Federal Law dated December 28, 13,426. Special assessment of working conditions (sout)

Federal law on special assessment working conditions has been in effect in Russia for three years now. Its norms stipulate that all employers must carry out special labor safety assessments at each workplace at least once every five years; this requirement has replaced the procedure for certifying workplaces for working conditions. During the validity of this law, most organizations managed to get used to its requirements and study most of its norms, but some of them still raise questions.

What does Federal Law No. 426 require from employers on a special assessment of working conditions? Article 1 of Law 426-FZ states that the subject of its regulation are relations arising in connection with the conduct of a special assessment of working conditions (SOUT), as well as with the implementation of the employer’s obligation to ensure the safety of workers in the process of labor activity and workers' rights to workplaces. What does the very concept of SOUT mean? And how has this legal act changed during its validity?

What is SOUT

A special assessment of working conditions is a unified set of measures to identify the harmful or dangerous effects of the production environment and the labor process, followed by an assessment of the level of their impact on workers. When conducting such a special assessment, the deviation of the actual values ​​of harmful factors from the values ​​​​established by the Ministry of Labor, as a body authorized for this by the government of the Russian Federation, must be taken into account. This is exactly the definition of SOUT given by 426-FZ.

All these measures are needed by officials for the sake of concern for the working conditions of citizens, which is expressed in the establishment of classes (subclasses) of jobs. Based on this data, the organization is assigned a risk class, which affects the amount of insurance premiums for injuries, as well as a number of other nuances. Only specially accredited organizations with the participation of representatives of the employer and trade unions can conduct SOUT. All employers must resort to their services at least once every five years, and even more often if new jobs are created or changes occur in existing ones. Only home-based and teleworkers who work on their territory. Based on the results of the SOUT, a report is filled out - Declaration on the results of the SOUT, which is sent to the territorial State Labor Inspectorate and is valid for 5 years.

Identification of potentially harmful and (or) dangerous production factors

What causes the greatest difficulty for organizations and enterprises in applying the Federal Law on SOUT? Of course, the order of identification, that is, the determination of these most dangerous production factors affecting classes of jobs. This issue is regulated by Article 10 of the said law. In particular, it reveals the very concept of “identification of potentially harmful and (or) dangerous production factors.” By it, as follows from the text of the Federal Law on Special Assessment, it should be understood:

Comparison and establishment of coincidence of the factors of the production environment and the labor process available in the workplace with the factors of the production environment and the labor process provided for by the classifier of harmful and (or) dangerous production factors approved by the federal body executive power, performing the functions of developing and implementing public policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission on regulation of social and labor relations.

The concept has been deciphered, but it has not become clearer. Speaking in simple language, officials from the Ministry of Labor (which is the very authorized body) state a number of certain factors that can have negative impact on workers (poor lighting, air pollution, height, etc.) and compose their classifier when conducting a special assessment. Then, when carrying out the procedure, inspectors focus on these indicators, comparing with them what actually exists in each specific area of ​​work in the organization. If there are no matches, good; if there is a match, it means the employee is in harmful or dangerous conditions. Since the law itself does not regulate all the nuances, by order of the Ministry of Labor of January 24, 2014 N 33n a special Methodology for conducting a special assessment, a Classifier of harmful and (or) hazardous production factors, report forms for conducting a special assessment of working conditions and instructions for filling it out were approved. It is these documents that all interested parties, including experts who directly carry out identification, are guided in practice.

Separately, it should be noted 426 Federal Law Art. 10, paragraph 6, which contains a list of workplaces for which identification of potentially hazardous production factors is not carried out. These legislators, in particular, included:

• working conditions of employees whose professions and positions are included in the lists of specialties and institutions (organizations) that fall under the early assignment of an old-age labor pension. These lists are approved Decrees of the Government of the Russian Federation of June 18, 2002 N 437 And dated July 18, 2002 N 537.;
• workplaces in which citizens, in accordance with legislative and other regulations, are provided with guarantees and compensation for working under harmful and (or) dangerous working conditions. The amounts and conditions for the provision of such guarantees are established Article 219 of the Labor Code of the Russian Federation;
• workplaces in which, based on the results of previously conducted certification of workplaces for working conditions (before 2014) or SOUT, harmful or dangerous working conditions have already been established.

