Factors for a special assessment of working conditions. Sout results. Use of evaluation results

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 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 harmful and (or) dangerous production factors that were identified at these workplaces;

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

4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;

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

6) the protocol of the commission containing the 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 exists);

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

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

9) conclusions of an expert of an 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 paragraph 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 the 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 date of its sending to the employer by the organization conducting the 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 a report on the conduct of a special assessment of working conditions and instructions for filling it out are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.

(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, being on vacation or business trip, periods of rest between shifts.

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 about this by any available means that makes it possible to confirm the fact of such a notification, and also send a copy of the approved report on the conduct a special assessment of working conditions by registered mail with a return receipt or in the form of an electronic document signed with an enhanced qualified electronic signature. If the report on the special assessment of working conditions contains information constituting a state or other secret protected by law, a copy of the said report is sent subject to the requirements of the legislation of the 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 placement on its official website in the Internet information and telecommunication network (if such a website exists) of summary data on the results of the special assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the 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 is an obligation of all employers, provided for by the Labor Code. Consider the main aspects related to its organization and conduct.

The concept and legal foundations of the special assessment of working conditions

A special assessment of working conditions (SOUT) is a system of measures to assess harmful and dangerous production factors that affect an employee.

The obligation to conduct it is established by the Labor Code of the Russian Federation (Article 212). The main regulatory document regulating the SOUT is the law of December 28, 2013 No. 426-FZ “On a special assessment of working conditions”. In addition, certain issues related to the implementation of the SATS are disclosed in more detail in government decrees and documents of relevant departments (Ministry of Labor, Ministry of Health and Social Development).

Who and in what terms is obliged to carry out SOUT

A special assessment is mandatory carried out by all economic entities (legal entities and individual entrepreneurs) using the services of employees. It is necessary to evaluate all jobs, both permanent and temporary, even if we are talking about employees with a traveling nature of work.

SOUT is not carried out only in relation to the following categories of workers (clause 3, article 3 of Law No. 426-FZ):

1. Working from home or remotely.
2. Employees hired by individuals who are not individual entrepreneurs (au pairs, tutors, etc.).

For a particular employer, the timing of the SAUT is established taking into account the transitional provisions provided for in Art. 27 of Law No. 426-FZ. The fact is that the special assessment is the “successor” of the one that was in force until 2014. job certifications. Therefore, if the enterprise until 12/31/2013. certification was carried out, then the SOUT can not be carried out within 5 years after it. The transitional period ends on December 31, 2018, by which time all employers must conduct the SOUT according to the new rules.

However, for certain categories of jobs, a special assessment should be carried out as soon as possible, without waiting for the end of the transition period. We are talking about workplaces with harmful and dangerous working conditions. Their categories are listed in paragraph 6 of Art. 10 of Law No. 426-FZ.

In addition, in the cases listed in clause 1, article 17 of Law No. 426-FZ, the assessment of working conditions at the workplace should be carried out outside the plan. First of all, this concerns the emergence of new jobs or significant changes in working conditions in existing places. In addition, an unscheduled SOUT is carried out after an accident, on the basis of an order from the regulatory authorities or at the request of the trade union. The timing of an unscheduled SOUT is from 6 to 12 months, depending on the basis.

The employer selects an organization from the register and concludes an agreement with it for the conduct of the SOUT. The customer is obliged to provide the contractor with all the documents and other information necessary for the work.

First of all, you need to select the workplaces for the assessment and draw up a schedule, taking into account all the features of setting the timing of the SUT, listed in the previous section.

The very special assessment of working conditions consists in identifying and measuring harmful and dangerous production factors. According to its results, each inspected workplace is assigned one of four hazard classes. The choice of class depends on the presence and intensity of the impact on the employee of these negative factors.

The results of the conducted SUT are drawn up in the form of a report, which must be signed by all members of the commission.

Information about the results of the SOUT:

1. Must be communicated to employees and posted on the company's website within 30 days after signing the report (Article 15 of Law No. 426-FZ).
2. It is included in the declaration of compliance with working conditions provided to the Ministry of Labor.
3. It is sent to the subdivision of the FSS of the Russian Federation to make a decision on adjusting insurance rates (for more details, see the next section).
4. Placed in the state information system (Article 18 of Law No. 426-FZ).

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Legal consequences of SOUT

The results of the conducted SAOT affect labor relations with employees and the rates of contributions to non-budgetary funds.

