Register for a special assessment of working conditions. Organizations conducting a special assessment of working conditions. Complexity of conducting

21.08.2014

Special assessment of working conditions

From January 1, 2014, Federal Laws of December 28, 2013 N N 426-FZ "On Special Assessment of Working Conditions" (hereinafter - Federal Law N 426-FZ) and 421-FZ "On Amendments to Certain Legislative Acts Russian Federation in connection with the adoption of the Federal Law "On Special Assessment of Working Conditions" (hereinafter - Federal Law N 421-FZ). In accordance with Federal Law N 421-FZ, amendments have been made to the Labor Code of the Russian Federation, which abolish the procedure for attesting workplaces for 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 Personified Accounting in the Compulsory Pension Insurance System "and the Federal Law" On Special Assessment of Working Conditions "” came into force.

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

The revised declaration is submitted to the places subject to special assessment in 2014, 2015 and before May 1, 2016. and not declared before this time. For a special assessment carried out after May 1, 2016. and up to the present, the limitation of filing a declaration of 30 working days from the date of approval of the report on the implementation of the SAWS continues to operate.

The declaration is submitted by the employer on time no later than 30 working days from the date of approval of the report on the special assessment of working conditions (hereinafter - special assessment). For violation of the term and rules for filing a declaration, the employer can be brought to administrative responsibility.

The declaration of conformity of working conditions is drawn up by the employer and submitted to the State Labor Inspectorate in the city of Moscow or sent by post with a list of attachments and a receipt acknowledgment.

To submit a declaration by mail

cover letter with the phone number of the performer

Order of the Ministry of Labor of Russia of 11/14/2016 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 electronic document signed by a qualified electronic signature employer, by filling out the declaration form on the official website Federal Service on 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 duty 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 02/07/2014 N 80n (as amended on 11/14/2016) "On the form and procedure for filing a declaration of conformity of working conditions to state regulatory requirements for labor protection, the Procedure for the formation and maintenance of a register of declarations of conformity of working conditions to state regulatory requirements labor protection "(as amended by the Order of the Ministry of Labor No. 642n dated 11/14/2016)

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

The register of experts conducting SAWS 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 the city of Moscow:

Declaration of conformity of working conditions (form 80n (as amended by the Order of the Ministry of Labor of Russia of 11/14/2016 N 642n) - 2 copies (original + copy)

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

· Title page of the report ("Approved") (copy)

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

A summary sheet of the results of a special assessment of working conditions

The materials must be brought to the State Labor Inspectorate in the city of Moscow at the address:

In 2019, conduct special assessment only accredited companies are entitled to labor. The register of such organizations is maintained by the Ministry of Labor of the Russian Federation. You can view and download the list for free and without registration in the article.

Tell your boss:

What organizations are entitled to conduct SAWS

Only specialized organizations have the right to carry out a special assessment of labor. The employer does not have the right to independently conduct a special assessment of labor (part 2 of article 8 of the Federal Law of December 28, 2013 No. 426-FZ).

The register of organizations conducting SOUT is maintained by the Ministry of Labor of Russia on the official website. You can view the register of organizations conducting SOUT by following the link.

To control how employers comply with the requirements for conducting a special assessment, Rostrud will use various methods. Ivan Shklovets, Deputy Head of Rostrud, told the editorial office about this. Interview with officials.

Which organizations the Ministry of Labor included in the SOUT register in 2019

A special assessment of working conditions is carried out by organizations that meet the requirements of Article 19 of Law No. 426-FZ (letter of the Ministry of Labor of Russia dated 01.22.14 No. 15-1 / B-30). Organizations that provide services in the field of special appraisal and meet the requirements are included in the register by the Ministry of Labor.

The main requirement is that organizations conducting a special assessment of working conditions must be independent in relation to the customer SOUT.

In addition to independence, organizations for conducting a special assessment of working conditions must meet additional requirements. The Ministry of Labor includes in the register of organizations conducting SOUT only those companies that fulfill all the requirements (see table).

Accredited organizations for special assessment of working conditions: requirements

Where to see the register of organizations conducting a special assessment of working conditions

The register of accredited organizations for SOUT is maintained by the Ministry of Labor and social protection RF. This register also lists the experts of SOUT of such companies. The information is posted in the public domain on the official website of the department.

