Conducting a special assessment of working conditions. Terms of a special assessment of working conditions. Validity period of sout materials

Since the beginning of 2014, Federal Law No. 426-FZ dated December 28, 2013 (hereinafter referred to as the Law on SOUT) has been in force. Its provisions completely abolished the certification of jobs, and instead introduced new order analysis of harmful factors of work - a special assessment of working conditions (hereinafter - SOUT).

Despite the fact that the transition period is still ongoing, and for many, the deadline for conducting the SOUT will be December 2018, labor inspectorates are already conducting regular and unscheduled inspections, revealing thousands of violations. In order not to incur fines and penalties, employers should understand innovations as early as possible.

The essence of the special assessment of working conditions

SOUT, in essence, is a verification and assessment by independent experts of working conditions at predetermined workplaces. If the work is associated with harmful and dangerous effects, a specialized organization makes the necessary instrumental measurements and, having established the impact of the conditions on the people working there, assigns one of the possible classes to the workplace:

Optimal; valid;
Harmful; dangerous.

The amount deducted by the employer for his employees in the FIU, as well as the amount of benefits due to employees, depends on the results of the SOUT ( additional leave, reduced hours, etc.).

Reducing the influence of the detected harmful factors in the future can minimize the established additional tariff and even reduce it to zero, and will also reduce the employer's expenses for compensation and guarantees for employees engaged in hazardous production. Turns out than better conditions labor of employees, the less the employer will have to pay.

Who needs to carry out SOUT?

The Law on SOUT imposes the obligation to finance and organize the special assessment process on all employers - legal entities and individual entrepreneurs who employ employees. Respectively, special assessment working conditions are not required:

1) Entrepreneurs conducting activities without hiring employees;

2) For employers - individuals.

What is subject to special assessment?

The working conditions of employees are evaluated according to the physical parameters of their workplaces, i.e. places under the control of the employer, to which employees need to come to carry out their official duties. According to the Law on SOUT, the places of all employees, except for those who:

works for employers - individuals;
works at home;
performs work remotely.

Checking working conditions is carried out at all workplaces, taking into account their similarity. Equivalent jobs are those that:

are located in the same type of zones with the same conditions of lighting, ventilation and heating;
equipped with the same production equipment and personal protective equipment;
assume the work of employees with the same positions and labor functions.

Despite the fact that only a fifth of similar jobs (but not less than two) are subject to verification, the results of a special assessment of working conditions apply to all similar jobs.

Terms of the planned SOUT

From 2014 to 2018, legislators have provided for a transitional period during which the results of the previously conducted certification of workplaces will be valid and a stage-by-stage implementation of a set of assessment measures will be possible. However, there are workplaces where SOUT needs to be carried out immediately. The Law on SOUT lists the deadlines given to employers for obtaining the primary results of a planned special assessment for various groups of jobs:

1) At workplaces certified up to entry into force of the Law on SOUT, the special assessment is carried out until the end of the validity of the certification results, i.e. within five years from the date of its implementation.

Important! At the initiative of the employer, an early scheduled special assessment is possible. This may be required if the working conditions at the workplace have been improved since the certification, and based on the results of the SOUT, the employer plans to reduce its costs for providing guarantees and compensations to preferential categories of employees.

2) At workplaces that are active and not subject to certification earlier:

but) The special assessment is carried out until December 31, 2018, if the type of these jobs is not listed in paragraphs 1, 2, part 6 of Art. 10 of the Law on SOUT. This list includes the workplaces of employees whose duties are related exclusively to:

work on computers;
periodic use of printers, photocopiers, as well as household appliances.

However, the process of organizing the SAUT should be carried out in stages and not postponed until the end of 2018. After all, the rush demand for the services of experts and the workload of specialized organizations - appraisers at the end of the transition period may create conditions in which it will become impossible to obtain the results of the SOUT within the specified time frame.

b) A special assessment is made immediately if the type of these jobs is included in paragraphs 1, 2, part 6 of Art. 10 of the Law on SOUT. Such jobs include those where work provides employees with:

early retirement;
guarantees and compensations in connection with dangerous and harmful working conditions.