Employees whose jobs are recognized as harmful or dangerous (grades 3-4) are entitled to various guarantees and compensations in accordance with the Labor Code of the Russian Federation and other regulations:

1. Reduced working hours (Article 92 of the Labor Code of the Russian Federation).
2. Increased tariff rates (Articles 146, 147 of the Labor Code of the Russian Federation).
3. Additional holidays (Article 117 of the Labor Code of the Russian Federation).
4. Early retirement (Article 27 of the law of December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation”).
5. Restrictions for women and minors to work in such places (Articles 253, 265 of the Labor Code of the Russian Federation).
6. Regular medical examinations (Article 213 of the Labor Code of the Russian Federation).
7. Provision of personal protective equipment.
8. Issuance of milk and therapeutic and preventive nutrition (Article 222 of the Labor Code of the Russian Federation).

In addition, based on the results of the SOUT, measures are developed and implemented to protect labor and improve its conditions.

The FSS of the Russian Federation can provide a company with discounts (or, on the contrary, surcharges) to the current tariff for insurance against accidents and occupational diseases. The rules for granting discounts (surcharges) were approved by Decree of the Government of the Russian Federation of May 30, 2012 No. 524. The decision of the FSS regarding tariffs depends on the state of labor protection at the enterprise, one of the most important characteristics of which is the result of the SOUT.

Also, the assessment of working conditions also affects the calculation of additional contributions for mandatory pension insurance (Article 428 of the Tax Code of the Russian Federation). Determining specific classes and subclasses of working conditions by workplace makes it possible to charge these contributions more differentiated and, in most cases, to reduce the amount of payments.

Sanctions for violations of the procedure for conducting the SOUT

The Administrative Code provides for sanctions for these violations both for employers and for specialized organizations conducting assessments.

Employers upon the first violation of the legislation on the SAUT receive a warning or are subject to the following penalties (clause 2, article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

1. Officials and individual entrepreneurs - from five thousand to ten thousand rubles.
2. Legal entities - from sixty to eighty thousand rubles.

For quite a long time, a special assessment of working conditions has been an obligation of the employer, provided for by the Labor Code. Consider how it should be carried out in order to fulfill all the requirements of the law. Let's talk about the stages of a special assessment of working conditions.

Legal basis for the special assessment

As mentioned above, a special assessment of working conditions (hereinafter - SOUT) is provided for by the Labor Code of the Russian Federation, namely, Art. 212. But the code only establishes an obligation for employers to carry it out without giving any specific information.

In detail, all issues related to the conduct of the SOUT are reflected in the law of December 28, 2013 No. 426-FZ “On a special assessment of working conditions” and in the methodology approved by order of the Ministry of Labor of January 24, 2014 No. 33n.

Let us consider in detail the procedure for conducting a special assessment of working conditions.

Preparation for the SOUT

The law places the responsibility for organizing and financing the SOUT on the employer (Article 8 of Law No. 426-FZ).

For this purpose, a commission is being created, the formation of which is subject to certain requirements (clauses 1-4 of article 9 of law No. 426-FZ):

1. The number of committee members must be odd.
2. The committee must be chaired by a representative of the employer.
3. The composition of the commission must include a labor protection specialist (full-time or working under a civil law contract).
4. If the enterprise has a trade union organization or another elected body of workers, then its representatives must also be included in the commission.

Further in preparation for the SUT, it is necessary to determine the list of jobs that will be assessed. When forming this list, it is important to correctly determine which of the jobs are similar. Similar jobs are understood as workplaces located in the same type of premises with the same working conditions, in which employees perform the same labor functions (clause 6, article 9 of Law No. 426-FZ).

If there are such places in the enterprise, then it is possible to evaluate 20% of the places from each “group” (but not less than two). The evaluation results for the sample apply to all jobs in this group.

SOUT schedule: timing

The schedule is compiled simultaneously with the list of jobs to be assessed.

The current regulations on SUTs were adopted mainly in 2013 and 2014. But this, of course, does not mean that earlier job evaluations were not carried out at all. Until 2013 inclusive, this procedure was called attestation.

When scheduling the SAUT, one should take into account the transitional provisions provided for in Art. 27 of Law No. 426-FZ. If the company until 2014. If workplaces were attested, then in the general case, the SOUT may not be carried out until 5 years from the date of certification. However, in any case SOUT for all workplaces on the basis of the new regulation must be completed before 12/31/2018.

