Special assessment of working conditions (sout): why is it needed and who conducts it. Results of a special assessment of working conditions A special assessment of working conditions is carried out on the basis of

From the article you will learn:

1. How to prepare and document the conduct special assessment working conditions.

2. What are the stages of the process of conducting a special assessment of working conditions, what are the functions of the employer in this process.

3. How the results of a special assessment of working conditions are drawn up and where they need to be reflected.

4. What legislative and regulatory acts to be guided by when conducting a special assessment of working conditions.

According to paragraph 3 of Art. 9 of Law No. 426-FZ, the commission for a special assessment of working conditions must include a labor protection specialist. However, not every employer has such a specialist, what should be done in this case? In accordance with the Labor Code of the Russian Federation (Article 217), if the employer carries out production activities and the number of employees exceeds 50 people, then he must have a labor protection service or a labor protection specialist. If the number of employees does not exceed 50 people and in the absence of a separate service or specialist, the employer ( individual entrepreneur or the head of the organization) can assume the functions of labor protection, or transfer these functions to another employee, a third-party specialist or organization engaged under a civil law contract and providing labor protection services. Thus, in some cases, it is allowed to impose labor protection duties directly on the head (individual entrepreneur), however, regardless of who is appointed responsible, labor protection documents must be available and executed properly.

! Note: before carrying out a special assessment of working conditions, it is necessary to put in order the documentation on labor protection (register of instructions on fire safety etc.) since representatives of a specialized organization conducting a special assessment of working conditions may request these documents. I consider it inappropriate to describe in detail the entire set of documents and the procedure for filling them out in this article, if necessary, you can find the corresponding orders and recommendations of the Ministry of Labor of Russia (for example, “ Guidelines on the development of instructions for labor protection "from 13.05.2004). However, at least an order is required to appoint a person responsible for labor protection, as we found out, he can be a full-time specialist or labor protection service, an involved specialist or organization, or the manager himself (an individual entrepreneur).

2. Determination of jobs subject to special assessment.

The Commission determines the list of jobs for which a special assessment of working conditions will be carried out, and also identifies similar jobs. If there are similar jobs, a special assessment is made for 20 percent of those jobs (but not less than two), and the results are applied to all similar jobs.

Similar jobs are jobs that are located in the same type production premises equipped with the same (the same type) ventilation, air conditioning, heating and lighting systems, in which employees work in the same profession, position, specialty, carry out the same labor functions in the same working hours while maintaining the same type of technological process using the same production equipment, tools, fixtures, materials and raw materials and are provided with the same personal protective equipment (clause 6. Article 9 of Law No. 426-FZ). For example, if two accountants work in the same office in the same conditions, then these places are considered similar. However, if a lawyer works in the same office in exactly the same conditions, then workplace a lawyer is not the same as an accountant's workplace, as they have different positions.

! Note: before concluding a contract with an organization conducting a special assessment of working conditions, it is necessary to check staffing table other personnel documents (employment contracts, job descriptions etc.). The fact is that a special assessment is carried out in relation to the employer's workplaces, the number and composition of which are determined precisely according to the staffing table. First of all, a specialized organization will request a staffing table and, in accordance with it, determine the composition of the jobs to be checked, and, accordingly, the cost of its services. That is, it is in the interests of the employer that the staffing table (its latest revision) is relevant, so that there are no "extra" positions (which, for example, were previously, but then they were abolished or renamed, etc.). But at the same time, if you plan to create new jobs in the near future ( new department, new positions), then it is advisable to create and introduce them before carrying out a special assessment of working conditions, since if this is done later, it will become necessary to conduct an unscheduled special assessment of working conditions (Article 17 of Law No. 426-FZ).

3. Conclusion of an agreement with a specialized organization for a special assessment of working conditions.

Please note: a specialized organization must meet certain requirements established by law (Article 19 of Law No. 426-FZ).

4. Conducting by a specialized organization identification of potentially harmful and (or) hazardous production factors and their measurement (if such factors are identified).

