Whether a special assessment of working conditions is necessary. Labor-Expert. Management. How is the assessment of working conditions

In 2019, the special assessment of working conditions for small enterprises, as well as medium and large ones, is carried out absolutely identically. Its main provisions are regulated by the federal law of the same name under number 426, published at the end of 2013. In 2019, the SOUT should be organized by those businessmen who conducted it in 2014 already according to the updated rules (the five-year period has come to an end), who did not comply with it at all, and if an unscheduled assessment of the working conditions of individual work areas is required.

General view

The special assessment of the company's work areas is often abbreviated as SOUT. This is a set of special measures to assess and detect violations in the organization of working conditions for the personnel of a particular company / institution. The inspection is carried out by a professional contractor who has the right to carry out specialized assessment activities and equipment to make the necessary measurements / analyzes.

During certification, the following is checked:

quality of workspace lighting;
the presence of harmful substances in the environment;
presence of vibration impact;
noise level;
microclimate, etc.

Scheduled inspection is carried out once every five years, and unscheduled - as needed.

Russian legislation regulating SOUT in 2019:

Document Type	Requisites	Description
the federal law	No. 426; from 28.12.13.	Describes the main provisions of the special assessment, requirements for contractors, etc.
	No. 33; dated 01/24/14.	It includes a methodology for implementing the SATS, a list of unfavorable factors checked at the workplace, reporting forms, etc.
Order of the Ministry of Labor and Social Protection	No. 80; from 02/07/14.	Reflects the sequence of actions for the formation and submission of the SOUT declaration.
Labor Code	Articles 147, 92	The articles are devoted to the issue of protecting the rights of workers if they work in premises that have been assigned a hazard level of 3/4.
Administrative Code of Russia	Article 5,27,1	It describes the sanctions applied in case of non-compliance with the legally established standards for the SOUT.

As a contractor for the implementation of the SUT, you should choose a company that:

accredited by Rostrud (included in the list of recommended organizations on the website of the Ministry of Labor of Russia);
has the ability to promptly conduct inspections;
sets prices not higher than the average market;
equipped with the necessary equipment (there is a laboratory or agreements with a subcontractor) for various measurements / studies, etc.

From the appraiser company, several people come to the object being checked - these are managers, engineers (conduct measurements / studies) and an expert. Their work is organized in such a way that the main production process of the enterprise is not interrupted / disturbed.

Who should organize SOUT in 2019

In 2019, the following companies initiate the special assessment:

whose previous accreditation of working conditions is expiring (that is, those firms that carried out the SOUT under the new rules five years ago);
who forgot to make a special assessment (for example, this was found out during the inspection of the company's activities by regulatory authorities);
who need an unscheduled SOUT.

The main situations causing the need for a special assessment outside the plan in 2019:

the emergence of additional work areas (for example, when expanding production capacities);
relocation of the enterprise (its part) to a new location;
obtaining relevant instructions from controllers supervising the implementation of domestic labor legislation;
replacement of old production equipment with another/new one;
modernization of the technological process;
use of other materials/raw materials;
introduction of new means of protecting employees from the impact of any negative factors;
the occurrence of accidents in the workplace;
the facts of the occurrence of diseases caused by their professional activities in employees were recorded;
the wish of the trade union / employees to organize an unscheduled SOUT.

If the company has adjusted the technological process, organized new workspaces or updated equipment, then the entrepreneur is given one year to conduct a special assessment of working conditions (the countdown starts from the date of implementation of each of the above). In other situations, six months are given to organize a special assessment.

The video talks about the cases in which a special assessment of work areas is required.

Changes for 2019

In the field of a special assessment of working conditions in 2019:

As of January 1, 2019, the SOUT must be implemented by all enterprises, which include small and micro firms.
In 2019, all companies/organizations that initiated an inspection under the updated rules in 2014 must organize the next scheduled special assessment of working conditions.
Since 2019, it is not possible to implement the SOUT in stages. During the transition period, certification was allowed to be carried out gradually, in parts. This benefit was available to companies that had not previously identified the presence of harmful/dangerous to human life/health workspaces.

