home Designer Results of a special assessment of working conditions. The results of a special assessment of working conditions. How to properly draw up an additional agreement with employees who have identified harmful working conditions

Results of a special assessment of working conditions. The results of a special assessment of working conditions. How to properly draw up an additional agreement with employees who have identified harmful working conditions

From January 1, 2014, instead of certification of workplaces, a special assessment of working conditions was introduced, which must be carried out in accordance with Federal Law No. 426-FZ of December 28, 2013. Accordingly, the results of attestation of workplaces in terms of working conditions, issued after December 31, 2013, cannot be used (clause 2 of the Letter of the Ministry of Labor of Russia dated March 13, 2014 N 17-3 / B-113). Recall that by virtue of Part 12 of Art. 209 of the Labor Code of the Russian Federation in the old edition, certification was carried out in the manner approved by the Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n (hereinafter referred to as the Certification Procedure). A special assessment of working conditions was previously provided for in Part 4 of Art. 58.3 federal law dated 24.07.2009 N 212-FZ as a basis for exemption from paying insurance premiums for additional tariffs. Part 4 Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ became invalid on January 1, 2014 (subparagraph "d", clause 4 of Article 13 of the Federal Law of December 28, 2013 N 421-FZ).

By analogy with the results of certification, the results special evaluation working conditions are used, in particular, to provide employees with guarantees and compensations provided for Labor Code of the Russian Federation, as well as to establish additional rates for insurance contributions to the Pension Fund of the Russian Federation, calculate allowances (discounts) to the rate of contributions for compulsory social insurance against industrial accidents and occupational diseases, and justify the financing of measures to improve labor protection conditions (Article 7 of the Federal Law of 28.12. 2013 N 426-FZ).

A special assessment is carried out in relation to the working conditions of all employees, except for homeworkers, remote workers and those who work for individuals who are not entrepreneurs (Article 3 of the Federal Law of December 28, 2013 N 426-FZ). Special provisions are provided for state civil and municipal employees. Recall that in clause 4 of the Certification Procedure, other exceptions were established (in particular, certification could not be carried out in relation to workplaces where employees were engaged only in work on personal computers).

The methodology for conducting a special assessment of working conditions (part 3 of article 8 of the Federal Law of December 28, 2013 N 426-FZ) was approved by Order of the Ministry of Labor of Russia of January 24, 2014 N 33n. It establishes requirements for the procedures implemented within the framework of a special assessment: for the identification of potentially harmful or hazardous production factors, their study and measurement, the assignment of working conditions at the workplace to a certain class (subclass) and the presentation of the results (paragraph 1 of the Methodology).

By general rule assessment of working conditions is carried out at least once every five years, if there are no grounds for an unscheduled assessment (part 4 of article 8 and 17 of the Federal Law of December 28, 2013 N 426-FZ). It should be noted that in accordance with clause 8 of the Certification Procedure for those jobs where the working conditions were recognized as acceptable or optimal, re-certification could not be carried out.

A significant innovation is the establishment in Art. 14 of the Federal Law of December 28, 2013 N 426-FZ of the classification of working conditions. According to the degree of harmfulness and (or) danger, they are divided into four classes: optimal, permissible, harmful and dangerous (1, 2, 3 and 4 classes, respectively). In turn, harmful conditions can be of four degrees (subclasses). It should be noted that the said article explains exactly which working conditions apply to each class (subclass).

According to part 2 of Art. 8 of the Federal Law of December 28, 2013 N 426-FZ, a special assessment of working conditions is carried out jointly by the employer and a specialized organization that meets the requirements given in Art. 19 of this Law. Part 2 Art. 4 of the Federal Law of December 28, 2013 N 426-FZ establishes the obligations of the employer, in particular to ensure that such an assessment is carried out and to provide the specialized organization with the necessary information, documents and information.