5. Declaration of compliance of working conditions with state regulatory requirements for labor protection.

For workplaces where no hazardous factors have been identified, the employer submits to the labor inspectorate a declaration of compliance of working conditions with state regulatory labor protection requirements.

The form and procedure for submitting the declaration are established by Order of the Ministry of Labor of Russia dated 07.02.2014 No. 80n "On the form and procedure for submitting a declaration of conformity of working conditions to state regulatory requirements for labor protection, the Procedure for forming and maintaining a register of declarations of conformity of working conditions with state regulatory requirements for labor protection".

! note The declaration of conformity for working conditions is valid for five years. After this period, in the absence of accidents at work during the period of validity of the declaration (except for those that occurred through the fault of third parties) or detection of occupational diseases caused by exposure of the employee to harmful factors, the validity of this declaration is extended for the next five years.

6. Distribution of jobs by hazard classes and subclasses.

In relation to workplaces for which hazardous factors have been identified, a specialized organization conducting a special assessment carries out their assignment to the appropriate classes and subclasses of hazard (hazard). The characteristics of the classes and subclasses of danger are given in Art. 14 of Law No. 426-FZ. It is on the basis of this information that additional rates of insurance contributions to the Pension Fund of the Russian Federation are established in the future.

7. Drawing up a report.

Based on the results of a special assessment of working conditions, a specialized organization draws up a report on its implementation and transmits the report to the employer's representatives.

The information to be reflected in the report is listed in clause 1 of Art. 15 of Law No. 426-FZ. The report is signed by all members of the employer's commission and approved by the chairman of the commission. In addition, within thirty days from the date of approval of the report, it is necessary to familiarize all employees with the results of the special assessment of working conditions, as well as post the summary results of the special assessment on the employer's website, if any (clauses 5, 6, article 15 of Law No. 426-FZ) ...

! Note: the fact of a special assessment of working conditions, as well as its results, must be reflected in the 4-FSS report in Table 10 (you can download the report form and the procedure for filling it out, and read about the changes in the 4-FSS form since 2014).

So, we examined the procedure for conducting a special assessment of working conditions. Now, I hope you have a clear idea of ​​how the special assessment is carried out, what to pay special attention to when preparing for it and directly in the process. Well, in the next article we will deal with, perhaps, the most urgent issue for an accountant, related to a special assessment of working conditions - how to take into account the costs of its implementation.

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Legislative and Regulatory Acts

1. Federal Law of December 28, 2013 No. 426-FZ "On special assessment of working conditions"

2. Labor Code RF

3. Order of the Ministry of Labor of Russia dated 07.02.2014 No. 80n "On the form and procedure for filing a declaration of conformity of working conditions with state regulatory requirements for labor protection, the Procedure for the formation and maintenance of a register of declarations of conformity of working conditions with state regulatory requirements for labor protection"

Find out how to get acquainted with the official texts of these documents in the section

Since 2014, on the basis of Federal Law No. 426-FZ dated 28.12.13 "On special assessment of working conditions", a special assessment of working conditions has been carried out, before that certification of workplaces was carried out. The meaning is about the same, but nevertheless some changes have been made.

It is necessary for all employers to carry out it. On the basis of the above-mentioned law, amendments were made, as a result of which administrative penalties were increased in case of refusal to carry out a special assessment, as well as toughened criminal punishment in relation to persons through whose fault an accident occurred at work.

In order for you to understand, before the adoption of Federal Law No. 426 of 12/28/13, the concept was applied as certification of workplaces and this was a mandatory procedure for everyone, without exception, according to the Labor Code of the Russian Federation, Article 212. Since 2014, a new concept has been established and is currently referred to as a special assessment of working conditions.

A special assessment is a set of uniform measures carried out consistently and aimed at identifying hazardous and (or) harmful factors in production and also aimed at identifying their impact on employees of the organization. The result of such an assessment is the establishment of working conditions for employees' workplaces by hazard classes and subclasses. The rules for conducting and determining the harmfulness are made on the basis of Federal Law 426.