Otherwise, there were no significant changes in the domestic legislation relating to special valuation in 2019 compared to 2018.

Who does not need a scheduled / unscheduled special assessment

SOUT is not carried out if:

the entrepreneur does not have an office, production / trading and other premises, and the staff (including the director) work at home (for example, seamstresses);
all employees work remotely (for example, on electronic platforms such as an online store where there is no need to organize an office);
a specialist works for another individual who is not a private entrepreneur (for example, when cleaning another person's living quarters for a fee);
the enterprise provides for a working area, but it is not in operation;
the name of the employer has changed, which was a private entrepreneur;
legal reorganization was carried out. persons and the organizational form of the company has changed;
the name of the working area was changed, which is not associated with a change in its purpose and equipment;
the name of the employee's position was changed, and this did not lead to a change in his professional duties.

The video tells about who is exempted from the need to perform the SOUT.

Instructions for passing a special assessment

The algorithm of actions for organizing a planned inspection of working conditions at a small enterprise:

Determination of the number of participants for the commission on SOUT from among the company's employees. The approval of the formed group is carried out by issuing an appropriate order. It is important that the number of its participants be odd (three or more people). Usually, the delegation from the company includes the entrepreneur himself (often appointed as the chairman), director, personnel officer / accountant. The commission must have a trained person in the field of labor protection.
Formation of a list of all work areas that are subject to SOUT. This process is carried out by a previously formed commission. If the company has the same type of work places, then not all of them are subject to special assessment (only 1/5 part, but not less than two). Analogues are those working areas where employees perform the same professional duties, function in the same mode, are in a common room (or different, but similar rooms), where each place is identically equipped (equipment, ventilation, air conditioning, heating, etc.). etc.), the same type of means and objects of labor are used, protection from harmful effects, etc.
Drawing up a schedule for the implementation of special assessment actions. Should be planned, taking into account the fact that each of them is subject to verification once every five years.
Selection of the optimal contractor with the authority to provide services for a special assessment of working conditions.
Negotiating with the selected appraiser and concluding a formal contract with them.
Transfer of all necessary papers/information to the inspection company for subsequent inspection.
Production of the required measurements / laboratory tests.
Identification. As a result of certification, specialists classify working conditions in work areas according to the criterion of "degree of hazard".
Registration of the results of research jobs in the report, which is signed by all members of the formed commission. If one of the representatives of the company does not agree with the conclusion of the contractor, then a document is drawn up that sets out the essence of the claims that have arisen. Three days are given for discussion of the report.
Message from a third-party organization conducting a special assessment about the commission's agreement / disagreement with the results of the assessment. A copy of the approved report is given to the contractor.
Registration of the declaration and its submission to the territorial office of the labor inspectorate. Thirty working days are allocated to carry out these actions, the countdown of which begins from the date of approval of the report on the SUT.
Acquaintance of employees with the results of the special assessment. Thirty working days are also given for this, the countdown of which is from the moment the report on the SUT is accepted.
Posting the results of the special assessment on the website of the audited company (if any).
Notification of the FSS of the Russian Federation on the conduct of the SOUT and the results of the inspection. The data is provided in the form of an approved form (Form 4-FSS).

The duration of the described process for a small business is approximately 1.5 months.

If unfavorable working conditions are identified, the employer is given a list of measures to improve them. Based on the SOUT report, adjustments are made in labor contracts, which indicate the actual working conditions and determine the guarantees of employees.

Employees are assigned the following benefits for working in places with a high hazard class:

increase in wages (at least four percent of the salary / rate);
reduction in the duration of the seven-day working week (maximum 36 hours);
additional leave (minimum duration of seven days).

Penalties for violations

If the territorial labor inspectorate in the course of checking the activities of the enterprise (scheduled or unscheduled) reveals the absence of a SOUT, then significant penalties will be applied to it and its management.

The amount of fines for non-conducting the SOUT in 2019:

Instead of applying financial punishment, an alternative measure is possible - suspension of the company's activities (up to 3 months). Also, the director of the company may be prohibited from holding a management position for three years. This sanction is most often assigned when a repeated violation is detected.