Let's pay attention to the following. If attestation was carried out in relation to workplaces, an assessment of working conditions may not be carried out for five years from the date of completion of attestation, with the exception of cases when an unscheduled assessment is appointed (part 4 of article 27 of the Federal Law of December 28, 2013 N 426-FZ). Other transitional provisions are also provided for legal entities that were accredited as organizations providing workplace certification services before January 1, 2014. Thus, they have the right to conduct a special assessment of working conditions before the expiration of the existing ones on the day the Federal Law enters into force of December 28, 2013 N 426-FZ of certificates of accreditation of testing laboratories (centers), but no later than December 31, 2018 inclusive (Part 1 of Article 27 of the Federal Law of December 28, 2013 N 426-FZ). The certification results are used to apply an additional rate of insurance premiums to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace. In clause 4 of Letter No. 17-3/B-113 dated March 13, 2014, the Ministry of Labor of Russia emphasized that this is an obligation, and not a right, of the payer of insurance premiums.

If, as a result of the attestation of the workplace carried out before January 1, 2014, the working conditions are recognized as harmful or dangerous, then an additional rate of insurance premiums established by Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ, in the amount of 2 to 8 percent, depending on the subclass of working conditions (part 5 of article 15 of the Federal Law of December 28, 2013 N 421-FZ, Letter of the Ministry of Labor of Russia of April 18, 2014 No. 17-3/B-171). In this regard, the Ministry of Labor of Russia clarified the following: if the taxpayer cannot document the subclass of harmful working conditions, an additional tariff of 7 percent is applied to the certified workplace, which corresponds to the subclass of working conditions 3.4 (clause 2 of the Letter of the Ministry of Labor of Russia dated 03/26/2014 No. 17-3/10/B-1579).

How are accrued insurance premiums at additional rates, if the organization has up-to-date certification results for only a part of jobs, the Ministry of Labor of Russia indicated in paragraph 3.5 of the Letter dated 13.03.2014 N 17-3 / B-113. If, according to the results of certification, the working conditions of an employee employed in the work specified in subpara. 1 - 18 p. 1 art. 27 of the Federal Law of December 17, 2001 N 173-FZ, are recognized as harmful and dangerous, then insurance premiums are charged at additional rates provided for in Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ. If working conditions are recognized as optimal or acceptable, or there are no results of attestation of the workplace, then insurance premiums are charged at additional rates provided for, respectively, in Part 1 or 2 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ.

In addition, in paragraphs 7, 8 of this Letter, the Ministry of Labor of Russia answers the question of how to determine the amount of insurance premiums for additional rates for part-time employment of an individual for a month at work under subpara. 1 - 18 p. 1 art. 27 of Law N 173-FZ with different classes (subclasses) of working conditions. In such a situation, insurance premiums are charged for each additional tariff in proportion to the number of days (hours) worked at the relevant workplaces in total days (hours) (including work overtime, weekends, holidays) this month. The considered insurance premiums are charged on the entire amount of payments and remunerations that are accrued in favor of this employee within a month, regardless of the periods for which payments are made.

If the specialized organizations accredited for certification of workplaces include testing laboratories (centers), the validity of which accreditation certificates expire in 2014, these companies can conduct an assessment without taking into account the requirements regarding the number and composition of experts until December 31, 2014 inclusive (Part 2, Article 27 of the Federal Law of December 28, 2013 N 426-FZ).

The Code of Administrative Offenses of the Russian Federation is also supplemented with new norms. Part 2 Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of the employer for violating the procedure for conducting a special assessment of working conditions at workplaces or not conducting it. In this case, a measure is applied in the form of a warning or a fine (in particular, for legal entities - from 60 to 80 thousand rubles). The responsibility of a specialized organization for violating the procedure for conducting a special assessment of working conditions is established by Art. 14.54 Administrative Code of the Russian Federation. Changes made to the Code of Administrative Offenses of the Russian Federation will come into force on January 1, 2015 (Part 2 of Article 15 of the Federal Law of December 28, 2013 N 421-FZ).

In addition, it should be added that the costs of conducting a special assessment of working conditions are not taken into account for the purposes of the simplified tax system (Letter of the Ministry of Finance of Russia of June 30, 2014 N 03-11-09 / 31528 (sent by Letter of the Federal Tax Service of Russia of July 30, 2014 N GD-4-3 / 14877)). The position of the financial department is not indisputable. See New documents for an accountant for details. Issue dated 20.08.2014.

