Special assessment of working conditions definition. Special assessment of working conditions: rules and consequences

Date of: 24.02.2022

In accordance with the legislation of the Russian Federation, Russian employers have an obligation to conduct a special assessment of jobs. What are the features of this procedure? When is it carried out and what stages can it consist of?

Special assessment or certification?

Before studying what a special assessment of working conditions is, let's consider how this term differs from the concept of "certification". The fact is that they are often treated as synonyms. How legitimate is this?

In fact, a special assessment of working conditions is a procedure that was introduced by the legislation of the Russian Federation instead of the previously valid certification. What does it mean? Special assessment is largely a former certification. From the point of view of the basic procedures, they are really very similar, but they are close in purpose.

The certification existed until 2014. After it was replaced by a special assessment. However, until 2014, the concept of special assessment was also present in the legislation of the Russian Federation. It corresponded to the procedure for assessing working conditions, which was to be carried out in order to exempt the organization from additional transfers to the FIU.

In 2014, the rules of law governing the certification and evaluation of labor were actually combined and enshrined in a separate regulatory act. As a result, the term “special assessment of working conditions” is now used in the legal field of the Russian Federation, which largely combines the features of the previously valid certification.

In this sense, in a number of contexts, the concepts in question can be considered as synonymous, but not completely identical. Among those legal aspects that bring them closer is the provision of the law, according to which a company that has carried out attestation before the entry into force of laws on special assessment may not conduct a new procedure for 5 years from the moment the first one was carried out.

Let us consider the essence of special assessment in the modern sense in more detail.

What is a special assessment of working conditions?

Under modern regulations is understood as a set of measures through which production factors are identified that are classified as harmful or dangerous in terms of impact on the body of an employee of an enterprise.

Conducting a special assessment of working conditions should be carried out at all types of workplaces, including those equipped with familiar computers and devices. It can be noted that earlier, when certification was carried out, such positions were not subject to analysis for the presence of dangerous or harmful factors.

According to the results of the special assessment, it receives one or another class of danger or harmfulness - in accordance with the criteria fixed at the level of federal standards. Depending on the corresponding indicator, the amount of additional employer contributions to the Pension Fund is determined.

If the special assessment of working conditions did not reveal harmful or dangerous factors, then the employer must notify the regulatory body - Rostrud. It can be noted that earlier, when attestation was in effect, such a declaration was not required to be sent to government departments.

The employer is required to conduct a special assessment of working conditions in relation to all available jobs, except for those classified as remote - that is, those located at home with employees working remotely. In addition, it is not necessary to carry out this procedure for individuals who act as employers, but are not individual entrepreneurs.

Subjects of special assessment

The law on the special assessment of working conditions defines the list of its subjects as follows:

The head of the employing company;

Commissions for the implementation of the special assessment;

A partner organization that carries out the main procedures in the framework of the assessment of working conditions in the company that is the employer.

The highest degree of responsibility for the quality of the special assessment, based on the provisions of the regulatory legal acts, is assigned to the commission, which is formed by the employing company, as well as to representatives of the partner organization, which carries out the main actions within the framework of the procedure under consideration.

Stages of a special assessment

The legislation also defines a number of stages within the framework of a special assessment of working conditions:

Preparatory, in which the company enters into a contract with an organization that performs the main work on the study of working conditions,

Identification, involving the performance by an external contractor with the appropriate status of his actions, which consist in the assessment and on specific work positions,

Reporting, involving the formation of special documents based on the results of a special assessment of working conditions.

Let us consider in more detail how the procedure in question is carried out. Among its most important stages in the preparation is the establishment of legal relations with a company that is a service provider for identifying harmful and dangerous factors in production.

Preparing for a special assessment: a contract with a specialized firm

Thus, the special assessment of working conditions presupposes that the employing organization seeks help from a competent organization. You need to sign a contract with her. How much can a special assessment of working conditions cost in this case? The cost of the contract is determined on a contractual basis based on:

The total number of jobs in the company;

For firms providing special assessment services for employers, the legislator establishes special requirements. Thus, the fact that a company detects harmful working conditions, as well as various hazardous production factors, should be reflected in the list of its main activities, which is recorded in state registers. The staff of this organization must employ at least 5 competent specialists. At the same time, one of them, or better if more, has a diploma of education in such specialties as a doctor in hygiene or sanitary and hygienic research. In addition, an organization that conducts a special assessment for employers should have its own laboratory at its disposal, in which harmful customers will be examined.