Employers must complete a special assessment of working conditions before the end of 2018

According to Part 6 of Article 27 of the Federal Law of December 28, 2013 No. 426-FZ “On the Special Assessment of Working Conditions”, all employers must, as a matter of priority, conduct a special assessment at workplaces with dangerous and harmful production factors. At all other workplaces, including office ones, it is allowed to conduct a special assessment in stages. In this case, the last stage must be completed no later than December 31, 2018. Thus, all companies and individual entrepreneurs that have hired employees are required to conduct a special assessment in 2018, and, based on its results, indicate the class of working conditions in employment contracts.

For certain categories of jobs listed in Part 6 of Art. 10 of Law No. 426-FZ, SOUT must be carried out as a matter of priority, without taking into account the timing of the previously conducted certification (letter of the Ministry of Labor dated 08.12.2014 No. 15-1 / V-1829). These are the following places:

1. For employees eligible for early retirement.
2. For employees who are provided with various benefits "for harmfulness".
3. Places where harmful (dangerous) working conditions were previously established.

The employer, having chosen an organization for conducting the SAUT, concludes a civil law contract with it. As part of the contract, the customer is obliged to provide the contractor with all the necessary documents and other information to assess working conditions and harmful (dangerous) production factors.

Identification and measurement of harmful (dangerous) factors

The SOUT procedure itself begins with the identification of harmful or hazardous production factors. The methodology for conducting a special assessment of working conditions refers to them:

1. Microclimate (temperature, humidity, pressure).
2. Radiation of various types (including ionizing).
3. Physical factors (noise, vibration)
4. Chemical and biological factors.

Identification is carried out by an expert of a specialized organization, and then approved by a commission created by the employer.

If harmful (dangerous) factors have been identified, they must be measured and classified. The assessment procedure and standard values ​​are reflected in the Methodology for conducting a special assessment of working conditions No. 33n.

1. Optimal (grade 1) - there are no undesirable factors or their influence is within safe limits.
2. Permissible (grade 2) - the impact of factors can be neutralized during normal rest at the end of work.
3. Harmful (grade 3) - exposure to factors can lead to the development of occupational diseases, recovery requires a long rest. This class is divided into 4 degrees, depending on the intensity of exposure to harmful working conditions.
4. Dangerous (class 4) - factors pose a threat to the life of an employee or can lead to the development of occupational diseases in an acute form.

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Registration of the results of the special assessment

Based on the results of the SOUT, a report is drawn up (Article 15 of Law No. 426-FZ), which includes:

1. Information about the organization that conducted the SOUT
2. A list of checked workplaces indicating the identified harmful (dangerous) factors.
3. Research protocols.
4. Information about the classes of working conditions for workplaces.
5. Protocol for evaluating the effectiveness of the applied protective equipment at those workplaces where it is necessary.
6. List of labor protection measures.

The report must be signed by all members of the commission and approved by its chairman.

Use of SOUT results

Within 3 days from the date of approval, the customer of the SUT must inform the organization that conducted the study and send a copy of the approved document to its address.

Employees whose jobs are recognized as harmful are entitled to various benefits and compensations provided for by law (preferential pension, additional payments to the tariff rate, reduced working hours, additional leave, etc.)

For jobs for which undesirable production factors have not been identified, or for jobs assigned to class 1 or 2, the employer, within 30 working days, submits a declaration of compliance with working conditions to the regional division of the Ministry of Labor (Article 11 of Law 426-FZ, order of the Ministry of Labor RF dated February 7, 2014 No. 80n).

Also, the employer must notify the results of the special assessment of the FSS of the Russian Federation (subclause 18, clause 2, article 17 of the law of July 24, 1998 No. 125-FZ “On Compulsory Social Insurance ...”). The FSS uses this information to make decisions about discounts or surcharges on the insurance rate for this employer.

In each organization, employees work in specific conditions. This is an important factor in the process of labor activity, because it affects the performance of staff. Working conditions in the workplace must comply with the law, so they are regularly assessed. Details about this are provided in the article.

concept

What are working conditions in the workplace? This concept has existed for a long time, since the beginning of the exploitation of people, but only now it is implemented at the legislative level. According to Art. 56 and 57 of the Labor Code of the Russian Federation, an employment contract is not drawn up without specifying working conditions. They are recorded along with the rest of the information - full name, salary.