We also note that these expenses can be reimbursed at the expense of contributions accrued to the FSS of the Russian Federation for injuries (clause 3 of the Rules financial support preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium-and-spa treatment for workers employed in work with harmful and (or) dangerous production factors N 103n)).

Special assessment of labor- this is a single set of consistently implemented measures to identify harmful and (or) hazardous production factors and assess the level of their impact on the employee. According to the results of a special assessment of labor, classes and subclasses of working conditions at workplaces are established.

How to conduct a special assessment of working conditions

Order for a new procedure evaluation of the work of the SOUT spelled out in the Law of December 28, 2013. The methodology for conducting a special assessment of working conditions was approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

Along with this, the results of the certification of workplaces, carried out according to the rules established by the order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n, are still valid. V general case the results of the attestation conducted before January 1, 2014 are valid for five years from the date of completion of this attestation (except for cases when a special assessment of the working conditions of workers needs to be carried out unscheduled).

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How to save on a special assessment of working conditions, how to get a REFUND in the FSS
Companies can not every five years
After a special assessment, the company submits to the labor inspectorate. Previously, only places without harmful factors were included in the declaration. Now companies declare jobs with optimal or acceptable working conditions.
The law applies to relations from January 1, 2014. That is, companies have the right to clarify the previously submitted declaration. To do this, fill out a new form, taking into account the changes, and write in the header that this is an updated report.
Declared places can not be re-evaluated. The company will submit a new report, which will be valid for another five years. The benefit is valid on the condition that there will be no accidents and occupational diseases. Otherwise, a new estimate is needed.
Change of full name of the employee, name of the workplace, reorganization of the legal entity

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Special assessment of working conditions

Special assessment of working conditions is a single set of measures to identify harmful and dangerous factors in the working environment and assess the level of their impact on the employee, taking into account the deviation of actual values from the established standards (clause 1, article 3 of the Law of December 28, 2013 No. 426-FZ).

Based on the results of a special assessment, classes and subclasses of working conditions at the workplaces of employees are established (clause 2, article 3 of the Law of December 28, 2013 No. 426-FZ).

According to paragraph 3 of Article 3 of the Law of December 28, 2013, a special assessment of working conditions not carried out in a relationship:

home workers;
remote workers;
employees who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

The procedure for conducting a special assessment of working conditions is regulated by the Law of December 28, 2013 No. 426-FZ. Conducting a special assessment in relation to the working conditions of state civil servants and municipal employees may additionally be regulated by federal and regional laws, other regulatory legal acts (clause 4, article 3 of the Law of December 28, 2013 No. 426-FZ).

Even if employees constantly work on the territory of the customer, and not on the territory of the enterprise, organization, it is still necessary to conduct a labor assessment, because this category of employees is not named in the list of employees for whom a special assessment of working conditions is not required. And the list is closed. Therefore, it is necessary to carry out such an assessment, and any employer must do this, without exception (clause 2, article 8 of the Law of December 28, 2013 No. 426-FZ). Otherwise, without conducting a special assessment of labor in relation to such employees, the organization will violate the requirements of labor legislation. This may result in administrative liability.

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Who and when is obliged to conduct a special assessment of working conditions

A special assessment of the working conditions of workers is required to be carried out by all employers, as well as those who have hired employees.

Entrepreneurs without employees are not employers, so they do not need to conduct a special assessment. But as soon as at least one employee appears in the state, the entrepreneur will have to organize a special assessment of the newly created workplace.

Individuals without individual entrepreneur status who have hired employees do not conduct a special assessment.

Note: Article 3 of Law No. 426-FZ.

in the absence during the period of its validity of the circumstances specified in paragraph 5 of this article, the validity of this declaration is considered extended for the next five years.

For 5 years there were no accidents and occupational diseases

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

How to extend the validity of the SOUT declaration: clarifications from the Ministry of Labor

In the absence of accidents at work and identified occupational diseases, the validity of the SOUT declaration is extended for another five years. Should the employer submit labor inspection any documents that will confirm the deadlines for the extension of the declaration and the date of the next special assessment of working conditions? The Ministry of Labor answered this question in a letter dated 08/30/19 No. 15-1 / OOG-1968.