Who should conduct a special assessment of working conditions (certification of workplaces)

In accordance with law No. 426-FZ, article 8, part 1 and the Labor Code of the Russian Federation, art. 212 and the obligation to conduct a special assessment lies with the employer, which is also carried out at his expense. All employers, both organizations and individual entrepreneurs who have employees on their staff, are obliged to carry out it.

If we talk about entrepreneurs who work for themselves without involved employees, then they do not need to carry out a special assessment of jobs. However, in the event that employees appear on the staff, there will be an obligation to carry out such a procedure.

Also, it is not required to carry out a special assessment to individuals who do not have the status of individual entrepreneurs who hire employees (According to Law No. 426-FZ, Article 3).

For which workplaces it is necessary to carry out a special assessment

There are a number of differences between the workplaces, which are now subject to a special assessment and for which the certification of workplaces was previously carried out.

So, earlier, certification of workplaces was carried out in the case of using hand tools, mechanisms, equipment, installations, machines, apparatus, devices and vehicles on them, in the presence of sources of danger. Since 2014, in the case of a special assessment, no such restrictions have been established, in this regard, it is carried out regardless of whether the above factors are present in the workplace or not.

Another difference concerns teleworkers and homeworkers. For these workplaces, certification of workplaces was carried out, carried out on a general basis. On the basis of Law No. 426-FZ, which is now clearly written on this issue, there is no need to carry out a special assessment of labor in relation to workers who work remotely.

Read also:

Responsibility for informal employment for the employer and employee

As for office employees, there are most of them and the issue deserves special attention. Earlier in the law there was no clarity about the need for attestation. Law No. 426-FZ clarified, since there are no restrictions on the relations of office employees, in relation to these jobs it is also necessary to mandatory carry out a special assessment.

To summarize, a special assessment must be carried out for all workplaces, with the exception of the following:

  • In case the employee is engaged in home work.
  • In relation to the workplaces of workers who work remotely.
  • If the employer is an individual who is not an individual entrepreneur.

The frequency of the special assessment

What is the timing of the special assessment? There is a scheduled check and an unscheduled one. The planned one must be carried out once every five years. If the workplace was certified, then a special assessment can be assigned 5 years after the completion of the certification.

However, cases are stipulated, upon the occurrence of which a special assessment is carried out an unscheduled check (before the onset of 5 years from the moment of the last carrying out:

  • With the commissioning of new jobs.
  • In the event of a change in the technological process, including the use of the composition of the materials used, and other innovations affecting the level of exposure to hazardous and harmful production factors.
  • In the event of an accident at work or the occurrence of an occupational disease, which are caused by dangerous and harmful conditions labor.
  • Based on the order of the labor inspector, as well as a motivational proposal coming from the trade union organization.

What is the threat of refusal to conduct a special assessment?

If the organization did not conduct a special assessment of labor, then it could be brought to administrative responsibility.

Until 2015, for such an offense, the employer was involved in accordance with the Code of Administrative Offenses of the Russian Federation Article 5.27, according to which the size of the fine for officials is from 1 to 5 thousand rubles, and for legal entities - from 30 to 40 thousand rubles. Another type of punishment is the suspension of the organization's activities for up to 90 days.

Since 2015, a fine for the lack of a special price has been levied on the basis of the Code of Administrative Offenses of the Russian Federation, Art. 5.27.1 and is:

  • For individual entrepreneurs and officials from 5 to 10 thousand rubles.
  • For legal entities it ranges from 60 to 80 thousand rubles.
  • A warning is also provided.

In the event of a repeated violation, the penalties will be more severe:

  • For individual entrepreneurs and officials it will be from 30 to 40 thousand rubles.
  • For legal entities persons - from 100 to 200 thousand rubles.
  • Instead of applying penalties, it is possible to suspend the activities of an organization (IP) for up to 90 days, and executive may be disqualified for 1-3 years.

What happens if an accident occurs, but there is no special grade?

In this case, the lack of results of a special assessment of working conditions in the organization (IP) may serve as evidence of the employer's guilt. If the guilt is proven, then the head can be prosecuted in accordance with the Criminal Code of the Russian Federation, Art. 143:

  • The amount of the fine can be up to 400 thousand rubles.
  • In the amount of a manager's salary from 8 to 18 months.
  • It is possible to apply punishment in the form of forced labor for up to 1 year or imprisonment for up to 1 year.