In Art. 56 states that the employer must ensure statutory working conditions at the workplace. And according to Art. 57 it is mandatory to highlight in the agreement, harmful factors that may be in production. Compensation and guarantees are stipulated separately.

Characteristics

The production process is the work of obtaining products from matter or raw materials. All stages of this activity are interconnected. The nature of the process is determined by the type:

1. The labor force used.
2. means of production.
3. source materials.

Once the fixed asset is identified, the type of process can be determined. Suppose we know that the main machine is a metallurgical plant. Then it will be clear that there is activity with metal, ore. The labor force will be metallurgists and steelworkers. From this it is possible to determine the safety requirements and possible types of occupational diseases of employees.

Work environment

This concept refers to the space where the employee performs work. The environment includes buildings, means of production, transport used. This concept includes psychological and environmental conditions. They have an impact on staff.

Labor intensity

This concept implies the intensity of the work process. It implies a psychological side. Intensity is related to performance. In an unorganized place, tension is high and productivity is low. This is a negative point. Employees get tired quickly, and the results of the activity are not encouraging.

Classification

Working conditions at the workplace are divided by law into 4 classes (Article 14 of the Labor Code of the Russian Federation):

1. Optimal. With them, there is no or very low negative impact on employees.
2. Permissible. Probably some negative impact, but within the established norms.
3. Harmful. In this case, there is an excess of the influence of negative factors on the body. The occurrence of occupational diseases is likely.
4. Dangerous. Workers are affected by negative factors of production. There is a high risk of occupational diseases.

Determining the class of working conditions at the workplace is necessary to determine the level of harmfulness of the activity. Every job is different. It is important to consider them before applying for a job. Harmful working conditions during working hours negatively affect the well-being and health of a person. Therefore, at each enterprise it is important that the norms of the organization of the process are observed.

environmental factors

What should be the working conditions in the office, at work? When performing professional activities, it is important that employees feel comfortable and convenient. Then the results of the work will be high. The workflow is influenced by many factors, the main of which are:

1. Lighting: the norm is 1-2 thousand lumens.
2. Temperature - the more physical activity, the lower the indicator in the room. With active work, the optimal level will be 10-16 degrees, and with an average - 18-23 degrees.
3. Noise. The norm is 65 decibels and a frequency of 75,000 Hertz. The noise level will be high if it exceeds 88 decibels.
4. Vibration. Such influences are local and general. Vibration is associated with noise.

There are other factors - biological and chemical. An example of a negative characteristic of working conditions is a high concentration of dust, toxic components.

Certification

The employer is responsible for the certification of working conditions. A special institution is involved in this event. A special commission is being created, including the employer, labor protection specialist, members of trade unions. places on working conditions involves the inspection of the organization and the collection of information.

During the event, environmental factors are measured - noise, lighting, vibration. Deviations from the norms are established. If the jobs are similar to each other, then you can check one similar place. Certification of workplaces according to working conditions can be planned and unscheduled.

The planned activity is carried out every 5 years. Certification of workers on working conditions allows you to make work more efficient if after the event all the comments of the expert are taken into account. An unscheduled inspection is carried out with various changes in the production process. These include the replacement of equipment, transfer to another technical process. In the event of an accident, an unscheduled inspection is performed. In conclusion, an assessment of the working conditions of workplaces is prescribed.

What is written in the contract?

The organization of working conditions in the workplace is the responsibility of management. The employment contract must contain information about which class the work belongs to. For this, a section called "Labor Protection" is assigned. It indicates whether the conditions are considered "optimal" or "dangerous". In the first case, it is indicated that all norms are met, there are no harmful conditions at the workplace.

With grades 3 and 4, it is fixed that the conditions are unhealthy. The contract indicates the class, subclass, factors that led to the deterioration of the situation. For example, hazardous conditions have arisen due to high noise levels and low temperatures.

Valuation Law

Federal Law No. 426 is considered the main document for assessing conditions. It establishes the essence of the event, the rules for its implementation and application of the results. Evaluation is a procedure, the results of which can affect the activities of the organization in various ways, as well as the development and improvement of personnel policy.

If harmful jobs are found, the company may have obligations, for example:

1. Providing employees with social preferences established by the law of the Russian Federation.
2. Payment to the PFR and the FSS of higher contributions.