If during the period of validity of the declaration there were no accidents or no occupational diseases were detected, then its validity period is automatically extended for five years. The deadline for conducting a special assessment of working conditions at declared workplaces is also postponed for five years. It is not required to document the terms of the extension of the declaration and the next scheduled special assessment of working conditions.

The new company did not conduct a special assessment

Special assessment needs to be done within six months from the date of commissioning of new jobs. This procedure follows from the provisions of Article 17 of the Law of December 28, 2013 No. 426-FZ.

Labor inspectors fined the company under article 5.27.1 of the Code of Administrative Offenses of the Russian Federation in the amount of 60,000 rubles. because she did not conduct a special assessment. The Supreme Court overturned the decision on the fine, because the inspectors did not take into account the specifics of the jobs provided for staffing companies.

there are no jobs in the company that need to be assessed as soon as possible. Such jobs are listed in Part 6 of Federal Law No. 426-FZ dated December 28, 2013.
the company has no reason to conduct an unscheduled special assessment. It is carried out in cases established by the Federal Law of December 28, 2013 No. 426-FZ.

The judges indicated that the company has the right to conduct a special assessment of its jobs in stages. The main thing is to complete it before December 31, 2018.

Compensations and benefits are established based on the results of the SAUT (Article 7 of the Federal Law of December 28, 2013 No. 426-FZ “On a Special Assessment of Working Conditions”). However, until a special assessment has been carried out at the workplace, benefits and compensations for work in harmful and dangerous conditions are set at.

That is, in this situation, there can be solutions to the issue, namely:

1 . Can independently assign working conditions to harmful and establish compensation for employees on the basis of the list approved by the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298 / P-22, and include the appropriate conditions in labor contract. And after a special assessment, the employment contract will need to be amended based on the results of the assessment.

The right to early retirement of an employee depends on 2 conditions:

recognition based on the results of a special assessment of working conditions as harmful;
the fact of payment of insurance premiums by the employer.

This rule applies from 01.01.2013. Accordingly, the issue of including the period of work in the preferential service before the SAUT remains controversial, it is likely that the employee will need to defend his right in court. In this connection, SOUT should be carried out as soon as possible. If you indicate in the employment contracts of employees that their working conditions are harmful, you can include these positions in your "List of preferential professions", while you will need to deduct, as if a special assessment was not carried out.

The right to an early insurance old-age pension arises before reaching the retirement age under certain conditions. Heroine mothers, disabled people, workers and those living in the Far North.

2 . Can specify in the employment contract that the working conditions are acceptable, and not to establish compensation, and after a special assessment, amend the employment contract. However, in this case, this period of work will not be included in the length of service giving the right to early retirement.

At the same time, it should be taken into account that if working conditions are classified as harmful or dangerous, the employee will have the right to receive appropriate compensation from the moment he is hired for this workplace, and not from the moment the special assessment is completed. Accordingly, if an employee, for example, is entitled to additional leave, he will rely for the entire period from the date of admission to this workplace.

Note: Some authors point out that in the absence of attestation of workplaces and a special assessment, data on working conditions at the workplace do not need to be entered into the employment contract. However, this position is contrary to the provisions, according to which data on working conditions are mandatory for inclusion in any employment contract and no suspensive conditions when making these changes to Art. 57 of the Labor Code of the Russian Federation, the legislator did not introduce. From which it follows that the formal absence of a description of working conditions at the employee's workplace is already a violation of labor legislation, for which the employer can be held accountable.

It is necessary to conduct a special assessment of working conditions in temporary or seasonal jobs

A special assessment of working conditions should be carried out even at temporary (created for a period of less than 12 months) or seasonal jobs. The Ministry of Labor of Russia recalled this, as well as when to conduct an assessment, in a letter dated 08.20.17 No. 15-1 / OOG-2410.

At the workplaces of employees, except for homeworkers and "remote workers", a special assessment is carried out without fail. In this regard, the employer must conduct a special assessment, including at temporary or seasonal jobs. This can be done during the period of implementation in such places production activities.