After the employer has established legal relations with a competent company prepared to conduct a special assessment, a special order is issued - on the formation of a commission that will organize the event in question, approves its schedule. Let us consider in more detail the tasks that this intracorporate structure solves.

Preparing for a special assessment: commission

The committee in question should include:

The head of the employing company, his proxies - most often these are the heads of the structural divisions of the company, lawyers;

The person responsible for solving labor protection issues;

Representative of the trade union - if the employees of the company are part of it;

Representatives of the company that conducts the special assessment.

The total number of members of the commission that ensures the conduct of the special assessment must be odd. It is worth noting that, according to some experts, representatives of a firm that performs the main actions under the contract within the framework of a special assessment of working conditions should not be considered as related to the commission in question.

One of the key tasks of the enterprise in the formation of the considered internal corporate structure is the selection of competent candidates from among full-time employees. The main document that defines the list of members of the commission is an order issued by the head of the company. The special assessment of working conditions is considered as an official procedure, the conduct of which must be correctly recorded in local regulations. The corresponding order fixes the procedure for the activities of the commission in question. As a rule, this document gives the considered internal corporate structure a wide range of powers. Among them is the adoption of local standards related to the special assessment of working conditions.

The first most important task of the commission for a special assessment is the formation of a list of intra-corporate workplaces where harmful or dangerous factors should be identified. This list is subsequently transferred to the organization with which the contract for the provision of special assessment services has been concluded. The next key stage of the procedure under consideration is identification. Let's study its features.

Identification stage of the special assessment

At this stage, the special assessment of working conditions thus involves the identification of harmful or dangerous factors within the workplace. This procedure includes comparing the conditions of the working environment in the company, as well as the characteristics of the labor process, with those factors that are reflected at the level of federal standards. The manner in which the identification of factors is carried out is also enshrined in separate sources of law, and the participants in the special assessment are required to follow the provisions that are reflected in them.

The main role in the procedure under consideration is played by a representative of the organization with which the employer has entered into a contract to conduct a special assessment of jobs. How competently he will carry out his work determines the efficiency and reliability of the results of the special assessment.

It should be noted that identification is not carried out for a number of jobs - their list is determined by separate provisions of the law. For example, these include those workplaces where employees receive compensation for harmful or dangerous working conditions.

The representative of the organization that conducts the special assessment may request from the employing firm various information from among those related to production control data. Based on the results of the identification stage of the special assessment, the conclusion of the company with which the contract for the implementation of the procedure in question is signed is formed.

Special assessment results

Let us consider in more detail how the results of the procedure in question are recorded. After the experts of the competent organization carry out their work within the framework of the identification stage, the working conditions in the firm can be classified as harmful or dangerous and assigned to the appropriate category. If such factors are not identified, then the employer must draw up a declaration that the working conditions in the company comply with the standards enshrined in legislation. It will be valid for 5 years. It can be noted that a mechanism is provided for extending this period - if no incidents occurred at the workplaces where the special assessment was carried out.

A declaration indicating that the special assessment of the conditions did not reveal harmful or dangerous factors must be sent to the territorial division of Rostrud, in whose jurisdiction is the territory in which the employer operates. To do this, you need to use the established form.

Based on the results of the special assessment, other reporting documents are formed - both the partner organization and the commission may be responsible for this. The main task of the participants in the special assessment is to record its results in all available completeness and with indication of reliable indicators.

Event dates

How often should a special assessment of working conditions be carried out? The terms of this procedure are determined at the level of federal legislation. In general, it should be carried out at least once every 5 years for a specific group of jobs. If the company has a valid attestation, but a special assessment has not been carried out, then the second procedure should be initiated immediately after the expiration of the document confirming the attestation.