How the Federal Law on SOUT was changed

The latest significant changes to Federal Law 426 on special assessment of working conditions were introduced and came into effect in May 2016. In accordance with these amendments to Federal Law 426-FZ, the requirements for companies that hold this event have changed. In addition, there were two significant changes for employers:

1. they were required to submit a declaration under the SOUT, even if the conditions were considered optimal or acceptable. Until this time, it was necessary to declare results only if the conditions were recognized as harmless and safe. If the declaration has already been submitted (we will tell you how to fill it out correctly in another material), but there have been changes in the classification, it is necessary to submit an updated declaration to the labor inspectorate. Exceptions, as we found out, are listed in paragraph 6 of Art. 10 of Law No. 426-FZ.
2. In addition, from 1 May 2016, employers must submit requests for special assessments of conditions at the request of their employees who believe that their workplaces need to be examined.

Liability for violation of the requirements of 426-FZ on special assessment of working conditions

Federal Law of December 28, 2013 No. 421-FZ Administrative liability was introduced for employers for violation of the Federal Law on SOUT. Failure to carry out a special assessment of working conditions (Law 426-FZ) or violation of the requirements for its implementation is punishable by standards Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation fines in the following amounts:

• if the violator is an individual entrepreneur - in the amount of 5 thousand to 10 thousand rubles (for a repeated violation, up to 40 thousand rubles);
• if the violator is a legal entity - in the amount of 60 thousand to 80 thousand rubles (again up to 200 thousand rubles).

In addition, the violator’s activities may be suspended for up to 90 days.

For officials who are negligent in the issue of special assessment of employers, a separate penalty is provided. They can be fined up to 10 thousand rubles or limited to a warning. Repeated violation increases the fine by 4 times and can lead to disqualification for a period of one to three years.

January 1, 2014 marked the entry into force of Law No. 426 Federal Law “On Special Assessment of Working Conditions”. On the same day, the previously existing order providing for certification of workplaces according to working conditions.

Who is required by law to conduct a special assessment of working conditions?

A special assessment of working conditions in accordance with the new law is included in the obligation for all employers if the staffing table includes at least one employee with whom an employment contract has been signed. All employers are required to comply with the law, regardless of their form of ownership. Employees who do not have a permanent workplace on the employer’s premises, for example, sales agents or merchandisers, are no exception.

Only exempt from compliance with the law individual entrepreneurs, if they work completely independently and do not have a single employee. Individuals who have entered into contracts for the performance of any work with third parties are not required to comply with the provisions of the law. This provision only applies if individual not registered as an individual entrepreneur.

An employer using home working, where some or all of the employees work remotely from the head office, is not required to implement the procedure for such workplaces.

What is a special assessment of working conditions?

The law defines a special assessment of working conditions as a sequence of measures or procedures aimed at identifying production factors that negatively affect the health of those who work there. Factors may be directly related to the job function that the employee performs. And can be justified by the general production environment in which it is located workplace. The job function of a particular employee may not include either heavy lifting or working with flammable substances. But, if his workplace, for reasons justified by production technology, is located in a “hot” workshop, then such a workplace is difficult to classify as optimal or acceptable.

Only the employer is required to pay for all activities related to the work in accordance with the law. Any extortion from employees is unacceptable.

The law allows those organizations that had workers certified on working conditions as of January 1, 2014, to conduct the first special assessment after 5 calendar years, but no later than December 31, 2018.

Enterprises registered after 01/01/2014 are required by law to conduct an initial assessment no later than December 31, 2018. At the same time, it is allowed to carry out the procedure in stages in order to reduce the one-time financial burden.

Assessment of working conditions for office workers

If the workplace is located on the territory of the organization or individual entrepreneur, then it is in mandatory must be subject to a special assessment of working conditions. This also applies to those who work only in the office on computers; and those who work in production; and employees classified as service personnel such as watchmen, watchmen, cleaners, etc. Exists erroneous opinion that office jobs are subject to declaration, i.e. The organization conducting the special assessment indicates in its conclusion that there are no factors in the workplace that negatively affect health and all this data is included in the declaration.

But what to do with the illumination of the working surface? Artificial illumination should be measured at all workplaces.

Of course, jobs that must be declared exist, but they are negligible. The declaration form was approved by Order of the Ministry of Labor dated 02/07/14 No. 82n. The declaration is submitted by the employer and is valid for 5 calendar years. If during this period the working conditions at these workplaces do not change, the declaration period will be extended for another 5 years.

But, this relaxation does not apply to cases, which will be discussed below, in accordance with which the enterprise will be obliged to conduct an unscheduled procedure for assessing workplaces.