CONDUCTING A SPECIAL ASSESSMENT OF WORKING CONDITIONS AT TEMPORARY WORKPLACES
We look at clause 15 of the Methodology for conducting a special assessment of working conditions, approved by Order of the Ministry of Labor of Russia dated January 24, 2014 N 33n. According to this norm, all research and measurements within the framework of the SUT should be carried out during the implementation of regular production (technological) processes. This means that a SOUT should be carried out at a temporary or seasonal workplace during the period of production activities on it (Letter of the Ministry of Labor of Russia of 06/07/2017 N 15-1 / OOG-1568).

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An organization that conducts a special assessment. Specialized labor appraiser

An organization that conducts a special assessment of working conditions must meet the following requirements:

she must be independent of the employer;
in her statutory documents conducting a special assessment of working conditions should be registered as the main activity;
accredited in the manner prescribed by the order of the Ministry of Health and Social Development of Russia dated April 1, 2010 No. 205n. The list of accredited organizations is published on the official website of the Ministry of Labor of Russia;
the organization should have at least five experts employees working under an employment contract and having an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert with higher education in one of the specialties; doctor for general hygiene, doctor for occupational health, doctor for sanitary and hygienic laboratory research;
In the organisation should be a testing laboratory(center), which is accredited by the national accreditation body of Russia in the manner prescribed by the legislation of the Russian Federation, and whose scope of accreditation is the conduct of research (tests) and measurements of harmful and (or) hazardous factors of the working environment and the labor process.

The procedure for admission of organizations to activities for conducting a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities for conducting a special assessment of working conditions of workplaces is established by the Government of the Russian Federation.

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Special Evaluation Commission

To organize and conduct a special assessment of working conditions, the employer needs to create a commission. The number of committee members must be odd. The employer also approves the schedule for conducting a special assessment of working conditions. The composition and procedure for the activities of the commission, the employer approves by order. The commission is headed by the employer or his representative.

The commission for conducting a special assessment of working conditions, as a rule, includes:

employer representatives. It could be leaders. structural divisions, personnel specialists, medical workers;
labor protection specialist;
representatives of the elected body of the primary trade union organization.

The commission is headed by the employer or his representative (clause 4, article 9 of the Law of December 28, 2013 No. 426-FZ).

How to form a special assessment commission for a solo entrepreneur or an organization with one employee-director

If the entrepreneur or organization does not have employees, then it will not be necessary to create a commission at all. When there is at least one employee on the staff, the commission must consist of at least one person.

It is necessary to form a commission only when there is an obligation to conduct a special assessment of working conditions. And this applies to all employers - organizations, entrepreneurs and citizens who have employees. That is, those who work under labor contracts (part 4 of article 20 of the Labor Code).

Therefore, if an entrepreneur works alone and does not have hired staff, then a special assessment is not necessary. The entrepreneur himself is not an employer. Therefore, there is no need to create a commission.

But if an entrepreneur has at least one employee, he is already considered an employer and, therefore, formally there is an obligation to conduct a special assessment. The same applies to an organization that has, for example, one director working on a contract basis. This single employee will be part of the commission that needs to be formed. The minimum number of members of the commission is not established by law, it is only stipulated that there should be odd number. When the director is the only employee, he will head the special assessment commission, as he is the management body of the organization, acting as the employer in labor relations(Clause 2, Article 8, Clause 1, 4, Article 9 of the Law of December 28, 2013 No. 426-FZ, Part 8 of Article 20 of the Labor Code).

Attention: in private explanations, Rostrud specialists allow not to form a commission for conducting a special assessment of working conditions if the organization has only one employee. This is logical.
After all, the commission is created precisely so that its members jointly make a decision. And one person makes the decision alone. Therefore, it makes no sense to form a commission. But we note that the law does not directly say this, and there are no official explanations from the department either. To avoid unnecessary disputes with the inspectors, it is still easier to write a "piece of paper" and issue an order for a special assessment, in which the composition of the commission should be described.