When does the five year term end? the results of the primary SUT, it becomes necessary to re-evaluate, but only for those employers who have previously identified hazardous or harmful working conditions. For employers who have a declaration of compliance of workplaces with established standards (of course, if working conditions have not changed and remain safe), the effect of the results recorded by the primary SOUT is extended for the next five years, reducing the employer's costs for special assessment activities.

If no circumstances arise that invalidate the declaration, it, according to experts, will continue to work, because the Law on SATS does not provide for the number of possible extensions. However, according to this issue not yet formed arbitrage practice and it is quite possible that other opinions may soon arise.

In what cases is an unscheduled SOUT required?

The transition period does not apply to unscheduled special assessments, which means that now all employers who experience the events listed in Art. 17 of the Law on SUT, within six months they are required to carry out unscheduled measures to assess working conditions. Conditions that cause an unscheduled SOUT include:

the emergence of new jobs, including those for only registered employers;
change production process, the composition of the materials used and other factors that may affect the harmfulness and danger of labor for workers;
an occupational disease of an employee or an accident at work, the occurrence of which is associated with hazardous working conditions;
union demand;
labor inspectorate order.

Who conducts a special assessment of working conditions?

In order to identify potentially dangerous factors, measure deviations from the norm, and also to formalize the results of the SOUT, the employer must engage a specialized organization on the basis of a civil law contract. In addition, it is possible to conclude an agreement in parallel voluntary insurance responsibility in order to minimize the risk of damage in the process of measurements, research and other aspects of the work of experts.

Taking into account the requirements of the Law on SUT regarding the independence of experts, restrictions are imposed on the list of persons allowed to conduct a special assessment. For example, the founder of the audited organization or his close relative cannot conduct the SATS.

Specialized organizations must also comply with the conditions prescribed in the Law on SOUT, compliance with which is confirmed by attestation of the Ministry of Labor of the Russian Federation and inclusion in a special register open for review on the website www.rosmintrud.ru. In particular, until December 2018, this register will also include firms that were previously admitted to attestation of workplaces and have an accreditation certificate valid for the current date.

Before concluding an agreement on the conduct of the SAUT with any company, the employer must check its compliance with all legal requirements. Otherwise, the results of the special assessment of working conditions may be canceled by the labor inspectorate, and the employer will have to bear the costs of a repeated, unscheduled assessment.

Results of a special assessment of working conditions

The results of the SOUT are drawn up in the form of a report of an expert organization in the form approved by the Ministry of Labor. The document reflects a list of specific jobs and the classes and subclasses of working conditions established for them. The results of the SOUT come into effect from the date of signing the report and oblige the employer to:

transfer to the FIU additional (for the classes "harmful" - from 2 to 7% and "dangerous" - 8%);
provide necessary guarantees and compensations to employees;
provide employees with the necessary protective equipment;
carry out activities that affect the minimization and elimination of harmfulness and danger of production factors;
exercise control over maintaining the safety of workplaces included in the "optimal" and "acceptable" classes.

With a report should be in the next 30 calendar days all employees whose workplaces were checked during the SATS were familiarized. If the employee does not agree with the results, he has the right to request a state expertise in relation to his workplace. If the results of the SOUT do not suit the employing organization, he can submit an application to the Ministry of Labor and Social Protection, appeal against the unreasonable or inaccurate results of the audit and conduct a second special assessment.

In addition, within the next month, the results of the SOUT should be posted by the employing organization on the official website (if available). The territorial body of the FSS is notified within the time limits provided for the submission of current reports, and the information is submitted by including Form 4-FSS in section 10.

Responsibility for violations in the field of SUT

During the first year of the Law on SOUT, more than 23 thousand, and for half of 2015 - more than 11 thousand facts of non-compliance with labor legislation were recorded. According to Federal Service labor and employment, which analyzed the identified violations, the most common misconduct of the employer are:

1) Non-conduction of SOUT in cases when it is necessary;

2) Failure to communicate the results of the SOUT to the employees;

3) Violation of the procedure for conducting the SOUT in terms of:

non-involvement of a specialized organization;
absence of the commission or non-involvement of employees in its composition;
analysis of not all relying jobs;

4) Lack of proper registration of the results of a special assessment of working conditions;

5) Failure to provide the proper amount of guarantees and compensations based on the assigned classes of working conditions.