When and why is an unscheduled special assessment of working conditions carried out?

If an enterprise or organization has a valid document confirming the implementation of all necessary measures provided for by Federal Law No. 426-FZ “On Special Assessment of Working Conditions”, then if at least one of the following circumstances exists, the need arises to conduct an extraordinary or unscheduled special assessment.
The list of such situations is determined by Art. 17 FZ-426 and includes:

• creation of a new job that did not exist at the time of the last special assessment. For such cases, legislators set aside 6 calendar months to complete all necessary measures;
• an accident that occurred at a tested workplace. This also includes cases of occupational diseases of workers;
• happened significant changes V technological process; materials, components, labor tools, and equipment have changed. If changes occur in better side, then the employer, even if there are costs, will be interested in conducting an unscheduled special assessment of working conditions, since it is its results that will be taken into account when calculating contributions to additional pensions paid to the Pension Fund;
• the labor inspectorate may issue a conclusion on the need for a special assessment without waiting the required 5 years if numerous complaints are received about working conditions.

Special assessment of working conditions. Why carry it out?

The previously existing procedure for certifying workplaces based on working conditions was also mandatory for everyone. But many preferred to pay a relatively small fine rather than undergo an expensive procedure. In the current conditions, the law does not leave such a choice: a fine or a special assessment. The fine for an official since the beginning of 2015 ranges from 5 to 10 thousand rubles. An organization that refuses to carry out procedures prescribed by law will be punished in the amount of 60 to 80 thousand rubles. All fines and penalties for labor protection are described in detail in Part 2 of Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. If an enterprise that has been fined once does not take measures to correct the situation, then the repeated punishment will be even harsher. This time the official may be included in the list of disqualified persons for up to 3 years. The fine for enterprises increases to 200 thousand rubles. Depending on the circumstances, the activities of the enterprise may be suspended for up to 90 days. Part 5 becomes the basis for repeated punishment. Art. 5.27.1, part 23 art. 19.5 Code of Administrative Offenses of the Russian Federation.

The procedure for conducting a special assessment of working conditions

An enterprise that is obliged or intends to voluntarily conduct a special assessment of working conditions is obliged to enter into an agreement with an organization that has a certificate or license for a similar type of activity. Conducting a special assessment of working conditions must be recorded as a main or additional activity for a given organization. In addition, the organization must meet the following requirements:

1. the staff must include 5 or more experts - holders of certificates that authorize their holder to perform work related to a special assessment of working conditions;
2. at least one of these experts must have a higher education diploma medical education in the area of ​​hygiene, be it general hygiene, occupational hygiene, laboratory research of a sanitary and hygienic nature;
3. the organization must have its own testing laboratory with appropriate accreditation;
4. The organization was included at the time of the special assessment in the register of companies that have the right to engage in this type of activity.

The head of the enterprise where the special assessment is carried out issues an order signed by him on the creation of a commission. It is recommended that the number of members be odd. The commission must include a person who is responsible for labor protection at the enterprise. The legislation stipulates that organizations with 50 or more employees must have a dedicated unit responsible for labor protection. If payroll less than 50 people, it is possible to combine positions.

It is a tacit recommendation to get all safety-related logs in order. The commission will also require staffing schedules and employment contracts with all employees. If there are units in the staffing table, the reduction of which has already occurred or is planned in the immediate future, it is recommended to cross them out before the commission begins its work. If the company plans to expand its staff in the near future, then before starting all procedures it is better to add all positions to the staffing table. This will allow you to avoid extraordinary special assessments. This must be done in advance, since jobs for a special assessment will be selected directly from the staffing table.

The selected organization, with which an agreement has been concluded for the provision of this type of service, conducts research at all workplaces to identify factors that have a negative impact on health. After all the necessary tests and measurements have been carried out, the organization performing the special assessment draws up a report in accordance with Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n. All measurement protocols and expert reports must be attached to the report. Familiarize yourself with the list of documents that must be attached to the report (Clause 1, Article 15 of Law No. 426-FZ). The report must be signed by all members of the commission and endorsed by the head of the enterprise.

Based on the assessment results, each workplace receives an assigned class:

• Class 1 – the workplace is considered absolutely safe for health;
• Class 2 – working conditions at such a place are considered acceptable;
• Class 3 – working in such a workplace can be harmful to health;
• Class 4 – work in such conditions is dangerous to life and health.