After revealing the fact of the absence of a special assessment, the employer is given 20 working days to correct the situation. During this time, the violator must at least conclude a contract for the implementation of the SUT and begin the certification procedure. This will allow you to bypass the next fine.

It is not profitable for either a small or a large enterprise to receive a fine; it will be cheaper to organize a timely special assessment of workspaces. In 2019, the price for the inspection of one working area will be approximately 900-1200 rubles. The owner of a small company of 15 people (with 15 jobs) will pay about 15,000 rubles.

The price of SOUT depends on:

the number of certified jobs (the more there are, the lower the price for one zone);
region and level of competition;
internal demand for the services of appraisers according to the profile of SOUT;
type of work areas to be inspected;
the number of measurements taken;
the need for complex/expensive analyses.

Documents for SOUT

An example of an order for SOUT:

Sample order on approval of the schedule of special assessment events:

A sample of the design of the SOUT chart:

An example of an expert opinion on SOUT:

Sample supplementary agreement to an employment contract:

An example of a declaration on a special assessment of working conditions:

In contact with

Many managers are familiar with the certification of workplaces according to working conditions. Such inspections are regulated by Federal Law No. 426-FZ, where this procedure is called a special assessment of the working conditions of workers. In this article, we will talk about whether it is necessary to carry out SATS for office workers, and if so, what nuances the director of the organization should know.

The main thing to know

This check is necessary in order to assess the level of impact on employees during their professional activities. The use of personal protective equipment for personnel is also assessed. This is a whole range of procedures that are designed to detect all the negative factors that may be in a person’s workplace. Everyone who was registered with the tax authority as an individual entrepreneur or legal entity should conduct such an audit. After carrying out this procedure, each place is assigned its own class, based on the level of harmfulness. The employer pays for the event. The certification is repeated every 5 years.

As for office staff

Until the Federal Law on SOUT came out, office workers were not subjected to such a check. But since 2015 the situation has changed. Now everyone who works with computer equipment also undergo certification. The only exceptions are home and remote employees. But the SOUT for the office has a simplified form, there is no examination and measurement, which are provided for by law. If the commission does not detect harmful conditions, then a declaration is filled in that the place meets state requirements and the person can work here. This declaration is valid for five years. However, when an accident occurs at work, it is possible to conduct a second unscheduled inspection.

SOUT for the office has a simplified form.

It should be noted that only those places where a person spends more than 50% of his working time on computer equipment are subject to certification. If less, then no verification is required.

Simplified form

The reasons why simplified certification is carried out in the office are as follows:

There are many identical workplaces in offices, and therefore the commission does not need to check them all, 20% is enough.
Some office employees work remotely and certification does not apply to them.
Measurements and examinations are not carried out if no harmful factors are found at work, and they usually do not exist in offices.

But still, unhealthy factors in offices are present, they are:

The EM field that occurs due to the operation of office equipment.
The work of employees is intense.
Work surfaces may create glare.

But the commission does not consider the listed factors to be unequivocally harmful, therefore, it simply does not take them into account when conducting the SOUT. Documentation for office equipment is not subject to verification, therefore it is not possible to prove its safety. And the intensity of work is a thing that is generally difficult to classify and is subjective.

In conclusion

In 2017, companies that have not yet implemented SOUT in their offices should definitely do this in order to avoid problems with regulatory authorities. You should not be afraid of such a check, because it has a simplified form, and the commission rarely finds fault. After a special assessment of the working conditions of office workers, the employer receives an appropriate declaration, which will have to be received again after five years.

Therefore, in conclusion, we say that, according to the new federal law, certification of workplaces of office workers is mandatory for all individual entrepreneurs and legal entities.

If there is an employee in the state with whom an employment relationship is formalized, it is mandatory to carry out (SOUT - Special Assessment, - ed.), even if the enterprise belongs to a small business. None of the legal forms of ownership, which contains the requirements for the SOUT procedure, contains restrictions. The only place is at the workplaces of homeworkers, remote employees and persons who have entered into labor relations with individuals who are not individual entrepreneurs (Individual entrepreneur, - ed.).