How to choose an organization for conducting a special assessment of workplaces

Ivan Shklovets answers,

Deputy Head of the Federal Service for Labor and Employment

"The procedure for admitting organizations to carry out 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 to conduct a special assessment of working conditions is established ..."

Finding the register on the website of the Ministry of Labor is easy. To do this, go to the section "Services and automated Information Systems"At the bottom of the website of the Ministry of Labor and select the" Unified All-Russian Information System for Labor Protection "tab. Next, you will be taken to the unified all-Russian reference and information system for labor protection (akot.rosmintrud.ru) - the official website where you can find the register of organizations conducting SAWS.

To date, the list of organizations that conduct a special assessment of working conditions includes more than 400 companies.

The employer has the right to independently choose from the companies entered in the register the one with which he will conclude a contract for the assessment. One, two or more companies can be involved in the assessment. It is not prohibited. The work between them can be divided both by the number of jobs subject to special appraisal, and by the types of work performed at the workplace.

An organization may refuse to conduct an assessment if the employer does not provide the necessary documentation or refuses to provide the conditions for measurements and assessments required by regulatory documents.

Updated 04.22.

Currently, the procedure for carrying out a special assessment of working conditions is strictly mandatory for both micro-enterprises and large corporations. This requirement has been established. At the same time, Article 8 of the specified normative legal act fixes that the implementation of the SAWS should be entrusted to a specialized organization that has the necessary characteristics and meets the requirements established by the current legislation. One of these requirements is the need to enter data about it in the register of organizations conducting SAWS.

Special Assessment of Working Conditions (SAWC): register of accredited companies

According to Article 21 of FZ-426, maintaining a register of organizations for SAUT, that is, those who have the right to carry out a special assessment, is charged with the responsibility of the federal state body, which is responsible for regulating and monitoring the situation in the field of labor protection. At the moment, these functions have been transferred in full to the Ministry of Labor and Social Protection of the Russian Federation (Ministry of Labor), which is responsible for maintaining the corresponding state register. At the same time, subparagraph 6 of this article requires the posting of the necessary information on the Internet, therefore, a specialized resource was chosen as a platform for posting information to be entered in the register of the Ministry of Labor.

Registry features

The form posted on the site allows you to find out which organization provides services for conducting SAWS and check whether it has the appropriate accreditation. Among other things, you can search by its name, location (accurate to the federal district, region or at a specific address), as well as by the values ​​of the TIN and OGRN codes. In this case, if necessary, you can use the filter, which makes it possible to select companies that have sufficient legal grounds to carry out activities, organizations whose work was suspended until the violations were eliminated, and institutions excluded from the register of declarations.

Information to be entered in the register of a special assessment of working conditions

Entering data about a company that has a legitimate right to conduct SAWS is carried out on the basis of the Decree of the Government of the Russian Federation of June 30, 2014 N 599 "On the procedure for admitting organizations to activities to conduct 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 to conduct a special assessment of working conditions, as well as the formation and maintenance of a register of organizations that conduct a special assessment of working conditions. " The rules for admitting companies to carry out special assessments, which are an annex to this document, establish an exhaustive list of data, including the scope of accreditation, that applicants must provide for entry into the register of experts for a special assessment of working conditions.

Information provided for entry into the register of organizations SOUT

In particular, the data provided by the company organizing the work on the special assessment of working conditions include:

• some details of the company, including its full name, corresponding to the constituent documents, as well as TIN and OGRN codes;
• contact details of the organization, including its own address and the addresses of its representative offices and branches, as well as the e-mail address and surname, name and patronymic of the head of the enterprise;
• information on the organization's compliance with the requirements established by Article 19 of FZ-426.

Requirements for the organization conducting SOUT

The requirements described in this article include conditions regarding the technical equipment of the organization, the qualifications of its personnel and the content of the constituent documents. In particular, an organization applying for inclusion in the register must meet the following conditions:

• the main type of activity recorded in all without exception constituent documents, - special assessment of working conditions;
• the organization has a laboratory SOUT, accredited by the Federal Accreditation Agency;
• At least five experts with certificates for special assessment work in the company's staff for SOUT under an employment contract, and at least one of them graduated from a university in a specialized specialty.

After making a decision on inclusion in this list, the Ministry of Labor also indicates in it the date of the organization's inclusion in the list. In addition, in the event that decisions were made in relation to the company to suspend, resume or terminate work, the dates of their adoption are indicated in the register.