The classification of workplaces is described in detail in Part 2 of Part 2. 3, section 14 of Law No. 426-FZ. If the enterprise has workplaces with a hazard class of 3 or 4, the organization will be obliged to pay additional contributions to the Pension Fund in accordance with Art. 58.3 Federal Law No. 2012-FZ dated July 24, 2009 “On insurance contributions to the PRF.”

The assessment has been completed. What then?

Each employee of the enterprise, within 30 days from the end of the inspection, must familiarize himself with the conclusions of the commission and the expert against signature. If the company has an official website, then within the same time the results should be posted on it. This is done in accordance with paragraph 6 of Article 15 Law No. 426 Federal Law “On special assessment of working conditions”.

For an enterprise, the assessment of working conditions serves as the basis for charging additional contributions to the Pension Fund. The amount of contributions is determined in accordance with the letter of the Pension Fund dated February 12, 2014 No. NP-30-26/1707 “On additional tariffs of insurance contributions.” The maximum additional tariff is 8%. For workplaces where working conditions are considered optimal or acceptable, no additional tariff is charged.

For workplaces for which no harmful factors have been identified, a declaration of conformity is drawn up and submitted in the appropriate form and manner to the labor inspectorate. The validity period of such a declaration does not exceed 5 years, that is, until the next special assessment of working conditions.

Below we will understand how a special assessment of working conditions is carried out in accordance with Federal Law 426, we will consider the procedure for conducting a special assessment of working conditions, what are the deadlines for conducting a special assessment of working conditions, who should carry out the special assessment and with what frequency.

See the official document here:
Methodology for special assessments of working conditions:

On January 1, 2014, in accordance with Federal Law 426, a special assessment of working conditions (SOUT) procedure appeared, which replaced the workplace certification event. According to the SOUT, there is a significant reduction in costs for various procedures. Namely, many workplaces do not require various instrumental measurements at all.

So, working conditions are determined by a special assessment of working conditions.

BRIEFLY ABOUT THE SOUTH CARRYING OUT

I Identifying hazards

What does Federal Law 426 Federal Law on special assessment of working conditions define? Imagine that you are at your workplace. Ask yourself, can you determine the presence of harmful and dangerous factors that will affect you? So...

Special assessment of working conditions SOUT is a set of sequential measures to identify:

1. Harmful production factors;
2. Hazardous production factors;
3. Hard work;
4. Labor stress.

What is a harmful production factor?

- this is the factor that can lead to both acute illness during one shift and long-term occupational disease in the course of daily work. Most often in the workplace this is a decrease in hearing acuity (hearing loss).

What is a hazardous production factor?

- This is the factor that can lead directly to injury. For example, rotating parts of an electrical installation can cause injury to a worker.

What is the severity of work?

- this is how long a person sits in the same position, how much he walks, bends, how much he carries a load.

What is labor intensity?

- this is making management decisions, reading information. For example, a turner who works on a machine “takes” measurements so that the product matches the drawing.

II Determine the impact of identified hazardous factors on the employee

So, we have the factors, and we have identified them. All these factors can lead to a deterioration in your health or not? Well, for example, I’m sitting in the car and soft music is playing on the radio. It is clear that this will not lead to hearing loss. But if I turn up the volume well and listen to the receiver every day for 8 hours a day, then it is clear that there will be hearing impairment, i.e. there will be a deterioration in health.

Therefore, we must determine the impact of the identified factors on the employee.

III We provide individual and collective protective equipment in the event that the maximum permissible concentration levels of all identified factors are exceeded.

Everything is clear here. If the levels of hazardous factors exceed levels, the employer is obliged to provide workers with personal protective equipment and equipment. collective defense.

IV Answers to frequently asked questions SOUT

Who conducts SOUT?

The work is carried out by a commission that exists at the enterprise with the invitation of experts from a specialized organization that has permission from the Ministry of Labor and Social Development.

How are the results of the SOUT reported?

Based on the results of the SOUT, a conclusion will be issued on what the working conditions are in the workplace.

How many classes of working conditions are there?

There are 4 classes of working conditions:

1st class “Optimal”— there are no harmful factors in the workplace. There is no risk of occupational disease.

Class 2 “Acceptable”— there are harmful factors, but they are within acceptable limits. The worker came home tired, but after he rested and slept, the next morning he felt good and was completely recovered. There is no risk of occupational diseases.

Grade 3 “Harmful working conditions”

Harmful working conditions are further divided into four subclasses.

Grade 4 “Hazardous working conditions”

What benefits does an employee receive according to the Labor Code of the Russian Federation if his working conditions are classified as classes 3 and 4?