If new jobs appear in the company, then an assessment of the working conditions for them should be carried out immediately after they are introduced into production processes. Such jobs include, as we noted above, even those that generally do not involve the presence of harmful or dangerous actors. Thus, a special assessment of the working conditions of office workers is carried out on the same grounds as in the case of a study at industrial enterprises.

Special valuation and insurance premiums

As we noted above, depending on the results of the procedure under consideration, the amount of the enterprise's insurance premiums to the Pension Fund is determined. In total, the definition of 4 hazard classes in the workplace is envisaged. The higher it is, the more significant will be the payment burden on the company. Specific rates for contributions to the PFR are set at the level of federal regulations.

In particular, if a special assessment of working conditions showed that jobs are defined as dangerous, then the employer will need to pay an additional contribution of 8% to the PFR. If the relevant factors are classified as harmful, their subclass matters. There is a minimum, and it involves the payment of additional contributions to the PFR in the amount of 2%. There is a maximum - in accordance with it, the payment burden is 2%.

If the special assessment made it possible to attribute jobs to those where the level of danger or harmfulness is acceptable or optimal, then the company does not pay additional contributions to the Pension Fund.

Sanctions for failure to carry out a special assessment

What happens if the company forgets to conduct a special assessment of working conditions or deliberately avoids it? In this case, the legislation of Russia defines a number of sanctions measures, which are enshrined in Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation. In accordance with the provisions of this source of law, the firm may be warned in case of failure to carry out a special assessment or fined.

So, if a person conducts business in the status of an individual entrepreneur, then he can be fined for ignoring the procedure in question in the amount of 5-10 thousand rubles. The organization may receive a penalty in the amount of 60-80 thousand rubles.

Summary

So, we investigated the essence of such a procedure as a special assessment of working conditions, the timing of this event. In accordance with the legislation of the Russian Federation, this special assessment must be carried out by all employers with office or industrial jobs. The main thing is to determine the class of danger or harmfulness for them, which will affect the additional deductions to the PFR.

To do this, you need to seek help from an external service provider for job evaluation in the company. The relevant organization must have the necessary competence. Its specialists should use an effective technique. Special assessment of working conditions is a responsible procedure and should be carried out by experienced experts.

The special assessment of jobs is close to attestation. In a number of legal relations in terms of legal status, it replaces it: for example, if certification was carried out in the company before 2014, then within 5 years from the date of its implementation, a special assessment in the company is not required. The exception is the emergence of new jobs in the company.

As conceived by the legislator, the special assessment replaces the attestation, and also supplements it with legal features that characterize the assessment of working conditions, which was previously used as a separate procedure.

If the special assessment is not carried out, then penalties may be imposed on the employing company. They may be higher than the costs of such a procedure as a special assessment of working conditions. Prices for it, of course, can be very significant for the company's budget. But the possible savings due to the absence of fines, as well as the reduction of contributions to the Pension Fund, may turn out to be a more important argument.

In principle, it is quite possible for the company's management to find a profitable contract for carrying out such a procedure as a special assessment of working conditions. Moscow and other large cities are sufficiently competitive markets in the segments in which the services in question are provided, so many firms are ready to become employers' partners at prices acceptable to both parties of legal relations.

Since 2014 all employers(companies and individual entrepreneurs) are required to conduct. The article shows the types of workers when a special assessment of working conditions is not required. It should be noted that the results of the certification of workplaces for previous years will be considered valid for five years from the date of conduct. In other words, if certification was carried out in your company, for example, in 2012, then a special assessment for labor will be needed only in 2017. The deadline for conducting a special assessment of working conditions is December 31, 2018.

Special assessment of working conditions in the office or liquidated organization

The company is in the process of liquidation, is it necessary to carry out a SOUT?

Until they are expelled from the Unified State Register of Legal Entities, they can find fault.

Is it necessary to conduct a special assessment of working conditions in relation to the workplaces of office workers (management personnel)?

Yes need. A special assessment of working conditions is carried out in relation to the working conditions of all employees working in an organization or for an individual entrepreneur. The exception is homeworkers and remote workers (Article 3 of the Federal Law of December 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”).