Both the organization itself that committed the misconduct and its officials (manager, labor protection specialist or other person who, by virtue of the position or order of the director, is entrusted with the responsibility for conducting the SAUT) can be held liable for violations in the field of SATS. Moreover, the application of punishment to a legal entity can be carried out simultaneously with the bringing to administrative responsibility of responsible employees, which comes from the analysis of part 3 of Art. 2.1 of the Code of Administrative Offenses of the Russian Federation.

Administrative punishment for non-conduct or violation of the procedure for organizing the SAUT is determined in accordance with Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, and its shape and size depend on a number of factors:

in relation to whom it is applied (legal entity, individual entrepreneur or official);
bringing to responsibility primary or repeated;
no threat to life and health (warning or fine) or harm to employees (suspension of activities and disqualification of persons) due to the misconduct of the employer.

In particular, the penalties are:
For organizations - 60-80 thousand rubles. at the primary and 100-200 thousand rubles. in case of repeated misconduct;
For individual entrepreneurs and officials - 5-10 thousand rubles. at the primary and 30-40 thousand rubles. upon repeated misconduct.

When the violation resulted in a threat to human health or an accident, then the punishment can be applied in the form of suspension of activities legal entity or IP for 90 days, and officials who are held accountable are disqualified for a period of one to three years.

Conclusion

The state tries to protect its citizens and provide them with certain rights including the right to safe work. According to statistics, about 40% of existing jobs are associated with risk factors for health and life. By introducing a mandatory assessment of harmfulness and danger working conditions, legislators minimize the likelihood of injuries or illnesses received at work.

I am glad that during state regulation in the field of labor protection, not only "whips" were provided in the form of fines and penalties for failure to comply with the requirements of the Law on OSH, but also "carrots" that provide a conscientious employer with a minimum of additional costs and a permanent extension of the declaration of conformity. In addition, for the employer, who organized the SOUT in time and with high quality, even reports to the state information system can be sent by a specialized firm that carried out the assessment.

In accordance with Part 3 of Article 3 of Law N 426-FZ, all jobs are subject to special assessment, regardless of the organizational and legal form of the organization. The exception is, as well as employees who have entered into labor Relations with non-IP.

The deadline for submission is no later than 30 working days from the date of approval of the report on the special assessment.

The declaration form is in accordance with Appendix N 1 to the Order of the Ministry of Labor of Russia of 07.02.2014 N 80n (as amended by the Order of the Ministry of Labor of Russia of November 14, 2016 N 642n).

The declaration is submitted by the employer to the state labor inspectorate in the constituent entity of the Russian Federation at the place of its location or the location of its branch or representative office in person or by mail with a description of the attachment and a notice of receipt. It is allowed to send a declaration in the form electronic document, signed by the qualified EDS of the employer, by filling out the appropriate form on the official website of Rostrud (not available for all subjects of the Russian Federation).

The validity of the declaration is 5 years from the date of approval of the report on the special assessment. After the expiration of the period and in the absence of circumstances from part 5 of article 11 of Law N 426-FZ, the validity of the declaration is extended for the next 5 years. Thus, it is not required to conduct a repeated special assessment at the declared workplaces.

It is also worth noting that the declaration can only be submitted in relation to workplaces where a special assessment was carried out, and not attestation of workplaces for working conditions, the validity of the results of which has not expired.

With the classification according to working conditions, it seems clear, but what are job classes?

This is a classification that combines jobs into groups, and one of the important criteria for such a division is the level of mechanization of the work process. Each group has its own recommendations on the organization of work, which the employer should adhere to. There are now five such groups: jobs for handmade, places for machine-manual work, mechanized jobs, automated jobs, hardware jobs. More about their differences.

How to conduct a special assessment at an individual entrepreneur if his office is located in an apartment?