The general structural diagram of the SOUT is as follows:

In the diagram, gray rectangles indicate steps - actions.

Arrows show:

1) incoming information - documentation, etc. information required to complete the steps,

2) outgoing information - what is formed as a result of performing steps.

A detailed description of each step is set out in the corresponding sections of the step-by-step instructions:

Step 0 - Determine if and when to conduct a special assessment of working conditions

S.V. Polyashov, 2014

Where should SOUT take place?

  1. homeworkers,
  2. teleworkers,
  3. workers who joined labor Relations with the employer - natural person, who is not an individual entrepreneur ().

government civil servants and municipal civil servants held not by, but according to special normative legal acts for employees ( ) .

SOUT concerning working conditions employees admitted to information classified as state or other secrets protected by law, carried out in accordance with special regulatory legal acts ().

In other cases, SOUT should be carried out

Dates of SOUT

SOUT is carried out Once every 5 years... The term is calculated from the date of approval ().

If, before 01.01.2014, the organization carried out certification of workplaces, then within 5 years after its completion, you can not carry out SOUT ()

Unscheduled certification is carried out before the expiration of the 5 - year period in the following cases ():

  1. commissioning of newly organized workplaces;
  2. the employer receives an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with the violations identified;
  3. changes in the technological process, replacement of production equipment, which can affect the level of impact of production factors on workers;
  4. changes in the composition of the materials used and (or) raw materials that can affect the level of impact of production factors on workers;
  5. changes in the personal and collective protective equipment used, which can affect the level of exposure to production factors on workers;
  6. an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred through the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) hazardous production factors;
  7. the presence of motivated proposals from the elected bodies of primary trade union organizations or another representative body of workers to conduct an unscheduled special assessment of working conditions.

Step 1 - formation of a commission to conduct a special assessment of working conditions

S.V. Polyashov, 2014

Actions:

  1. Decide on the composition of the commission ().
  2. Issue an order on the creation of the commission and familiarize with it against the signature of the members of the commission ()

Outgoing documents:

  1. order (order on the composition and procedure for the activities of the commission for the SAUT) ()
A comment:

The commission is headed by the employer or his representative.

Number of commission members should be odd ().

The commission should include ():

  1. labor protection specialist;
  2. a representative of the trade union organization of the enterprise or other representative body of workers (if any).

For organizations classified as small businesses, the commission should include: ():

  1. employer - personally the individual entrepreneur himself, or the employer - the head of the organization (director, etc.),
  2. labor protection specialist - an employee of a given organization, or engaged under a civil law contract, or a representative of a specialized organization involved in performing the functions of a labor protection service (specialist).

The composition and procedure for the activities of the commission are approved by the order (decree) of the employer ().

Step 2 - development and approval of the list of workplaces where SAWS will be carried out with indication of similar workplaces

S.V. Polyashov, 2014

Incoming documents:

  1. staff organization schedule,
  2. list of those currently working.

Actions:

  1. develop and approve by the commission a list of workplaces where the SAWS will be carried out ().

Outgoing documents:

The form of the list has not yet been approved by law. The list of jobs can be done as follows:

Individual workplace number

The name of the workplace and sources of harmful and (or) dangerous factors of the working environment and labor process

The number of employees employed at this workplace (people)

The presence of a similar workplace (workplaces)

seamstress, sewing machine

production manager

director

Chief Accountant

Human Resources Manager

Similar jobs are marked with the letter "a" in the table.

Places are recognized as similar jobs ():

  1. located in one or more of the same type of production premises (production areas),
  2. equipped with the same (of the same type) ventilation, air conditioning, heating and lighting systems,
  3. in which employees work in the same profession, position, specialty,
  4. where employees perform the same labor functions,
  5. which have the same working hours,
  6. on which the same type of technological process is carried out,
  7. which use the same production equipment, tools, fixtures, materials and raw materials,
  8. where workers are provided with the same personal protective equipment.