There was a rumor that the acceptance of annual financial statements for those taxpayers who did not care about the implementation of the SATS would be refused. Phone calls with such threats began to receive accountants.

Under the auspices of SOUT, commercial firms are trying to sell their services.

As for the 4-FSS report, it SOUT data are reflected at the beginning of the year, which means that data on the special assessment conducted this year will appear in the report for the 1st quarter of 2019.

What jobs need to be certified?

As a general rule, SUT includes the measurement of hazardous production factors during the implementation, for example, of regular production processes.

SOUT must be carried out at all workplaces, even on those where there is no “harmfulness” factor (for example, the workplace of an accountant, manager, director), with some exceptions (see below). With regard to jobs that are recognized as similar, it is sufficient to conduct a SATS for only 20% of such jobs (but not less than two jobs). Therefore, the results of the assessment will be distributed automatically to other jobs (Article 9 of Law No. 426-FZ).

Important! For example, if a company employs six auditors who are in the same room, use the same equipment (computer, printer, etc.), then their jobs can be considered similar and instead of six, only two jobs can be evaluated.
The jobs of a manager and an accountant (different functions, positions) cannot be considered similar and the 20% rule (but not less than two jobs) does not apply in this case.

There are also circumstances under which there is a need for an early assessment. They are listed in paragraph 1 of article 17. These circumstances include:

Identified occupational diseases caused due to the influence of harmful production factors on the employee.
Workplace accidents.

The transition from attestation to special assessment is regulated by Article 27 of Law No. 426-FZ. Law No. 426-FZ (clause 3, article 3) changed the list of jobs that are subject to special assessment. Differences in approaches to attestation and special assessment are described in the Table below.

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IMPORTANT about SOUT!!!

Penalties will start in 2019. The minimum fine is 60 tr. Evaluation data are shown in Table 5.

Is it necessary to conduct a SAOT if the organization has only a director, and wages are not accrued?

The employer must fulfill the obligations stipulated by labor legislation, including legislation on the special assessment of working conditions (Article 22 of the Labor Code of the Russian Federation). Also on the basis of Part 2 of Art. 4 of the Federal Law No. 426-FZ, he is obliged to ensure the implementation of the SOUT.

From the above norms it can be seen that for an organization in the state of which there are no employees, except for the director, there are no exceptions. Therefore, it is necessary to carry out a SOUT in relation to the workplace of the director.

The CEO cannot be a remote worker. If there is an office rental, then there is a workplace.

Note: But if the company is registered at the director's residential address, then he is already a homeworker!

Rostrud considers: there is an office rental - there is a workplace, if not for all employees, but for the general director - for sure. And even if the office rent is a necessary expense due to the legal address, and the general works at home. You have to pay - either for a special assessment, or a fine. Any worker, except for the CEO, can be a remote or homeworker.

There is an old, 2015 commentary of the Rostrud Information Portal "Onlineinspektsiya.RF", September 2015 on the Garant ... link

From 2020, fines for SOUT will automatically go

Starting from 2020, enterprises with jobs that have been operating for more than a year and for which there is no information about the conduct of the SATS in the FSIS SATS system will automatically begin to fine.

Data on SATS have been entered into the FSIS SATS since 2014, but in the first year not all SATS results were included in the system. Therefore, accurate data that you can use. To punish employers who did not conduct the SOUT, there is only from 2015. And employers will automatically be fined from 2020.

Until that time, the fine threatens only enterprises. Which the labor inspectorate in 2019 will check according to the plan or outside the plan. Now Rostrud is preparing draft legal acts. Which will regulate how the inspection will involve enterprises in automatic mode.

Companies who are required to conduct a SOUT

1 . Companies that did not carry out attestation of workplaces in previous years or did, but the validity of the results has already expired.

2 . Companies that have established new jobs (excluding teleworkers and homeworkers) or have changed their workflow.