With regard to the working conditions of homeworkers, a special assessment.

When introducing a new position into the staffing table, when should a special assessment be carried out? If the organization moves to another location, is it necessary to conduct a special assessment again?

If the introduction to staffing new position, as well as moving the organization to another premises can be equated with the commissioning of newly organized workplaces, then an unscheduled special assessment of working conditions is carried out at such workplaces within 12 months from the date of the occurrence of these cases (in accordance with paragraph 1 of part 1 of Article 17 of the Law N 426-FZ).

According to the results of a special assessment, an electric and gas welder is entitled to a 4% supplement to his salary, but this employee does not work all the days at welding. How is the fee paid in this case? Based on the time spent in harmful conditions?

It is advisable to increase the salary of an employee by at least 4 percent tariff rate(salary) and establish an additional payment not only for the time spent directly during harmful conditions labor, but for the entire time of work.

In accordance with Article 147 of the Labor Code of the Russian Federation, the remuneration of workers employed in work with harmful working conditions is set at an increased rate. The minimum wage increase for workers employed in jobs with harmful working conditions is 4 percent of the tariff rate (salary) established for various kinds work under normal working conditions. At the same time, the Labor Code of the Russian Federation does not provide for remuneration of workers employed in work with harmful working conditions in an increased amount only for the time actually worked out in harmful working conditions. This option has been established Labor Code RF (Article 121) only in relation to annual additional paid leave for employees employed in work with harmful (dangerous) working conditions.

In June we get the result of a special assessment. There are additional workers. tariff. From what period do you need to charge extra. tariff: from June or earlier?

Calculate additional the tariff is necessary from the date of entry into force of the results of the special assessment, i.e. from the date of approval of the report on the special assessment of working conditions.

And how to make an assessment: can you do it yourself or do you need to contact specialized companies?

The law establishes that the assessment can be carried out by specialized organizations that have all the necessary and mandatory certified equipment for this. After all, you may have to measure such indicators as humidity, illumination, vibration, etc. and here you can not do without specialized equipment. To make sure that the company is authorized to make such an assessment, it is worth checking its presence in the register on the website of the Ministry of Labor. EcoStar Company, the partner of this issue of the Card Index, is registered in this list under

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

SOUT: timing

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

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

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

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

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

Frequency of holding

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

harmful factors during the course of the study were not identified;
harmful factors are identified and classified accordingly.

Harmful factors have not been identified

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

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

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

Harmful factors identified and classified

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

Workplace certification

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

Terms of unscheduled SOUT

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

6 months

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

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

12 months

SOUT must be carried out within the specified time if:

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

Timing of activities based on the results of the SOUT

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

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

Shelf life of materials for a special assessment of working conditions

Deadline for compiling a report on the SOUT

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

Shelf life of SOUT materials

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

Validity of SOUT materials

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

21.08.2014

Special assessment of working conditions

On January 1, 2014, Federal Laws No. 426-FZ of December 28, 2013 "On Special Assessment of Working Conditions" (hereinafter referred to as Federal Law No. 426-FZ) and No. 421-FZ "On Amendments to Certain Legislative Acts" came into force. Russian Federation in connection with the adoption federal law"On a special assessment of working conditions" (hereinafter - Federal Law N 421-FZ). In accordance with Federal Law N 421-FZ, amendments were made to the Labor Code of the Russian Federation, which abolish the procedure for attesting workplaces in terms of working conditions and introduce a procedure for a special assessment of working conditions.

On May 1, 2016, Federal Law No. 136-FZ “On Amendments to Article 11 of the Federal Law “On Individual Personalized Accounting in the Compulsory Pension Insurance System” and the Federal Law “On Special Assessment of Working Conditions” came into force.”

In relation to workplaces, the working conditions at which, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, are recognized as optimal or acceptable, with the exception of workplaces specified in Part 6 of Art. 10 of the Federal Law N 426-FZ "On a special assessment of working conditions", the employer submits refined declaration of compliance of working conditions with state regulatory requirements for labor protection (hereinafter referred to as the Declaration on the SOUT) with the inclusion of these jobs in it.