This list will be required to conclude an agreement with a specialized organization for SOUT.

Step 3 - finding and attracting a specialized organization to SOUT

S.V. Polyashov, 2014

Incoming documents

  1. documents confirming the compliance of a specialized organization with the requirements( and ).

Actions:

  1. select an organization that has the right to conduct SAWS,
  2. check organization documents,
  3. determine what information, documents and information must be transferred to the organization that provides the SAWS under the contract (),
  4. conclude an agreement with the organization,
Outgoing documents
  1. civil contract for the implementation of the SAUT (), including information about documents that the employer is obliged to provide to the organization conducting the SAWS under the concluded agreement ( ),

Comments:

To carry out SOUT, it is necessary to conclude an agreement with a specialized organization corresponding to ().

Organizations previously accredited as certification organizations can carry out a special assessment of working conditions before the expiration of their existing ones as of 01.01.2014. accreditation certificates, but no later than 31.12.2018 ().

If the validity of the accreditation certificate of the laboratory of the attesting organization expires in 2014, then the organization has the right to carry out SOUT until December 31, 2014 ().

You can find such an organization on the page of SOUT companies by the link.

Before concluding a contract:

  1. study carefully constituent documents organizations and check them on the website of the Federal Tax Service (egrul.nalog.ru) or in response to a request from the Federal Tax Service - the name of the organization, TIN, KPP, ORGN, legal address must match; the organization must be operational;
  2. demand documents confirming the compliance of the specialized organization with the requirements (the employer's right to demand these documents is secured and);
  3. check the certificate of entry in State Register of accredited organizations providing services in the field of labor protection, compare with the corresponding entry on the official website of the Ministry of Health of the Russian Federation;
  4. study the accreditation certificate and the scope of accreditation - make sure that the studies you need are included in the scope of accreditation and that the validity of the accreditation certificate will not end before the completion of the SAUT;
  5. study the text of the agreement:
  • the contract must indicate which the documents, information and information the employer is obliged to provide the organization conducting the SOUT (). In case of failure to provide this information, documents and information,
  • the contract must indicate conditions that the employer must provide for the implementation of the SAWS. If the employer refuses to provide these conditions, the organization conducting the SOUT is obliged do not start or stop work ().
  • see what documents the organization conducting the SAWS will have to prepare - will it develop a schedule for the SAWS, declarations of conformity with labor conditions, etc.
Original Russian Text © S.V. Polyashov, 2014
Author: S.V. Polyashov, 2014. Copying is allowed only with the written consent of the author, and the presence of a mandatory active link to the website site

Step 4 - development and approval of the SAUT schedule

S.V. Polyashov, 2014

Incoming documents:

  1. documents that the employer is obliged to provide to the organization conducting the SAWS under the concluded agreement (),
  2. a list of places where the SAWS will be held with an indication of similar jobs ()

Actions:

  1. together with the organization conducting the SAWS, develop and approve the schedule for the SAWS ()

Outgoing documents:

  1. schedule for a special assessment of working conditions ().

A comment:

There is no officially approved schedule. At this step, you will have already signed an agreement with an organization for the SAUT, whose specialists will help you develop a schedule for the SAUT.

Step 5 - conducting identification of production factors

S.V. Polyashov, 2014

Incoming documents:

  1. Documents that the employer is obliged to provide to the organization conducting the SAWS under the concluded agreement (),
  2. a list of places where the SAWS will be held with an indication of similar jobs ()

Actions:

  1. Help the expert of the organization conducting the SAUT survey of workplaces and understand the technical and other documentation of your organization.
  2. Approve the identification results by the commission ().

Outgoing documents:

  1. identification results ().

A comment:

Identification is carried out by an expert of the organization for SOUT (). The identification procedure is described in detail.

The essence of identification: an expert on SOUT examines the documentation available to the employer (technical documentation for equipment, projects, the results of previously carried out measurements of harmful factors, etc.), conducts a survey of workplaces by examining them, interviews employees, etc. and identifies harmful factors.