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How to save on a special assessment of working conditions

Companies can evaluate jobs with optimal and acceptable working conditions once, and not every five years. Further, it is enough to include such places in the declaration of conformity. These and other amendments were introduced by Federal Law No. 136-FZ dated May 1, 2016 to Article 11 of Law No. 426-FZ, which has been in force since May 1, 2016.

After a special assessment, the company submits to the labor inspectorate. Previously, only places without harmful factors were included in the declaration. Now companies declare jobs with optimal or acceptable working conditions.

ADDITIONAL RELATED LINKS

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

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 business has more opportunities than medium and large businesses to do this.

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 has revealed the presence of harmful, dangerous conditions (classes 3.0 and 4.0), employees occupying such jobs are entitled to increased wages (4% or more of the salary, i.e. rates) and a reduced working 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 for an individual (not an individual entrepreneur). 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. The organizational structure, the size of SEs and micro-firms make 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.

1. What is a special assessment of working conditions and which organizations and individual entrepreneurs should conduct it.

2. Why should an employer conduct a special assessment of working conditions.

3. What legislative and regulatory acts regulate the conduct of a special assessment of working conditions.

Since 2014, certification of workplaces in terms of working conditions has been replaced by a special assessment, in connection with the adoption of the Federal Law of December 28, 2013 No. 426-ФЗ “On the Special Assessment of Working Conditions”. Information on the results of the special assessment carried out must be reflected in the 4-FSS report (Table 10) starting from the report for the first quarter of 2014. Moreover, all insurers must fill out table 10, including those who did not conduct a special assessment of working conditions (read more about the filling procedure in the article). However, despite the fact that the introduction of a special assessment of working conditions is no longer new, there are still many questions regarding the procedure for its implementation, its mandatory nature, etc. In this article, I propose to consider which organizations and individual entrepreneurs should conduct a special assessment and why.

First of all, let's understand what a special assessment of working conditions is. According to Article 3 of Law No. 426-FZ, a special assessment of working conditions is a set of measures to identify harmful and (or) dangerous factors in the working environment and the labor process and assess the level of their impact on the employee. Based on the results of its implementation, classes and subclasses of working conditions are assigned to workplaces, and an action plan is developed to improve working conditions.

Which employers and with what frequency should conduct a special assessment of working conditions

All employers must conduct a special assessment, such an obligation is established by paragraphs. 1 p. 2 art. 4 of Law No. 426-FZ, regardless of legal status (organization or individual entrepreneur), type of activity, number of employees, etc. Moreover, a special assessment of working conditions should be carried out in relation to all jobs, with the exception of homeworkers and remote workers (clause 3, article 3 of Law No. 426-FZ).

! Note: special assessment is also subject to workplaces where employees are engaged exclusively in working with a personal computer and other office equipment. Previously, such jobs were not subject to mandatory certification for working conditions.

A special assessment of working conditions must be carried out at least once every five years. However, in the presence of the circumstances specified in Art. 17 of Law No. 426-FZ, an unscheduled special assessment should be carried out (for example, when new jobs are introduced, there is an order from the labor inspectorate, in the event of an accident at the workplace, etc.).

! Note: if the employer carried out certification of workplaces in terms of working conditions, then a special assessment in relation to these workplaces may not be carried out within five years from the date of completion of the certification (if there are no grounds for conducting an unscheduled special assessment of working conditions).

Why does an employer need to conduct a special assessment of working conditions

The results of the special assessment carried out are used in the following cases:

1. As a justification for the costs of taking measures to improve working conditions and labor protection (purchasing personal and collective protective equipment for workers, conducting mandatory medical examinations) in order to reimburse them from the Social Insurance Fund.

The procedure for reimbursement of such expenses at the expense of the FSS and the list of expenses subject to reimbursement are established by Order of the Ministry of Labor of Russia dated December 10, 2012 No. work with harmful and (or) dangerous production factors. According to paragraph 3 of the Rules, the insured has the right to reimburse at the expense of the FSS, for example, the costs of:

implementation of measures to bring the levels of exposure to harmful and (or) hazardous production factors at workplaces in line with state regulatory requirements for labor protection;
, as well as flushing and neutralizing agents;
sanatorium-and-spa treatment of workers employed in work with harmful and (or) dangerous production factors;
conducting mandatory periodic medical examinations (examinations) of employees employed in work with harmful and (or) dangerous production factors;
purchase by insurers of first aid kits;
and other expenses specified in the Rules.