An updated declaration is submitted to places subject to special assessment in 2014, 2015 and before May 1, 2016. and not declared until that time. For a special assessment conducted after May 1, 2016. and to the present, the restriction on filing a declaration within 30 working days from the date of approval of the report on the conduct of the SAUT continues to apply.

The declaration is submitted by the employer on time no later than 30 business days from the date of approval of the report on the special assessment of working conditions (hereinafter referred to as the special assessment). For violation of the deadline and rules for filing a declaration, the employer may be held administratively liable.

A declaration of compliance with working conditions is drawn up by the employer and submitted to the State Labor Inspectorate in the city of Moscow or sent by mail with a list of attachments and a return receipt.

To file a return by mail

cover letter with artist's phone number

Order of the Ministry of Labor of Russia dated November 14, 2016 N 642n) - 1 copy. original

Declaration on electronic media (Word, in docx format, (disk / flash drive)

Also, the declaration can be submitted in the form of an electronic document signed by a qualified electronic signature employer, by filling out the declaration form on the official website of the Federal Service for Labor and Employment (Rostrud) at the link: https://declaration.rostrud.ru/.

Drawing up a declaration and submitting it to the State Labor Inspectorate in the city of Moscow is the responsibility of the employer (part 1 of article 11 of Law N 426-FZ). The declaration is submitted in the form in accordance with the Order of the Ministry of Labor of Russia dated February 7, 2014 N 80n (as amended on November 14, 2016) "On the form and procedure for filing a declaration of compliance of working conditions with state regulatory requirements for labor protection, the procedure for the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory requirements labor protection" (as amended by the Order of the Ministry of Labor No. 642n dated November 14, 2016)

The validity period of the declaration is 5 years from the date of approval of the report on the special assessment (part 4 of article 11 of Law N 426-FZ). This period is extended every five years, unless circumstances arise during this period that, in accordance with Part 5 of Art. 11 of Law N 426-FZ may lead to the termination of its validity (for example, an accident at work with an employee employed at a declared workplace) (part 7 of article 11 of Law N 426-FZ).

The register of experts conducting SOUT is posted on the website of the Ministry of Labor of Russia at the link: http://akot.rosmintrud.ru/sout/experts/.

Documents required for submission to the State Labor Inspectorate in Moscow:

Declaration of compliance with working conditions (form 80n (as amended by Order of the Ministry of Labor of Russia dated November 14, 2016 N 642n) - 2 copies (original + copy)

Expert opinion on the results of a special assessment of working conditions (copy)

Title page of the report (“I approve”) (copy)

Declaration on electronic media (Word, in docx format,) (flash drive, return)

Consolidated statement of the results of a special assessment of working conditions

Materials must be brought to the State Labor Inspectorate in Moscow at the following address:

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

Special assessment: simple about the complex

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

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

Who is eligible for the special

Small businesses should also conduct a special assessment

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

Lack of activity does not exempt from special assessment

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

No special assessment required for remote jobs and homeworkers

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

Safe working conditions do not exempt from special assessment

WARNING THE MANAGER

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

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

Offices need to be assessed

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

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

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

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

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

Evaluate not staff units, but jobs

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

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

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

Deadlines for special assessments

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

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

FROM AUTHENTIC SOURCES

Deputy Head of the Federal Service for Labor and Employment

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

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

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

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

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

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

How to conduct a special assessment

Certifying organizations can still conduct a special assessment

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

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

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

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

How to conduct a special assessment of the workplaces of employees with a traveling nature of work, performing repair and installation work at the location of the customer organizations, we were told in Rostrud.

FROM AUTHENTIC SOURCES

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

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

Rostrud

You can save on a special assessment of similar jobs

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

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

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

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

In the same mode of working hours while maintaining the same type of technological process;

Using the same production equipment, tools, fixtures, materials and raw materials;

Provided with the same personal protective equipment.

Results of the special assessment

Where should the assessment results be sent?

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

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

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

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

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

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

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

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

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

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

additional leave of at least 7 calendar days;

abbreviated work week no more than 36 hours.

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

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

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

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

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

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

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