If, to perform the functions of the labor protection service, the organization attracts specialists under a civil law contract, then these people will also be part of the commission. And the commission will again be headed by the director - an employee of the organization. This is stated in paragraphs 1, 3 and 4 of Article 9 of the Law of December 28, 2013 No. 426-FZ.

The commission determines the list of jobs and labor assessment criteria for which a special assessment of working conditions will be carried out, indicating similar jobs (clauses 5–7 of article 9 of the Law of December 28, 2013 No. 426-FZ).

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Similar jobs

Workplaces that simultaneously have the following characteristics are recognized as similar:

professions or positions of the same name;
performing the same professional duties while maintaining the same technological process in the same mode of operation;
use of the same type of production equipment, tools, fixtures, materials and raw materials;
work in one or more similar premises;
use of the same type of ventilation, air conditioning, heating and lighting systems;
the same location of objects (production equipment, Vehicle etc.) in the workplace;
equal provision of personal protective equipment.

When similar jobs are identified, it is sufficient to conduct a special assessment of working conditions in relation to 20 percent of the total number of jobs, but not less than two. The results can then be applied to all identified similar jobs.

For similar workplaces, one card of a special assessment of working conditions is filled out and a single list of measures to improve the working conditions and labor protection of employees is developed.

If in the course of a special assessment of working conditions at least one workplace is identified that does not correspond to the signs of similarity, from among the workplaces previously recognized as similar, then a special assessment is carried out at all workplaces previously recognized as similar.

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The procedure for conducting a special assessment of working conditions

According to Article 8 of the Law of December 28, 2013 No. 426-FZ, a special assessment of working conditions is carried out in accordance with the Methodology approved by the Ministry of Labor of Russia. Assessment frequency: at least once every five years unless otherwise provided by the legislation of the Russian Federation. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

Applies to some jobs. special order conducting a special assessment of working conditions. The list of such jobs was approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290. And the procedure for conducting a special assessment will be approved by the Russian Ministry of Labor during 2014.

The results of the conducted studies (tests, measurements) are documented in protocols for each of the harmful and (or) dangerous production factors that are subjected to such operations.

According to the results of such studies (measurements), the expert classifies the working conditions in the workplace into the appropriate classes (subclasses).

Is it necessary to conduct a special assessment of working conditions if, as of January 1, 2014, certification of workplaces was carried out in the organization? In general, you don't need to. If before January 1, 2014, the organization carried out certification of workplaces in terms of working conditions, then in general order a special assessment of working conditions in relation to such jobs may not be carried out within five years from the date of completion of this certification. The results of this certification of workplaces can be used for the purposes of a special assessment of working conditions. That is, if a planned certification was carried out in an organization, for example, in 2013, then working conditions will need to be assessed according to the new rules only in 2018. An exception is cases when the employer needs to conduct an unscheduled assessment (clause 1, article 17 of the Law of December 28, 2013 No. 426-FZ).

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Staged special assessment of working conditions, assessment for temporary jobs

For some jobs, the special assessment may be carried out in stages. These are the jobs:

employees whose professions, positions and specialties are not included in the lists, taking into account which an early retirement retirement pension is assigned;
working conditions that are not recognized as harmful or dangerous.

It is necessary to complete a phased special assessment by December 31, 2018 (part 6 of article 27 of the Law of December 28, 2013 No. 426-FZ).

The phased approach involves conducting a special assessment in relation to not all jobs at once, but only a part of them. The list of such jobs is determined by the commission.

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Unscheduled special assessment of working conditions: temporary jobs, their relocation, company relocation

Article 17 of the Law of December 28, 2013 No. 426-FZ says that an unscheduled special assessment of working conditions should be carried out in the following cases:

commissioning of newly organized jobs;
obtaining an order from the state labor inspector to conduct an unscheduled assessment in connection with violations identified during the inspection by the labor inspectorate;
changes in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
changes in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
changes in the applied means of individual and collective protection that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or the identification of an occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
availability of motivated proposals from elected bodies of primary trade union organizations or other representative body of employees to conduct an unscheduled special assessment of working conditions.