It is important to note that if the work falls under classes 1 and 2, then the employee is not entitled to any benefits, guarantees or compensation. But in classes 3 and 4, according to the Labor Code of the Russian Federation, an employee is entitled to the following benefits:

— St. 92 of the Labor Code of the Russian Federation “Reducing working hours.” Workers working in hazardous working conditions with classes 3.3; 3.4 and 4th grades have a reduced working time of no more than 36 hours per week.

— St. 117 of the Labor Code of the Russian Federation “Annual paid leave” Employees working in hazardous working conditions with classes 3.2; 3.3; 3.4 and 4 have additional paid leave of at least 7 calendar days. Anything over 7 calendar days, the employee has the right to receive monetary compensation.

— St. 147 of the Labor Code of the Russian Federation “Remuneration for workers employed in harmful and dangerous working conditions” For such workers, it is calculated and paid wage in an increased amount, not less than 4% of the established salary or tariff.

All these conditions must be contained in employment contract.

When all these classes are established, the employer is obliged to familiarize you with the results of a special assessment of working conditions within 1 month after approval of the report. The employee must sign for familiarization.

Conclusions: Working conditions are determined by a special assessment of working conditions. They are needed to identify harmful and dangerous factors in the workplace, so that the employer can determine what guarantees and compensation the employee is entitled to. And these working conditions must be specified in the employment contract.

DETAILS ABOUT THE SOUTH

Today there is no need to certify workplaces (WM). Instead, a special assessment of working conditions (SOUT) is organized everywhere. Replacement was needed to:

√ Reduce costs for business entities. If before the introduction of a special assessment for workers whose work conditions fell under List 1 or 2, employers paid an additional 6-9% to the Pension Fund, now the amount of the additional tariff calculated for the company based on the results of the Special Assessment is 2-7%. In addition, declaring PM with acceptable TS allows you to avoid repeated SOUT and related costs.

√ Economically stimulate enterprise owners to improve operating standards. When a newly conducted special assessment of working conditions in accordance with Federal Law 426 shows that the negative manifestations of workers’ contact with OPF and VPF are completely excluded by the protection applied, then the additional tariff for them is 0% (you do not have to pay extra at all). Therefore, owners’ thoughts about what is more profitable: paying some extra interest in the pension fund for the unaddressed effects of unfavorable factors or modernizing production should remain a thing of the past. The scheme turns out to be the same: less bad influence on workers - you pay less.

√ and monitoring the state of working conditions (WC) in companies of any profile.

Who should organize SOUT?

426 of the Federal Law “On Special Assessment of Working Conditions” explains that this procedure is necessary for all RMs that exist in the country. Exception – RM:

√ which homeworkers organized for themselves;
√ workers who perform their tasks remotely;
√ workers employed by individuals (for example, gardeners, cooks, nannies of private households).

A special assessment of working conditions by SOUT is organized exclusively in those workplaces where someone already works. When a RM is vacant, SOUT is not organized for it. Employers who ignore the need for SOUT are fined under Art. 5.27.1 Code of Administrative Offenses of the Russian Federation.

What is the time frame for conducting a special assessment of working conditions?

The timing of a special assessment of working conditions depends on:

√ when will it be organized;
√ what happened in these RMs before;
√ what TS are on them now.

1. Companies with certified RM, the results for which are still valid, are allowed to organize an SOUT for the first time after the end of the period specified in the documents. However, if you wish, you do not have to wait for this date: you can organize a special assessment earlier.

2. 426 Federal Law “On Special Assessment of Working Conditions” requires that the SOUT procedure be repeated every 5 years.

3. In the case where the labor standards in the Republic of Moldova turn out to be acceptable, a declaration is submitted to the State Labor Inspectorate, which states that the labor standards comply with state labor protection requirements. In the classic case, it is valid for 5 years. If during this period everything in the management plan for the Republic of Moldova remains the same, no NA or PP has occurred, then the declaration is extended for a similar period.

4. Law 426 Federal Law requires a special assessment of working conditions to be organized unscheduled if:

NS, PZ are recorded (SOUT is carried out for the “spent” RM);
newly created RMs began to be exploited;
the technical process changed, re-equipment was made, there were other changes that changed the positioning and characteristics of unfavorable factors.

If the above events occur within 180 days from the moment they were recorded, you need to have time to organize a special assessment of working conditions (SOUT). When changing circumstances require an unscheduled special assessment, the results of the previous one are canceled ahead of schedule.