Not subject to identification ():

1. workplaces workers, professions, positions, specialties of which are included to the lists relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which an early assignment of an old-age retirement pension is carried out;

2. workplaces, in connection with the work on which employees in accordance with legislative and other regulatory legal acts guarantees and compensations are provided for work with harmful and (or) dangerous working conditions;

3. workplaces, on which, according to the results of earlier certification of workplaces for working conditions or a special assessment of working conditions harmful and (or) dangerous working conditions have been established.

After identification, the workplaces will be divided into three groups:

  1. workplaces where harmful (hazardous) factors are identified;
  2. workplaces where harmful (hazardous) factors are not identified;
  3. jobs that were not subject to identification.

The Commission must approve the identification results ().

Step 6 - drawing up and sending to the appropriate state authority a declaration of compliance of working conditions with regulatory requirements

S.V. Polyashov, 2014

Incoming documents:

  1. a list of workplaces where harmful factors have not been identified.

Actions:

  1. draw up or read the declaration,
  2. send the declaration to the state authority ().
Outgoing documents:
  1. Declaration of Conformity of Working Conditions to Regulatory Requirements.

A comment:

Original Russian Text © S.V. Polyashov, 2014

With regard to workplaces where no harmful (hazardous) production factors have been identified, the employer must submit a declaration on the compliance of working conditions with regulatory requirements to the labor inspectorate.

The law does not say who should draw up the declaration - the organization conducting the SAWS or the employer's organization. To avoid disagreements, write down this obligation in advance in the contract for the SAUT.

There is no officially approved declaration form yet.

The declaration is valid for 5 years. The period starts from the date of approval of the report on the implementation of the SOUT ().

If the employee for whom the declaration is filed has an accident at work (except for an accident at work caused by the fault of third parties) or the employee has an occupational disease, the declaration for this workplace also ceases to be valid for this employee an unscheduled SOUT is carried out ().

The decision to terminate the declaration is made by the labor inspectorate no later than 10 calendar days from the date of the accident and occupational disease (

On its implementation, which includes the following results of a special assessment of working conditions:

1) information about the organization conducting a special assessment of working conditions, with the attachment of copies of documents confirming its compliance with the requirements established by Article 19 of this Federal Law;

2) a list of workplaces where a special assessment of working conditions was carried out, indicating the harmful and (or) hazardous production factors that are identified at these workplaces;

3) cards of a special assessment of working conditions, containing information about the organization established by an expert conducting a special assessment of working conditions, class (subclass) of working conditions at specific workplaces;

4) protocols of research (testing) and measurements of identified harmful and (or) hazardous production factors;

5) a protocol for assessing the effectiveness of personal protective equipment used by workers employed in workplaces with harmful working conditions, which have passed mandatory certification in the manner prescribed technical regulations carried out in order to reduce the class (subclass) of working conditions (if such an assessment is carried out);

6) the commission's protocol containing a decision on the impossibility of conducting research (tests) and measurements on the grounds specified in Part 9 of Article 12 of this Federal Law (if such a decision is available);

7) a summary sheet of a special assessment of working conditions;

8) a list of measures to improve the working conditions and labor protection of employees, at whose workplaces a special assessment of working conditions was carried out;

9) expert opinions of the organization conducting a special assessment of working conditions;

10) comments and objections of the employee regarding the results of a special assessment of working conditions carried out at his workplace, submitted in writing in accordance with Clause 4 of Part 1 of Article 5 of this Federal Law (if any).

1.1. The report on the special assessment of working conditions must contain an identification number specified in part 6 of article 8 of this Federal Law.

2. The report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission no later than thirty calendar days from the day it is sent to the employer by the organization that conducts a special assessment of working conditions. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to state in writing a reasoned dissenting opinion, which is attached to this report.

(see text in previous edition)

3. The form of the report on the special assessment of working conditions and instructions for filling it out are approved federal body the executive branch responsible for the development and implementation of state policy and legal regulation in the labor sphere.

(see text in previous edition)

5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions. The specified period does not include periods of temporary disability of the employee, his being on vacation or business trip, periods of inter-shift rest.