An unscheduled special assessment of working conditions is carried out at the respective workplaces within 12 months from the date of occurrence of the cases from paragraphs 1 and 3. If we are talking about circumstances from paragraphs 2, 4–7, then an unscheduled special assessment is carried out within six months from the date of the relevant circumstances.

If the surname (first name, patronymic) of the employer-entrepreneur has changed or the employer has been reorganized and the events from paragraphs 3-5 and 7 have not occurred, the special assessment can be omitted.

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Special assessment of working conditions: is it necessary to carry out at temporary jobs

At a newly organized workplace, an unscheduled special assessment of working conditions should be carried out. Moreover, it does not matter for how long this job is created. Letter of the Ministry of Labor of 06/07/2017 No. 15-1 / OOG-1568

The report on the special assessment of working conditions is signed by all members of the commission, and approved by its chairman. Each member of the commission who does not agree with the results of the evaluation has the right to state in writing a reasoned dissenting opinion, which is attached to this report.

The employer is obliged to familiarize employees with the results of a special assessment of working conditions at their workplaces against signature. This must be done within thirty calendar days from the date of approval of the report on the special assessment of working conditions, no later. This period does not include periods of temporary disability of the employee, being on vacation or business trip, as well as periods inter-shift rest.

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Use of evaluation results

What should an employer do based on the results of a special assessment of labor? Based on the results of the approval of the special assessment report, the employer will need to:

familiarize employees with the results of the assessment (clause 4, part 2, article 4 of Law No. 426-FZ);
post the results on your website if available (part 6 of article 15 of Law No. 426-FZ);
report to the FSS information on the results of the special assessment (clause 18, clause 2, article 17 of the Federal Law of July 24, 1998 No. 125-FZ “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”).

If the company has conducted a special assessment, it may have to make changes to employment contracts with employees.

It is necessary to amend the employment contract with the employee if the working conditions at his workplace have changed. For instance:

when concluding an employment contract, working conditions were optimal or acceptable (confirmed by the results of attestation of workplaces), and according to the results of a special assessment, they were recognized as harmful or dangerous;
working conditions were harmful or dangerous (confirmed by the results of attestation of workplaces), and according to the results of a special assessment, they were recognized as optimal or acceptable.

In the first case, the employer is obliged to provide the employee with guarantees and compensation for work in new working conditions, and in the second case, the employee is deprived of guarantees and compensation for working in harmful or dangerous working conditions.

How to properly draw up an additional agreement with employees who have identified harmful working conditions?

The organization in the described situation must conclude additional agreements to employment contracts with employees. Reflect in them: a description of working conditions in the workplace, working hours, increased wages for working in hazardous conditions, the procedure for granting and the duration of additional paid leave; provision of therapeutic and preventive nutrition, mandatory medical examination, etc.

How to correctly issue an order for the organization on the results of the conducted SOUT

There are no requirements in the Law on the content of the order, which is issued based on the results of a special assessment. Therefore, the company has the right to reflect in it the information that it deems necessary.

In certain cases, employers must declare that their workplaces comply with established rules and regulations and are not harmful or dangerous to employees. That is, if at the stage of IDENTIFICATION of potentially harmful and (or) hazardous production factors (see above the stages of the special assessment of working conditions) their presence is NOT DETECTED, then it will be necessary to issue a declaration of compliance with working conditions (part 1 of article 11 of Law No. 426-FZ). and the procedure for filling it out were approved by order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n, which came into force on June 8, 2014.

Attention!

If when establishing according to the results of research (tests) and measurements of harmful and (or) hazardous production factors at workplaces of optimal and acceptable working conditions(grades 1 and 2, respectively) declaration of compliance of working conditions with state regulatory requirements is not carried out ().

In accordance with Article 7 of the Law of December 28, 2013 No. 426-FZ, the results of a special assessment can be used, in particular, for the purposes of:

development and implementation of measures to bring working conditions in line with the regulatory requirements of labor protection;
providing employees with personal protective equipment, as well as collective protective equipment;

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

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 technical regulations carried out in order to reduce the class (subclass) of working conditions (in the event of such an assessment);

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 working 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 special assessment of working conditions by order by mail with acknowledgment of receipt or in the form electronic document signed by 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 law 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.