The procedure for conducting a special assessment of working conditions

The approximate procedure for conducting a special assessment of working conditions recommends the following sequence of actions:

1. Preparation of cooperation. The employer organizes and finances a special assessment of working conditions (SOUT). He enters into a GPA with her. To make it easier for interested parties to find the right specialists, there is a special register. All of them use the methodology for conducting a special assessment of working conditions approved by Order 33n.

2. Preparations. A local regulatory document is issued on the formation of a special assessment commission, which:

Involves representatives of workers (for example, trade union workers), representatives of the labor protection service, and other persons;
consists of an odd number of employees of the enterprise that undergo SOUT;
is headed by the employer personally or by a person appointed by him (for example, an executive director).

Before the start of work, a list of RMs in need of SOUT is compiled. It is important to determine which of them can be considered similar. 426 of the Federal Law “On Special Assessment of Working Conditions” allows for special assessment of labor conditions to be carried out on only 20% of such work sites, and the final conclusions to be extended to the remaining 80%. For example, if a company has 100 similar PMs, it is possible to carry out (and pay for) SOUT only for 20 of them. It turns out to be a good saving. The minimum number of RMs that are processed according to this principle is 2. For example, if only 5 RMs are recognized as similar, the SOUT is carried out for any 2 of these 5.

According to Federal Law 426 “On special assessment of working conditions”, the following RMs are considered:

Equipped with identical devices for work, protection of workers, similar ventilation systems;
intended for processing identical starting materials;
located in typical spaces;
requiring the involvement of workers, professions, work regimes, PPE of which are identical.

3. Definition of OPF and VPF causing harm to workers. At this stage, experts from a special organization come into play. Guided by the 33n method for conducting a special assessment of working conditions, they find out whether the detected factors are indicated in the special classifiers. The results are reviewed and approved by the commission. If no matches are found, the UTs are considered acceptable. This means that further measurements are not necessary. For such RM, a declaration is submitted to the State Tax Inspectorate. If a match is found, specialized specialists proceed to measurements.

4. Measurements. They are organized in the sequence set out in the 33n-methodology for conducting a special assessment of working conditions. All measurements are documented. Each of the factors requires the execution of a separate protocol. Later, UTs in the RM are classified according to the characteristics of a set of factors.

For RMs within which a situation has developed that makes it impossible for specialist surveyors to gain access, the procedure for conducting a special assessment of working conditions prescribes that UTs should be classified as dangerous. This is recorded in a special protocol. A copy of it is sent to the State Tax Inspectorate no later than 10 days after signing the original. This is done even when the special assessment of the entire list of RMs has not yet been completed.

5. Processing of results. The final report includes information from:

Certificates, permits from an expert organization confirming its right and ability to engage in special equipment, including in companies of a certain profile;
summary statement of special assessment;
opinions of the specialists involved;
working documentation commissions, specialists, experts (maps, measurement protocols and those that prescribe the decision to identify PM as dangerous (if any));
list of worked RMs (including similar ones);
labor protection measures developed for the RMs selected for special assessment.

6. Familiarization. After the final report has been signed by all authorized persons, the employer:

introduces workers with information concerning them on the special assessment carried out;
will make public summary information about the SOUT carried out on your own Internet resource.

He is given 30 days to do this.

7. Entering the results into the register. The information obtained during the SOUT is entered into the special state accounting system by experts of the involved organization. From the moment the final document on the SOUT is put into effect, they are given 10 days to do this.

So, we figured out how the law 426 Federal Law and the methodology for conducting a special assessment of working conditions, approved by Order 33n, are used for a special assessment of working conditions, what are the deadlines for conducting a special assessment of working conditions, examined the procedure for its implementation and understood in which RMs it needs to be organized, and on some - no.

You can download 426 Federal Laws and the methodology for conducting SOUT using the links posted at the beginning of the article. (8 ratings, average: 4,38 out of 5)

Active

Next in the list of normative legal acts regulating the issues of special assessment of working conditions is the Law under comment. It came into force on January 1, 2014 (with the exception of) and is aimed at comprehensive regulation of legal relations, the scope of which is outlined in the commented Law. This regulatory legal act is basic; it contains the main legislative definitions of many concepts, specifies the formulations of the Russian Federation regarding the rights and obligations of the employee and employer in the field of special assessment of working conditions, regulates the activities of organizations conducting this assessment, etc.

