Expert opinion.

This list is standard. Even if no measures to improve working conditions are required, a document about this must be drawn up. The report is approved CEO and all members of the Special Evaluation Commission.

The report is signed by all members of the commission and approved by the chairman. The report form was approved by the Order of the Ministry of Labor dated January 24, 2014 No. 33n.

Step 8. Familiarize employees with the results

This step is mandatory, and the deadline for its completion is 30 calendar days from the date of approval of the report. Each employee must sign the special assessment card, as well as sign an additional agreement to the employment contract on entering into it information on working conditions at the workplace. That is, it is necessary to supplement the text of the agreement with the phrase: “working conditions at the employee’s workplace are acceptable (grade 2)” or “comply with state regulatory requirements.” The law does not provide for a clear wording, the fact of introducing the results of the event is important.

Step 9. Posting Information

Data placement includes the following steps:

Notification of the executing organization within three days from the date of approval of the report.
Notification of the labor inspectorate within 30 days by filing.
Placement on the website of your company of summary data on SOUT.

fines

Each of the above actions is mandatory, failure to comply with any of them or violation of the deadlines is punishable by fines. For officials, fines reach 10,000 rubles, for legal entities - 80,000 rubles. Each of the actions must be confirmed, for example, the notification of the executing organization - a notification of receipt of the letter, the GIT - the signature of its representative. Seems to be the most efficient way courier delivery to the labor inspectorate, so you will be sure that your declaration is registered.

On the website of your company (if any), you need to place the entire document "Summary data" in a scanned form with the signatures of the commission members.

Despite the multi-step procedure, it is not difficult to conduct a special labor assessment, since the executing companies provide documentary support and accompany the process at all stages of work.

The procedure for a special assessment of working conditions (SUT) according to the current rules has been carried out since 2014. There are no changes in the rules this year compared to previous periods, but until 01-01-19, all firms are required to evaluate jobs according to the new rules.

The legislator did not provide for the specifics of this procedure for representatives of small businesses. SOUT is carried out by special accredited organizations, for a fee. There are situations in which the company does not need to carry out and pay for the SOUT. A small enterprise has more than representatives of a medium and big business, opportunities to do so.

What is SOUT

A special assessment of working conditions is a survey of workplaces in order to identify harmful factors affecting the human body and assign a risk class to each workplace. Optimal (class 1.0) and acceptable (2.0) working conditions do not imply any special actions on the part of the employer. However, if the SOUT revealed the presence of harmful, hazardous conditions(grades 3.0 and 4.0), employees occupying such jobs are entitled to higher wages (4% or more of salary, t. rates) and a shorter work week (maximum duration - 36 hours).

Legislative framework governing the SOUT and its results:

Federal Law No. 426 dated December 28, 2013 “On SOUT”;
order of the Ministry of Labor No. 33 dated January 24, 2014 (contains the methodology for conducting the SOUT);
order of the Ministry of Labor No. 80 dated 07-02-14 (contains the procedure for filing a declaration on the SOUT);
Labor Code of the Russian Federation, in particular Art. 147, 92 (protects the rights of employees if jobs are assigned grades 3 and 4 based on the results of the SAUT);
Administrative Code, in particular Art. 5.27.1 (regulates fines according to SAUT).

SOUT at small enterprises, micro-enterprises is carried out in accordance with the specified documents.

Until recently, the actual results of certification according to the old rules were equated with the results of the SOUT. However, from January 1, 2019, the transition period (Article 27 of the Federal Law No. 426) ends, which means that by the end of 2018, a special assessment of jobs should be carried out was obliged, as a general rule, every employer providing employees with jobs. There are exceptions, we will discuss them below.

How to conduct SOUT

A special assessment of working conditions is carried out by a third-party organization that:

does not depend on the employer (for example, is not a branch or representative office);
has SOUT as the main activity;
passed accreditation in accordance with the order of the Ministry of Social Development No. 205n of 01-04-10;
has a staff of specialists (5 or more) entitled to conduct such an assessment, at least one of them having the appropriate specialized education in the specialty (labor, general hygiene, laboratory studies of a sanitary and hygienic nature);
has a laboratory equipped for SOUT.