Organizations entitled to carry out a special assessment

As of today, 392 organizations provided their necessary information, confirmed by relevant documents, to the Ministry of Labor, which, as a result, were entered into the register. An employer wishing to order the SOUT procedure should first refer to this information resource to make sure that the company he has chosen really has legal grounds for carrying out a special appraisal at the enterprise. After that, it is necessary to study the websites of organizations conducting SAWS, familiarize yourself with the regulations on SAWS for the enterprise operating in the selected company, and conclude an official contract for the provision of services.

Transitional period for carrying out SOUT at enterprises

At the same time, it should be borne in mind that at the moment some companies that are not included in this section of the register also have the right to act as contractors when conducting a special assessment. This opportunity is provided to them by Article 27 of FZ-426, which introduces the so-called transitional period for the introduction of SOUT. During this time, the answer to the question of how the SOUT is carried out at the enterprise can be given with the involvement of one of the following types of companies:

• organizations that are certified in accordance with all the rules for carrying out SOUT in accordance with FZ-426;
• organizations with valid accreditation for certification of workplaces, issued in accordance with the procedure fixed in Art.

The latter have the right to carry out activities permitted by the existing accreditation, within the period of its validity, but no later than December 31, 2018. However, despite their temporary legal status, the Ministry of Labor closely monitors their work. In particular, in order to ensure that when the employer organizes work on the SAWS, the latter has the opportunity to make sure that there are legal grounds for the operation of such enterprises, the department maintains a separate register of institutions working within the framework of the transition period. It currently has 199 companies. Thus, today in the Russian Federation there are 591 companies that have the right to conduct a special assessment of working conditions.

To get into the register, you must submit an application, the form of which is not regulated, to the Ministry of Labor. The following information must be included in the application: about the company, confirmation of compliance with the requirements of Art. 19 of Law No. 426-FZ. Within 20 days, the information should be included in the register. Refusal is possible if information is inaccurate or incomplete.

We present the register of organizations conducting a special assessment of working conditions (hereinafter referred to as SOUT). It contains information about companies entitled to this type of activity. Let's consider the principles by which this register is formed.

General requirements for organizations conducting SOUT

Carrying out such a responsible procedure as SOUT can only be entrusted to organizations that comply with established requirements... The characteristics that an organization must have in order to be admitted to the SAWS are set out in Art. 19 of the law of 28.12.2013 N 426-FZ "On special assessment of working conditions":

1. SOUT must be indicated in the constituent documents of the company as one of the activities.
2. The organization must have at least five experts on SOUT
3. The organization must have a testing laboratory, undergone the procedure accreditation.

Information entered in the register

The register contains the following information about the organizations included in it (clause 13 of Resolution No. 599):

1. Name and location. If there are branches and representative offices, information is indicated for each of them.
2. INN, ORGN.
3. Registration number in the register.
4. Date of inclusion in the register.
5. Date and grounds for the suspension of the SAUT activity.
6. Date and basis for the resumption of activities.
7. Date and grounds for exclusion from the register.

The decisions of the Ministry of Labor on the inclusion of the company in the register, records on the suspension, resumption of activities or exclusion from the register are the basis for admitting the company to conduct SAWC or for prohibiting the conduct of this activity.

Procedure for maintaining the register

Information about the company is entered into the register on the basis of an application. The application form is not regulated, but it must contain general information about the company and confirmation that the applicant complies with the requirements of Art. 19 of Law No. 426-FZ.

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The Ministry of Labor considers the application and makes a decision on inclusion in the register within 20 working days. The decision to refuse can be made when providing incomplete or inaccurate information.

The activities of the company for carrying out the SAWS may be suspended in following cases(Clause 15 of Resolution No. 599):

1. Bringing the organization to responsibility in the form of administrative suspension of activities
2. Suspension of testing laboratory accreditation.

The Ministry of Labor, having received relevant information from other departments, makes an entry in the register about the suspension of activities within 5 days.

If the reasons for the suspension have been eliminated, then the organization can send a statement to the Ministry of Labor, attaching supporting documents. The department examines the request and, within 20 working days, makes an entry in the register about the resumption of activities.