In each organization, employees work in specific conditions. This important factor process labor activity because it affects the performance of the 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.

Specifications

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:

Used work force.
means of production.
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):

Optimal. With them, there is no or very low negative impact on employees.
Permissible. Probably some negative impact, but within the established norms.
Harmful. In this case, there is an excess of the influence of negative factors on the body. The occurrence of occupational diseases is likely.
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 in work time 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? By doing professional activity 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:

Lighting: the norm is 1-2 thousand lumens.
Temperature - the more physical activity, the lower the indicator in the room. At active work the optimal level will be 10-16 degrees, and at an average level - 18-23 degrees.
Noise. The norm is 65 decibels and a frequency of 75,000 Hertz. The noise level will be high if it exceeds 88 decibels.
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 check is carried out with various changes 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. V labor agreement there must be 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 instance, dangerous conditions arose due to high level noise and low temperature.

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:

Providing employees with social benefits, statutory RF.
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:

Contacting a specialized company that has permission to perform such activities.
This firm's identification of the factors of production. workplace hazards.
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.

Find out how to correctly apply the results of a special assessment of working conditions, how documents are drawn up and how to get reimbursement for the cost of the SOUT from the Social Insurance Fund. Download a sample application to the Foundation social insurance.

Read in the article:

Results of a special assessment of working conditions

The duty of the employer established by law is to ensure safe working conditions for employees. To confirm their compliance with state regulations and declare them, from January 1, 2014, all employers must conduct a special assessment of working conditions.

The results of a special assessment are a report compiled by the experts of the organization that conducted the SATS. The report includes a list of jobs, their characteristics, the results of the identification of hazardous and harmful factors, protocols and a summary sheet of the Republic of Moldova.

Report to the FSS on a special assessment of working conditions

In order to receive a discount on the insurance rate, information on the results of the SOUT and the mandatory preliminary and periodic medical examinations carried out must be submitted to the Compulsory Social Insurance Fund. The data is taken as of January 1 of the current calendar year. This procedure is established, which are approved by the Decree of the Government of the Russian Federation of May 30, 2012 No. 524.

To receive a discount, according to, you should contact the territorial office of the Fund (at the place of your registration) before November 1 of the current year. In this case, the insurer must:

lead economic activity at least three years;
timely pay current insurance premiums;
at the time of filing the application not to have arrears in insurance premiums.

In order to reimburse the costs of the SOUT, it is necessary to send an application to the FSS before August 1 on the direction of funds to finance preventive measures.

Attached to the application:

in the current calendar year;
a copy of the list of measures to improve working conditions and labor protection;
a copy or between the employer and the trade union;
copy ;
a copy of the contract with the organization that will conduct the special assessment, indicating the number of jobs being assessed and its cost.

The insurance fund will allocate up to 20 percent of the insurance premiums transferred by the employer to finance preventive measures, including the implementation of the SOUT.

An approximate set of details that should be indicated in the report:

Title of the document;
date of preparation of the document;
registration number;
the place where the document was made;
title;
document text;
a mark on the presence of the application named in the text (subject to availability);
expert's signature (position title, number in the register of experts, personal signature);
signature decoding (initials, surname).

Members of the commission are required to sign the report, even if they do not agree with its content. In this case, they should state their reasoned opinion in writing and attach it to the report.

The deadline for the approval of the report is not legally defined. Within three days after approval, the employer must notify the organization that conducted the SAUT and send there a copy of the report on its implementation (paragraph 5.1 of Article 15 of Law No. 426-FZ). After signing the report on the special evaluation of UT, it cannot be changed. This is established by the Law, as well as the Methodology for conducting a special assessment of working conditions, approved.

The employer has the right:

require the organization that conducted the special assessment to substantiate the results and provide documents confirming their compliance with the requirements of Article 19 of Law No. 426-FZ;
appeal in the manner prescribed by Article 26 of Law No. 426-FZ, the actions (inaction) of the organization that conducted the SAUT.

If the employer has come to the conclusion that the results of the assessment are untrue, he can file a complaint with the territorial GIT, or