Undoubtedly special role The commented Law is confirmed by the commented article, which provides that the norms of other legal acts adopted in this area must comply with the provisions of the Russian Federation and the commented Law. This is a fairly traditional approach, implemented by the legislator in all relatively narrow sectors. legal regulation. The basic law is always endowed with higher legal force compared to other laws (although formally there are no convincing reasons for this, there are reasons of a legal and technical nature). In the event of a detected contradiction, the law enforcer must be guided by a legal act of greater legal force. In relation to courts, such an obligation is expressly provided for in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 31, 1995 No. 8 “On some issues of the application of the Constitution by courts Russian Federation in the administration of justice."

2. Other legal sources containing rules on special assessment of working conditions may be federal laws and other regulations of the Russian Federation, which means decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, regulatory legal acts federal bodies executive power.

The publication by the President of the Russian Federation of decrees, as well as orders, is provided for by the Constitution of the Russian Federation. According to this article, decrees and orders of the President of the Russian Federation are mandatory for execution throughout Russia. The same article establishes that decrees and orders of the President of the Russian Federation should not contradict the Constitution of the Russian Federation and federal laws. To this it should be added that only those decrees of the President of the Russian Federation that are of a normative nature are normative legal acts.

The Government of the Russian Federation, as established in the Constitution of the Russian Federation, on the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation, issues resolutions and orders and ensures their implementation. This article establishes that decrees and orders of the Government of the Russian Federation are binding in Russia. Decrees and orders of the Government of the Russian Federation in case of their contradiction with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation in accordance with this article may be canceled by the President of the Russian Federation. Acts of a normative nature are issued in the form of resolutions of the Government of the Russian Federation; acts on operational and other current issues that do not have a normative nature are issued in the form of orders of the Government of the Russian Federation.

Regulatory legal acts of federal executive authorities are issued on the basis of and in pursuance of federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, as well as on the initiative of federal executive authorities within their competence.

According to Art. 2 of the Vienna Convention on the Law of Treaties (May 23, 1969), a treaty is an international agreement concluded between states in writing and governed by international law, regardless of whether such an agreement is contained in one document, two or more related ones documents, as well as regardless of its specific name. Similar wording is used by the domestic legislator: according to Art. 2 of the Federal Law of July 15, 1995 N 101-FZ "On International Treaties of the Russian Federation" the term "international treaty of the Russian Federation" means an international agreement concluded by the Russian Federation with a foreign state (or states), with international organization or with another entity that has the right to conclude international agreements, in writing and governed by international law, regardless of whether such an agreement is contained in one document or in several related documents, and also regardless of its specific name.

As follows from the resolution of the Plenum of the Armed Forces of the Russian Federation of October 10, 2003 No. 5 “On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation”, when the court considers civil, criminal or administrative cases, such an international treaty of the Russian Federation is directly applied, which came into force and became mandatory for the Russian Federation, and the provisions of which do not require the issuance of internal acts for their application and are capable of generating rights and obligations for subjects of national law. The courts, as stated in this resolution, must proceed from the fact that an international treaty comes into force in the manner and on the date provided for in the treaty itself or agreed upon between the states participating in the negotiations. In the absence of such a provision or agreement, the treaty enters into force as soon as the consent of all states participating in the negotiations to be bound by the treaty is expressed (rule of Article 24 of the Vienna Convention on the Law of Treaties).

"On special assessment of working conditions." In accordance with the new law, a complete replacement of the workplace certification procedure with a special assessment of working conditions is provided. Conducting a specific assessment is the responsibility of all employers.

Let's figure out what this means for businesses? What should you do if you need to conduct a special assessment of working conditions? And How can conducting a special labor assessment be beneficial for an enterprise?

Initially, it should be noted that the special assessment replaced the certification of jobs, which was enshrined in Article 212 of the Labor Code. New the federal law No. 426-FZ introduced changes to a number of other legislative acts, including labor Code, and in the administrative code. According to Federal Law 426: “a special assessment is a single set of consistently implemented measures to identify harmful and (or) dangerous production factors and assess the level of their impact on the employee. Based on the results of the special assessment, classes and subclasses of working conditions in the workplace are established.”

Legislators stipulated who should conduct a special assessment and how, how it is necessary to determine the list of jobs subject to a special assessment, the frequency of the assessment, and determined the results of the special assessment of jobs.