Special assessment has become the main priority in labor legislation. The procedure involves the identification of harmful and dangerous factors in the workplace through an in-depth analysis of local regulatory documentation and instrumental measurements. This allows you to either confirm the compliance of working conditions or assign compensation and benefits to employees when harmful and dangerous factors are identified, as well as develop measures to rationalize (improve) the conditions.

Attempts to exclude or give privileges to small, medium and large businesses under the previously existing procedure - (ARM, - ed.) were made quite often. Over the long history of the procedure, it was possible to influence only the abolition of the assessment of the prevailing part of the workplaces of office workers. Official amendments to the procedure for conducting AWS were made on December 12, 2012. But the new requirements were so ambiguous that they gave rise to even greater misunderstanding. A month later, the department sent clarifications to the Order, which stated that:

a) the primary AWP, despite the requirements, should be carried out at all places without exception;
b) Certification for office places of employees employed at the PC 50 percent or more of the working time continues to be mandatory.

Statistics showed that most of the jobs met the requirements of points a and b, since out of 48.7 million jobs in the Russian economy, only 6 million jobs were certified.

When , small business also has requests to the executive authorities to cancel the procedure for it or apply relief in order to eliminate the financial burden, since the SOUT is a service of an independent appraiser. In particular, with numerous appeals from representatives to the Tyumen Regional Duma, the deputies decided to develop a draft law “On Amending Article 27 of the Federal Law “On a Special Assessment of Working Conditions”, which proposes to impose a temporary moratorium on jobs related to small businesses . According to OK. Nevidailo, Commissioner for the Protection of the Rights of Entrepreneurs in the Tyumen Region:

Quote:‘The bill provides that the requirements of Federal Law No. 426-FZ will not apply to employers who are small and medium-sized businesses. Thus, it is possible to contain the deterioration of the business environment associated with . Also, it will give additional time for further improvement of this procedure in order to minimize the negative economic consequences’

It is also assumed that a slight delay in time will create a competitive market in the regions of the country, which will help curb unreasonable price increases and reduce the costs of employers to attract organizations from other subjects.

Unfortunately, the problem of the lack of accredited laboratories or their limited number in many regions of the country exists and is visible. And this further affects the increase in the cost of services. For example, in Tyumen, employers often have to resort to the efforts of Moscow or organizations in Yekaterinburg, which include travel expenses in the cost of the service, hence the cost per unit of workplace can reach from 3,000 to 5,000 rubles. While, if you order a local organization to carry out a SATS, the assessment of the workplace cost about 1,500 to 2,300 rubles. There were cases when in the Altai Territory, the Khanty-Mansiysk Autonomous Okrug, customers were offered a cost of 7,000 to 10,000 per workplace due to the workload of laboratories. Under such conditions, it is difficult to choose a service provider.

Note, for one workplace at the enterprise "microbusiness" is 1.5-2 times higher than the cost of a unit of workplace in a large organization due to cost-effectiveness.

We also decided to check with the head of the central laboratory for the examination of working conditions of the Federal State Budgetary Institution "All-Russian Research Institute for Labor Protection and Economics" of the Ministry of Labor of Russia "A.A. Lyubimov:

Quote:‘It is unlikely that such changes could be made, as any relaxation for small businesses could create some kind of conflict of interest with representatives of large businesses. Because small businesses often also carry out complex types of work that can lead to injuries, serious occupational diseases and deaths among workers. And their exclusion from the list will mean that workers in this category will simply remain unprotected. A violation of the rights of workers should not be allowed. This approach is the main task of the special assessment, and not the suppression of the interests of small businesses.

For small businesses (SOUT) is a mandatory procedure, as well as for other business entities using hired labor (Article 22 of the Labor Code of the Russian Federation). Even if the enterprise or individual entrepreneur has only one employee, a special assessment must be carried out. An expert opinion on the nature of the working conditions created by the employer will not be required, only if:

existing staff positions are vacant;

employees carry out labor functions remotely (at home).