5.1. The employer, within three working days from the date of approval of the report on the special assessment of working conditions, is obliged to notify the organization that conducted the special assessment of working conditions in any available way that provides the possibility of confirming the fact of such a notification, and also send a copy of the approved report on the performance special assessment of working conditions by registered mail with acknowledgment of receipt or in the form electronic document signed by a strengthened qualified electronic signature... If there is information in the report on a special assessment of working conditions that constitutes a state or other secret protected by law, a copy of this report is sent in accordance with the requirements of the legislation Russian Federation on state and other secrets protected by law.

(see text in previous edition)

6. The employer, taking into account the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law, organizes the posting on its official website in the Internet assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve working conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than within thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.

A special assessment of working conditions according to the law is provided for each workplace by the employer (Article 212 of the Labor Code of the Russian Federation). The purpose of the special assessment is to establish and documentary confirmation of the risk class and the level of harmfulness of working conditions, taking into account the use of protective equipment purchased by the employer. The site survey procedure includes a detailed analysis for individual production sites or a group of similar sites. Their list is agreed at the preliminary stage, and the procedure is regulated by the law on special price dated December 28, 2013 No. 426-FZ.

Report on the special assessment of working conditions

A special assessment is not needed if the workplaces are organized outside the territory of the employer (this applies to telecommuting and home-based employees). For other categories of personnel, a special estimate is mandatory. Only accredited experts and organizations can assess working conditions.

Registration of the results of a special assessment of working conditions must be made in writing on a unified report form, taking into account the requirements of Art. 15 of Law No. 426-FZ. The template for the report on the results of the special assessment is given in the order of the Ministry of Labor of the Russian Federation of January 24, 2014, No. 33n.

The report includes the following information:

  • data on the employer who carried out the special appraisal measures;
  • list of work objects for which monitoring and analysis was performed;
  • detected factors that have a harmful effect on human health during work, with reference to workplaces;
  • special rate cards, which indicate the classes for each surveyed object, characterizing the current working conditions;
  • the texts of the protocols that were kept in the process of research, measurements;
  • protocols for the survey of protective equipment;
  • a summary sheet of the results of a special assessment of working conditions;
  • expert recommendations that the employer can use to improve the labor safety system, and a conclusion.

Expert research reports on harmful or hazardous conditions at work are drawn up for each identified factor.

It is the employer's responsibility to familiarize all employees with the report. The fact that the employee has read the document is evidenced by his handwritten signature. To notify hired personnel about the results of the special assessment, 30 calendar days are given. The extension of the term is possible only in relation to employees who were on sick leave, on a business trip, vacation, or were absent for other documented reasons.

If no harmful factors have been identified, then the results of a special assessment of labor will reflect only information about the expert organization and the list of surveyed production facilities with the expert's opinion.

The report must be signed by members of the special appraisal commission. If any of the members of the commission does not agree with the expert conclusions, he has the right to state his dissenting opinion in writing, these reasoned arguments are attached to the report. The results of the special assessment can be changed after appealing them in court.

Application of the results of a special assessment of working conditions

The results of the special assessment within 10 days are transmitted by the employer to the Federal information system accounting (Art. 18 of Law No. 426-FZ). If the risks of exposure to factors that adversely affect the well-being or pose a threat to people's lives have not been identified at production facilities, the enterprise declares that the existing working conditions of personnel comply with regulatory standards.

Practical use of the results peer review, for any type of conclusion, possibly from the date on which the report was approved. The result of a special assessment of working conditions is the assignment of a class of working conditions to work objects and places. The obtained results of the special assessment are used, in particular, for:

  • establishment and payment of an additional insurance premium rate for employees entitled to early retirement (if such a right is a consequence of the influence of working conditions);
  • system development additional compensations and social guarantees employees, reflecting it in the current local acts regulating labor relations (increasing wages, the introduction of allowances and surcharges, an increase in the duration of leave, a reduction in the duration of shifts);
  • provision of special food, general and personal protective equipment with legislatively approved norms;
  • modernization of production to improve working conditions;
  • informing employees about working conditions at their workplaces, organizing medical examinations;
  • preparation of statistical reports on working conditions, etc.