An organization can be excluded from the register in the following cases (clause 20 of Resolution No. 599):

1. Termination of activity. It is meant as its termination "in general", i.e. liquidation or reorganization of the company, and completion of activities only in the field of SOUT.
2. Termination of the accreditation of the testing laboratory
3. Termination of the certificate of an expert on SOUT, if after that the number of full-time experts in the company is less than that provided for by law.

All information in the register is stored indefinitely and is freely available (posted on the website of the Ministry of Labor).

Conclusion

All up-to-date information about organizations conducting SOUT is contained in state register... The entry in it is a confirmation of the company's right to conduct activities in the field of SOUT. The Ministry of Labor maintains this register and monitors the implementation of the legislation on SOUT by the organizations located in it.

When choosing a company that will assess working conditions for hazard and harm, an employer should take into account that not all companies are entitled to carry out an assessment. The register of organizations conducting a special assessment of working conditions is maintained at the state level.

Valuation legislation

The main provisions on labor assessment, the need for its implementation are established in the Labor Code of the Russian Federation. In addition to this document, a separate law was adopted, which regulates in more detail the conduct and results of such an assessment - Law of December 28, 2013 N 426-FZ. The Ministry of Labor, in turn, by its Order of 01.24.2014 N 33n approved the following documents:

• assessment methodology;
• classifier of hazardous and / or harmful production factors;
• the form of the report on the assessment;
• instructions for filling out the form.

Who is assessing?

To carry out a special procedure for assessing jobs, the company's management invites an independent organization. This organization should conduct an analysis of the state of the existing working conditions in the customer's company. Purpose of the assessment:

• to identify whether there are factors in production that can be harmful or dangerous for workers;
• assess the impact of negative factors on working people;
• determine if there are deviations in the established standards, and the degree of such deviations;
• assess whether the protective equipment used in the work is effective.

Register of organizations and experts

The Ministry of Labor maintains a register of organizations that can carry out a special assessment. Experts from these organizations are also listed in this register. Such information is freely available on the official website of the department.

The official website of the Ministry of Labor is www.rosmintrud.ru. The register is located in the section "Services and automated information systems" (it is located at the bottom of the site). In this section (second column from the right), there is a field with the name "Registers of accredited organizations providing services in the field of labor protection, experts and organizations conducting SAWS".

The employer has the right to independently choose from the companies entered in the register the one with which he will conclude a contract for the assessment. The contract is of a civil law nature.

The principle of independence

The specialist company and its experts must be independent. When carrying out the assessment, they are obliged to be guided only by the requirements of the legislation governing the special assessment of the checked working conditions.

For this reason, a special assessment is not entitled to carry out, for example:

• companies, officials (managers) of which are founders (participants) of organizations (employers), whose workplaces are checked, as well as employees of these organizations, whose powers include organizing and conducting a special assessment;
• companies or executives who are in close relationship or property with the founders of organizations (employers), whose conditions are being assessed;
• officials executive authorities authorized to supervise this area of ​​activity.

A complete list of persons and organizations that cannot carry out a special assessment is given in part 2 of Art. 22 of Law N 426-FZ.

What jobs are being checked?

The employer must ensure that all available jobs are assessed, with the exception of jobs:

• remote workers (teleworkers);
• homeworkers (working at home, but using materials (tools) of the employer);
• workers at employers - individuals(not IP).

In addition, as the Ministry of Labor indicated in its letter, to assess the conditions for vacancy does not seem possible. This is due to the fact that in the absence of an employee, regular technological processes and production activities at such a place are not carried out.

Before the assessment is carried out, a commission set up in advance by the employer draws up a list (list) of jobs that should be evaluated.

Order of conduct

The assessment of the conditions existing in the organization is carried out in a strictly established sequence:

Stage 1 - identification (identification of potentially negative production factors);

Stage 2 - research of negative factors (testing, measurements);

Stage 3 - determination of the degree (class) of hazard (assignment, according to the results of research, of existing conditions according to the degree of hazard to a certain class (subclass));

Stage 4 - registration of results.

The results of the assessment of working conditions at the workplace

Based on the results of the special assessment, the organization conducting the assessment should establish the classes (subclasses) of the existing conditions. In total, four classes are distinguished according to the degree of harmfulness of existing conditions:

• optimal (the lowest level of negative factors or their absence);
• acceptable;
• harmful;
• dangerous.