The rules for conducting a special assessment are prescribed in the law on SOUT of December 28, 2013 No. 426-FZ. According to legislative norms, the employer must involve only accredited experts to assess the level of safety of working conditions at the workplace, their full list is presented ]]> on the website of the Ministry of Labor ]]> .

Terms of special assessment of working conditions for small enterprises

Employers should conduct a special expert assessment of working conditions instead of attestation of workplaces from 2014. This is necessary to identify the level of safety of work at a particular workplace.

The frequency of scheduled inspections is at least once every 5 years. All employers who conducted the last certification before 2014, and those who did not do a special assessment at all, should conduct a special assessment of working conditions in 2018: the deadline for completing the SOUT for them is December 31, 2018.

Failure to carry out the SAOT threatens employers-legal entities (including small businesses) with a fine of 60-80 thousand rubles, and officials will be fined 5-10 thousand rubles. (Clause 2, Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).

Drawing up a list of jobs for which it is necessary to evaluate. Similar jobs can be combined into groups to minimize the costs of the employer.

Selection of an expert organization, conclusion of an agreement with it.

Providing experts with a complete set of documentation they need.

Identification of workplaces that pose (or may pose) a danger to the health and life of workers. At this stage, labor and production factors that harm a person are identified. The detected signs are grouped in accordance with the classification system from order No. 33n.

Compilation of a report on the survey of jobs. The document is signed by all participants in the measures for assessing working conditions (both from the side of the expert organization and from the side of the employer), and employees are also familiarized with the results against signature.

When the special assessment is completed, the employer, within 30 days after the approval of the report, notifies the regulatory authorities about the degree of compliance of the existing conditions at the work facilities with the regulatory parameters (optimal or acceptable). To do this, a declaration is submitted, reflecting the degree of compliance of working conditions with legislative standards. The declaration remains valid for 5 years, and if no occupational diseases or accidents are detected during this period, it is extended for the same period.

The result of the special assessment is the assignment of hazard classes to workplaces. Getting 1 and 2 class means the optimal and acceptable level. If negative factors threaten the health of employees, class 3 or 4 is assigned (harmful and dangerous conditions) - in this case, the conditions identified by the audit are included in the employment contracts of employees, they must be provided with all legal guarantees and

Small enterprises are required to conduct a special assessment of working conditions in 2018-2019, regardless of the taxation regime and the working conditions of employees. In what places to conduct, how much it costs and what threatens with responsibility for not conducting the SOUT, read in the article.

What is a special assessment of working conditions for small enterprises

A special assessment is a set of events during which a specially invited organization determines which classes and subclasses the working conditions at all workplaces in the organization belong to. The procedure for this procedure is prescribed in the Law of December 28, 2013 No. 426-FZ. The methodology was approved by the order of the Ministry of Labor dated January 24, 2014 No. 33n.

If, as a result of a special assessment, optimal or permissible working conditions have been established for workplaces, that is, class 1.0 or 2.0, nothing needs to be done. If harmful or dangerous conditions of class 3.0 or 4.0 are revealed, it is necessary to provide employees with additional guarantees and compensations. We are talking about increased pay, additional leave and reduced working hours.

In mid-2018, the Ministry of Labor issued a letter reminding employers that they must complete the special assessment by December 31. And he pointed out that it is unacceptable to violate the law (letter dated 06/01/2018 No. 15-4 / 10 / B-4010). Step-by-step instructions on how to conduct a special assessment in your company.

Who is obliged to conduct a special assessment in 2018-2019

A special assessment of jobs is mandatory for all employers, including small businesses. A special assessment of working conditions for micro-enterprises in 2018-2019 is also necessary. There are no benefits for anyone. The exemptions are for employees only.

There is no need to conduct a special assessment at the workplaces of homeworkers and remote workers. Also, there is no need to evaluate vacant jobs where a vacancy hangs (letter of the Ministry of Labor of Russia dated March 14, 2016 No. 15-1 / OOG-1041).