2. To justify the costs of taking measures to improve working conditions and labor protection (purchase of collective protective equipment, equipping workplaces, for example, with lighting fixtures, equipping recreation areas, etc.) for tax purposes.

3. To establish an additional rate of insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace. The sizes of additional tariffs are established by part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”:

Working condition class	Subclass of working conditions	Additional insurance premium rate
Dangerous	4	8.0 percent
Harmful	3.4	7.0 percent
	3.3	6.0 percent
	3.2	4.0 percent
	3.1	2.0 percent
Permissible	2	0.0 percent
Optimal	1	0.0 percent.

4. To calculate discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases.

The methodology for calculating discounts and surcharges to insurance rates for compulsory social insurance against industrial accidents and occupational diseases was approved by Order of the Ministry of Labor of Russia dated August 01, 2012 No. 39n. In accordance with it, the specific amount of the discount or premium is set by decision of the FSS within 40 percent of the approved insurance rate. In this case, the premium is set at the initiative of the FSS, and the discount is set at the request of the insured.

5. To establish guarantees and compensations provided for by the Labor Code of the Russian Federation for employees.

Guarantees for employees based on the results of a special assessment of working conditions are also provided for by Decree of the Government of the Russian Federation dated November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions.

6. For other purposes, the list of which is contained in Article 7 of Law No. 426-FZ.

So, we have clarified the "theoretical" aspects of a special assessment of working conditions: who, when and why should conduct it. In I will write about the “practical” issues associated with a special assessment: what is the procedure for conducting it and, most importantly, how the costs of conducting it are taken into account.

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Legislative and regulatory acts:

Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions”
Order of the Ministry of Labor of Russia dated December 10, 2012 No. 580n “On Approval of the Rules for Financial Support of Preventive Measures to Reduce Occupational Injuries and Occupational Diseases of Workers and Sanatorium and Resort Treatment of Workers Employed at Work with Harmful and (or) Dangerous Production Factors”
Federal Law No. 212-FZ dated July 24, 2009 “On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”
Order of the Ministry of Labor of Russia dated August 1, 2012 No. 39n “On Approval of the Methodology for Calculating Discounts and Surcharges for Insurance Rates for Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”
Decree of the Government of the Russian Federation of November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions”

How to get acquainted with the official texts of documents - see the section

A special assessment of working conditions in all organizations must be completed by December 31, 2018. The company's expenses for the next five years depend on its results. Who should conduct the SOUT and how to do it correctly - we will tell in the article.

Read in the article:

Who is required to conduct a special assessment of working conditions

The SOUT procedure is regulated by the Law of the Russian Federation No. 426-FZ and is a mandatory measure for examining the actual working conditions for each employer, regardless of ownership and types of economic activity. The exception is the jobs of municipal and state employees, but the rest of the personnel serving their needs is also subject to special assessment. Thus, each employer in the Russian Federation should conduct the SATS.

A special assessment at the workplace is carried out by the employer once every 5 years. The purpose of this measure for the state as a whole is to reduce the compensatory burden from the budget and reduce the number of preferential pensioners on lists No. 1 and No. 2. There must be a legal justification for the appointment of an insurance pension, in accordance with Article 30 of the Law of the Russian Federation No. 400-FZ, and this justification is special assessment of working conditions. Therefore, the employer is obliged to prove the need or absence of the need to pay an additional tariff for contributions to the Pension Fund of Russia.

It is the responsibility of the employer to justify the declaration of jobs. The declared jobs are a sign that for ten years it is possible not to return to the issue of assessing the working conditions of workers.

The commission should include labor protection specialists, employees of the personnel department, the main specialists of the enterprise - technologists, engineers, lawyers, economists, labor regulation engineers. Members of the commission must have all the information on production and technological processes, on the effectiveness of the tools used and the means of individual and collective protection, and know the principles for measuring the factors of the production environment. Ideally, members should have received prior training on how to conduct the SUT at a training centre.