To replace today's sanctions in the future, other sanctions will be established by law, provided for by draft Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation, which will come into force in 2015. The fine will be for officials and individual entrepreneurs from 5,000 to 10,000 rubles, and for legal entities- from 60,000 to 80,000 rubles. But there can also be financial benefits from conducting a special assessment! So, based on the results of a special assessment, a discount on Social Insurance contributions is calculated. In addition, when conducting a special assessment, it is possible to waive the maximum additional contribution to the pension fund in the amount of 6%. If there is no assessment, you will have to pay the maximum.

Let's look at how you can implement the requirements of Federal Law No. 426 using the example of using the "Labor Safety" program for 1C Enterprise.

At the first stage, it is necessary to create a list of jobs subject to special assessment. Article 4 paragraph 2 §2 obliges the employer to provide the necessary information, documents and information that characterize working conditions in the workplace, as well as explanations on the issues of conducting a special assessment of working conditions.

When preparing information on workplaces, it should be taken into account that several workers can work at one workplace at one machine, and one employee can use several pieces of equipment in their work.

To compile a list of jobs in the Occupational Safety and Health program, you must use one of 3 methods: create a list of jobs according to staffing table, according to the list of main equipment or add a list of workplaces to the list.

The program will automatically assign a workplace number, link equipment and staffing positions to the workplace, and immediately establish for this workplace a list of harmful factors characteristic of the equipment used at the workplace.

The created list of jobs can be adjusted taking into account the requirements of the law and it is possible to both add and exclude jobs from the list that should not participate in the special assessment.

In accordance with the position of legislators, office workplaces are also the subject of a special assessment, and accordingly, all such places must be taken into account in the list. Additionally, for each workplace it is necessary to indicate the equipment used in the technological process, the materials used, and create a description of the workplace.

To simplify work with identical workplaces, Article 9, paragraph 6, 426-FZ provides for the concept of similar workplaces. “Workplaces that are located in one or more similar production premises, equipped with the same ventilation, air conditioning, heating and lighting systems, in which workers work in the same profession, position, specialty, perform the same labor functions in the same working hours when conducting the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment."

You need to secure a list of similar jobs on the “Similar” tab in the “Workplaces” directory. At the same time, for similar workplaces the same list of harmful factors, the same set of instructions and personal protective equipment will be used.

Preliminary preparation of a list of workplaces allows you to collect all the necessary information for conducting a special assessment and transmit information to experts to identify harmful factors. All information about the workplace is entered into the workplace passport.

In the second chapter, the federal law on special assessment defines the procedure for conducting a special assessment. First, the manager needs to make an administrative document in which to create a commission to conduct a special assessment. The commission is created with the participation of a representative of the employer, a manager, a labor protection specialist and a representative of the trade union body. It is advisable to include representatives of the created commission in the directory of responsible persons. The chairman of the commission, who is also the head of the organization, will be used to substitute the program in printed forms.

To create the necessary instructions, the program provides a special document “Start of a special assessment”. Which allows you to determine the members of the commission, the list of jobs for the next or extraordinary special assessment and the work plan of the commission.

Much attention in the text of the law is given to the procedure for conducting a special assessment. It is provided that the commission identifies potentially harmful and (or) dangerous production factors, Article 10.

If harmful or dangerous production factors at the workplace are not identified, the working conditions at this workplace are considered acceptable by the commission, and research and measurements of harmful and dangerous production factors are not carried out.

If harmful or dangerous production factors in the workplace are identified, the commission decides to conduct research and measurements of these harmful or dangerous production factors. Measurements must be carried out by the organization conducting the special assessment. Chapter 3 of the law pays great attention to the requirements for such organizations.

The list of harmful substances that may be present in the technological process was previously provided for in Resolution No. 76 GN 2.2.5.1313-03 of April 30, 2003 and in Resolution No. 10 Hygienic Standards GN 2.2.6.2178-07 of March 6, 2007. In the program, this list is already present in the reference book, which makes the work easier.

In accordance with Order 426-FZ, the hazard class is established in the Occupational Safety and Health program.

The measurement results must be reflected in the special assessment report. The form of the report has not yet been determined, but this is not essential. It is important to familiarize the employee with the results of the special assessment. And if there is a website, then it is possible to publish the results on the website.

The frequency of special assessment is once every 5 years. However, there may be a need to conduct an unscheduled special assessment if there have been changes in the equipment of the workplace, the results of the special assessment have been disputed, injuries or accidents have occurred at work and in a number of other cases. In any of these cases, you will again need to use the help of the Occupational Safety and Health program and seek the services of a specialized organization.