The company does not have the right to conduct such research on its own. At the same time, the employer is obliged to form an internal commission that will work together with representatives of a third-party organization. According to Art. 9 of the Federal Law No. 426, the number of members of the commission must be odd.

For small businesses, the following is established:

the commission must include a leader (personally) or an individual entrepreneur;
The commission must have an OT specialist.

In the latter case, this can be both an employee of the company who has undergone appropriate training, and a representative of a third-party organization providing OT services under a contract. If there is a trade union, its representative must be included in the commission (clause 9, clause 3, article 9 of the Federal Law No. 426).

Important! When compiling a list of SOUT objects, places with the same characteristics are distinguished: by profession (positions), by location in similar production zones (premises), etc. If there are such places, then their assessment is not carried out completely, but only in the amount of 1/5 of the total numbers. The number of jobs cannot be less than 2. It is believed that in this way all similar jobs have been tested (Article 16, paragraph 1 of the Federal Law No. 426).

Based on the results of the special assessment, a third-party specialized organization draws up a document - a report that is signed by the commission. Objections of the commission or one of its members, if any, are attached to the report.

The report is needed for:

writing off the costs of conducting the SAUT;
planning and write-off of expenses for OT;
formation of the tariff on DST.

New jobs, in accordance with the law, must be certified within six months. The same procedure applies if the technology used in any workplaces has been significantly changed.

Important! SOUT is carried out in the context of jobs, not employees. If at a small enterprise one employee combines several positions, in accordance with the staffing table, it is determined how many jobs he actually occupies. SOUT is carried out for each workplace.

Based on the results of a special assessment of working conditions, the company submits a declaration to the territorial labor inspectorate. This must be done no later than 30 days after the document has been approved.
The declaration is valid for 5 years, this period can be extended in the absence of occupational diseases and injuries in the work team.

The document is filled in according to the order of the Ministry of Labor No. 80n.

How much does it cost

The amount of remuneration for the work of specialized organizations providing services in the field of SOTS is not regulated by law.

The following main factors influence the price:

average market value of services;
company size, number of jobs;
the presence or absence of negative factors and the degree of their influence;
volume, completeness of technical documentation describing negative factors.

To date, the market price for one workplace is from 800-900 rubles and more.

"Savings" can be costly

The Labor Code of the Russian Federation (Article 212) directly obliges the employer to conduct a special assessment of the working conditions of employees.

The legislator and the regulatory authorities consider the refusal to conduct the SAUT as a violation of the rights of personnel. The penalties for this violation are very high. If, at the same time, we take into account the size and number of jobs in small enterprises, it becomes clear that breaking the law is unprofitable for the manager.

The amount of penalties (according to the text of Article 5.27.1 of the Code of Administrative Offenses):

for the management of the company - from 5 to 10 thousand rubles;
for a company - from 60 to 80 thousand rubles;
for an entrepreneur - from 5 to 10 thousand rubles.

It should be noted that in case of repeated violation, the fine for the organization can reach 200 thousand rubles, and for the head (and individual entrepreneur) - up to 40 thousand rubles. A fine for the head and the legal entity that he manages can be issued at the same time. The fine can be replaced by the suspension of the company for up to 90 days.

When it is not necessary to carry out SOT

SOUT is not carried out if the employee works at home, works remotely, works at individual(not IP). There is no need to conduct a SATS in relation to vacancies - there are no employees, it is impossible to assess their working conditions.

It follows from the foregoing that if all employees of a small business perform their duties remotely, and the manager works with documentation and solves the problems of the company’s functioning from home, an assessment of working conditions is not required. Organizational structure, the size of SEs and micro-firms makes it possible to have such a “remote” staff without prejudice to business.

Results

The vast majority of business entities need to complete the special assessment of working conditions (SUT) before the end of this year.
There are no exceptions for small businesses.
To carry out the SOUT, an agreement is concluded with a specialized third-party organization.
Prices for special assessment services are not as high as the fines for violating the law.
Small businesses are in an advantageous position because they have a small number of jobs.
If there are homeworkers or remote workers in the staff of the MP, they may not conduct SOUT.