The cost of such training is not high, but the knowledge gained during this short course will pay off with the right selection of the organization conducting the SUT and experts. During the course, the members of the commission will update their knowledge on, according to the signs of classifying jobs as similar, which will not allow the expert organization to abuse its powers and unreasonably overestimate the cost of assessing one job.

Responsible for the implementation of the SOUT in the organization is a labor protection specialist (if there is an OT service, its head), as well as the chairman and members of the commission. Conducting a special assessment is a joint task of the personnel management service and the OT service, so they will have to work closely. The formation of the base for conducting the SAUT is carried out on the basis of the staffing table. The labor protection service should provide methodological support to the commission in those to be assessed, excluding vacancies, remote and home-based positions from this list.

note

It would be useful to hold a meeting of the labor collective, at which it should be explained why the special assessment is being carried out, what benefits it brings, what harm can be done to the organization if the expert uses inaccurate data, including from employees.

If an expert initiates measurements of working time, it is necessary to show the labor process as it actually happens, without excesses in one direction or another. To do this, it is necessary that, even before the start of the special assessment, an analysis of the time spent on the performance of technological operations at potentially harmful and dangerous jobs should be carried out.

The Occupational Safety Specialist should always know where the most dangerous work areas are. Therefore, even before the expert arrives at the enterprise, it is necessary to analyze labor costs in the form of timing of working hours for seven shifts in the following professions:

gas cutter;
electric and gas welder;
Excavator driver;
loader;
loader driver;
electromechanic, electrician;
storekeeper;
operator 1C;
miller, turner;
slinger;
cableman-spider.

For a labor protection specialist, it is important to build a constructive dialogue with an expert from the OSH. An expert is, first of all, a practitioner who can provide invaluable assistance. He can provide, for example, not only a list of grounds for a medical examination in the SOUT card, but also generate a file indicating the points from order No. 302n for almost every workplace.

An expert is responsible for the quality of his work. At the same time, for all questions that were not answered by the expert, the maximum score for the harmfulness of UT will be given. This must be remembered. If there are grounds for disagreement, all issues should be resolved during the state examination of the UT.

Step-by-step algorithm for preparing for a special assessment

1. Draw up a preliminary calendar plan for the conduct of the SOUT. First of all, it is necessary to evaluate the jobs of those who are on the list 1 and 2 of the persons specified in parts 1 and 2 of paragraph 1 of Article 30 of the Law of the Russian Federation No. class of working conditions and on which a harmful or dangerous class of UT was established during the last workstation.

2. Prepare all technical and technological documentation for all machines and equipment on which workers work.

3. Make copies of job descriptions of employees, their shift schedules, prepare access to workplaces for the expert. If the expert cannot get to the workplace, he can establish a dangerous class of working conditions.

4. Time your working hours. We wrote about this above.

5. Be sure to prepare the equipment and machinery for the work of the expert - for example, organize the washing of windshields and side windows of the excavator, since the analysis of the light environment will be carried out.

6. Carry out maintenance of the units in time so that increased noise, knocks under the hood or soot from engine oil smudges do not spoil the microclimate at the workplace of drivers, mechanics, etc.

7. Adjust all instrumentation.

8. Conduct a general cleaning of the premises, do not forget to purchase and install vibration-damping floor coverings, damping wall panels in the workshops.

9. Take into account all the costs of improving working conditions when planning preventive labor protection measures for further reimbursement through the Social Insurance Fund.

If an expert establishes class 2 where class 3.1 and higher used to be, and at the same time the employer has not taken labor protection measures, the employee has the right to apply to the GIT or to the court with a claim for unreasonable cancellation of benefits and guarantees, since the actual working conditions remained unchanged.

How to conduct a special assessment of working conditions

A step-by-step algorithm for carrying out the SOUT from the Ministry of Labor, taking into account all the features and subtleties of this process, is posted for you in the Occupational Safety System. There you can also download memos and ready-made samples of the necessary documents.