The assessment can reveal objective weaknesses in the field of personnel safety, the elimination of which increases productivity and has a positive effect on the business as a whole. It is only necessary to follow the instructions of the specialists provided as a result of the event.

Assessment steps

Even if the institution is not ready to carry out the assessment, this task is solved by law. The stages of the event include:

1. Contacting a specialized company that has permission to perform such activities.
2. This firm's identification of the factors of production. workplace hazards.
3. Preparation of an inspection report.

The list of criteria that must be met by firms performing the assessment are established by Ch. 3 Federal Law No. 426. In practice, such an institution is easier to find using the register of organizations accredited by the Ministry of Labor that perform work in the field of labor protection.

Workplace conditions and staff motivation are closely related. If the activities of employees are difficult, and besides, there are harmful factors, the institution should encourage employees. Usually the staff is motivated by material rewards. Then the efficiency of the enterprise will be much better.

Compensation

In Art. 224 of the Labor Code of the Russian Federation states that compensation is required for the additional load received from harmful factors. This may be additional leave and salary supplements. The amounts of the allowance are established by art. 147 of the Labor Code of the Russian Federation. Its minimum is 4% of salary.

Deteriorating conditions

If an employee has noticed negative changes, and the employer ignores the comments, then it is necessary to contact the trade union to perform a new certification. Failure to do so may result in heavy fines.

If the changes are domestic, for example, faulty lighting, then you need to inform the occupational safety specialist. In this case, it is important to repair, eliminate the defect without loss of quality. Removing the defect will improve the situation.

Occupational safety is considered an important part of the work process. It includes many factors, based on which a classification is created. The “optimal class” is considered the safest, and “dangerous” is considered the most harmful. All this should be spelled out in the contract. Failure to comply with the law leads to prosecution of the company's management.

The procedure for using the results of a special assessment of working conditions is regulated by the provisions of 426-FZ. The bulk of the responsibilities associated with the application of the results of the SOUT is assigned to the employer. However, some functions are performed by the expert organization that carried out the work under the contract. In some cases, state bodies may be involved in this issue.

Obligations of the employer based on the results of a special assessment of working conditions

The list of responsibilities of an organization acting as a customer of work on the SOUT is determined mainly by Art. 15 426-FZ. This and other articles of this regulatory act establish that, upon completion of all necessary procedures, the employer must:

• read the report of the organization that performed the work on the SOUT, and approve it. This procedure applies not only to the main reporting documentation, but also to all annexes to it, including summary statements of the results of the SAUT;
• within three days after the approval of the results, send a corresponding notification to the contractor;
• within thirty days after the approval of the report, send a notification to the employee about the results of the special assessment at his place of work or otherwise notify him of them;
• within thirty days after the acceptance of the report, post the results of the SOUT on the organization's website for open access to all interested parties. For example, the results of the SAOT of doctors of the FMBA of the Russian Federation arouse the interest of the public and journalists;
• if at a given place of work, according to the results of the SOUT, the harmfulness exceeds normal indicators, develop and implement a system of benefits and compensations for employees. The amount of additional payments for a special assessment of working conditions is regulated by the Labor Code and other regulatory documents. Surcharges are established for all employees with harmful or dangerous working conditions;
• ensure the storage of the results of the special assessment in accordance with the order of the Ministry of Culture No. 558. The validity of the requirement to store such documents is 45 years.

Actions of the employer in case of disagreement with the results of the SOUT

The above algorithm is applied if the employer agrees with the conclusions indicated in the special assessment report. If there is disagreement with the results of the SOUT, one should be guided by the order of the Ministry of Labor No. 501n. According to this document, the employer must send a written statement describing his position to the Ministry of Labor. If supporting documents are available, they should be attached to the application. It will be reviewed within 45 working days from the date of its receipt and registration.

Actions of the expert organization based on the results of the SATS

The main task of the contractor after compiling the report and receiving a notification of its approval is to inform the state authorities about the results of the SAUT. The expert organization must send them to the federal state accounting system for a special assessment of working conditions.

If for some reason the organization has not fulfilled its obligation, the employer can do this. The main difference in this case will be where the documents should be sent. If the expert organization sends them directly to the accounting system, then the employer should provide them to the labor inspectorate. Department specialists will then redirect them to the federal system. It should be borne in mind that sending the results of the special assessment to the state body is the right, and not the obligation of the employer.