If the organization works in a rented office, a special assessment is mandatory. The working conditions in all workplaces should be assessed. If the company moves, do not conduct a special assessment yet. Host events in your new office. Deadline - within 12 months after the move (letter of the Ministry of Labor dated January 23, 2017 No. 15-1 / OOG-169).

A special assessment of working conditions for individual entrepreneurs in 2018-2019 is carried out according to the same rules that are provided for companies.

How to conduct a special assessment of working conditions in order to protect the company from the claims of inspectors, see the visual diagram. Download a document that will help you estimate the scope of work, save time and money on a special estimate.

Which organizations are engaged in special assessment of jobs

The company is not entitled to conduct a special assessment on its own. It is necessary to conclude an agreement with a specialized organization that has accreditation. A list of companies that are entitled to engage in special assessments can be found on the website of the Ministry of Labor.

The cost of a special assessment of working conditions for small enterprises in 2018 (changes are possible in 2019) depends on the number of jobs. The average cost is from 1.5 to 3.5 thousand rubles. for a workplace, but find out specific prices from the organization you want to apply to. The price of services depends on the parameters of production, the characteristics of jobs, the number of employees.

How to choose an organization for a special assessment of jobs

Answered by Ivan Shklovets

Deputy Head of the Federal Service for Labor and Employment

“The procedure for admitting organizations to activities for conducting a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities for conducting a special assessment of working conditions is established by the Decree of the Government of the Russian Federation dated June 30, 2014 No. 599. This is stated in Articles 19 and 22 of the Law of December 28, 2013 No. 426-FZ.

How small businesses conduct a special assessment in 2018 - 2019

At the first stage, your company creates a commission, approves a list of jobs for a special assessment. The composition of the commission and the list of jobs are approved by the head of the company and signed by the order.

At the second stage, the commission concludes an agreement with a specialized company, which examines jobs and prepares a report.

At the third stage, members of the commission sign, the chairman approves. It is necessary to complete the special assessment, that is, to approve the report no later than December 31, 2018.

Detailed step by step instructions. how to conduct a special assessment of the working conditions of employees, .

What to do with the results of the special assessment

With the results of the special assessment, you are obliged familiarize workers within 30 calendar days. It is not necessary to submit a full report to everyone. You can simply show everyone a special assessment card of his workplace.

If working conditions are recognized as harmful or dangerous, you are obliged to provide guarantees and compensations to employees: increased pay, additional leave and reduced working hours.

In addition, conclude additional agreements with employees to employment contracts. Indicate in the agreements the changed working conditions based on the results of the special assessment, as well as guarantees and compensations.

If you have your own website place special valuation data on it. Specify the classes and subclasses of working conditions in the workplace. Add a list of measures to improve working conditions at the assessed workplaces. This is also given 30 calendar days from the moment the report was approved.

Contact the Labor Inspectorate. Submit a declaration of compliance with working conditions as normal if your jobs were recognized as optimal or acceptable, that is, they were assigned class 1 or 2. The deadline is 30 working days from the day the report was approved.

A re-special assessment of the jobs that you included in the declaration is necessary only if:

there will be an accident at work;
reveal a pro-disease;
labor inspection will find violations of labor protection.

Do not include jobs with potentially harmful production factors in the declaration.

What are the penalties for failing to conduct a special assessment?

Finally, the last question is a special assessment of working conditions: fines and sanctions 2018 - 2019. The penalty for the lack of SOUT in 2019 is the same as in 2018.

The law obliges small businesses and micro-enterprises to conduct a special assessment of jobs (Article 212 of the Labor Code). If you do not conduct a special assessment by the end of 2018, you will be fined from the 2018-2019 SOUT. The fines for non-conduction of the SOUT in 2018 - 2019 are as follows (Article 5.27 of the Code of Administrative Offenses): for an organization - from 60 to 80 thousand rubles, for the head of the organization and individual entrepreneurs - from 5 to 10 thousand rubles. For other sanctions for violation of labor and migration laws, see

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