Federal law of December 28, 13426 fz. Special assessment of working conditions (sout)

The federal law on the special assessment of working conditions has been in force in Russia for three years. Its norms stipulate that all employers must carry out a SOUT at each workplace, at least once every five years, this requirement has replaced the procedure for attesting 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 FZ 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 a special assessment of working conditions (SAUT), as well as with the implementation of the employer's obligation to ensure the safety of employees in the course of their work and the rights of employees to workplaces . What does the concept of SOUT mean? And how has this normative-legal act changed during its validity?

What is SOUT

A special assessment of working conditions is a single set of measures to identify harmful or dangerous effects of the working environment and the labor process, followed by an assessment of the level of their impact on employees. 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 an authority authorized by the government of the Russian Federation, should be taken into account. It is this definition of SOUT that gives 426-FZ.

All these measures are needed by officials for the sake of caring for the working conditions of citizens, which is expressed in the establishment of classes (subclasses) of jobs. Based on these 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 SATS. All employers must resort to their services at least once every five years, and even more often if new jobs are organized or there are changes in existing ones. Only home-based and remote workers who work on their territory are spared from the need to conduct a SATS. Based on the results of the SOUT, a report is filled out - a 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) hazardous 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 definition of these most dangerous production factors that affect the classes of jobs. This issue is regulated by article 10 of the said law. In particular, it discloses the very concept of "identification of potentially harmful and (or) hazardous production factors." Under it, as follows from the text of the Federal Law on Special Assessment, it should be understood:

Comparison and determination of the coincidence of the factors of the production environment and the labor process at 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 executive body that performs the functions of developing and implementing state policy and regulatory legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

The concept has been deciphered, but it has not become clearer. In simple terms, officials from the Ministry of Labor (which is the same authorized body) approve a number of certain factors that can have a negative impact on workers (poor lighting, air pollution, altitude, etc.) and make their classifier during a special assessment. Then, during the procedure, the inspectors are guided by these indicators, comparing with them what actually exists in each specific area of ​​labor in the organization. If there are no coincidences, it’s good; if it matches, it means that 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, a report form for a special assessment of working conditions and instructions for filling it out was approved. It is these documents that are guided in practice by all interested parties, including experts who directly carry out identification.

Separately, it should be noted 426 FZ Art. 10 p. 6, which contains a list of jobs in respect of which the identification of potentially hazardous production factors is not carried out. Among them, legislators, in particular, carried:

• working conditions of employees whose professions and positions are included in the lists of specialties and institutions (organizations) that fall under the early appointment 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 where citizens, in accordance with legislative and other regulatory legal acts, are provided with guarantees and compensations for work with harmful and (or) dangerous working conditions. The scope and conditions for the provision of such guarantees are established article 219 of the Labor Code of the Russian Federation;
• workplaces where, based on the results of previous certification of workplaces in terms of working conditions (before 2014) or SAUT, harmful or dangerous working conditions have already been established.

How the Federal Law on SOUT has changed

The last significant changes to the 426-FZ on a special assessment of working conditions were made and began to operate 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 obliged to submit a declaration on the SOUT even if the conditions were found to be optimal or acceptable. Until that time, it was necessary to declare the results only if the conditions were recognized as harmless and safe. If the declaration has already been submitted (we will tell you how to draw it up 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 May 1, 2016, employers must submit requests for a special assessment of the conditions at the request of their employees who believe that their workplaces need to be checked.

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

Federal Law No. 421-FZ dated December 28, 2013 for employers, administrative liability was introduced for violating the Federal Law on SOUT. An unconducted special assessment of working conditions (Law 426-FZ) or violation of the requirements for its conduct is punishable by the norms Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation fines in the following amounts:

• if the IP violator - in the amount of 5 thousand to 10 thousand rubles (up to 40 thousand rubles in case of repeated violation);
• 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 a special assessment of employers, a separate measure of punishment is provided. They can be fined up to 10 thousand rubles or limited to a warning. A repeated violation increases the amount of the fine by 4 times and can lead to disqualification for a period of one to three years.

January 01, 2014 was marked by the beginning of the law No. 426 FZ "On a special assessment of working conditions". On the same day, the existence of 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 staff list provides for at least one employee with whom an employment contract has been signed. All employers are required to comply with the law, regardless of the form of ownership. An exception is not made for employees who do not have a permanent workplace on the territory of the employer, for example, sales agents or merchandisers.

Only individual entrepreneurs are exempted from compliance with the law 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-party third parties are not required to comply with the provisions of the law. This provision is valid only if the individual is not registered as an individual entrepreneur.

An employer using home work, if some or all of the employees work remotely from the parent company, is not required to carry out a 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 adversely affect the health of those who work there. In this case, factors may be directly related to the labor function that the employee performs. And they can be justified by the general production environment in which the workplace is located. The labor function of a particular employee may not include either lifting weights or working with combustible substances. But, if his workplace, for reasons justified by production technology, is in a “hot” shop, then such a workplace can hardly be attributed to optimal or acceptable ones.

Only the employer is obliged to pay for all activities related to the law. No fees from employees are allowed.

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

Companies registered after 01/01/2014 are required by law to conduct an initial assessment no later than December 31, 2018. At the same time, a phased procedure is allowed 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 must be subject to a special assessment of working conditions. This also applies to those who work only in the office at computers; and those who work in production; and workers classified as service personnel, such as watchmen, watchmen, cleaners, etc. There is an 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 that adversely affect health at the workplace and all these data are entered in the declaration.

But what about the illumination of the work surface? Artificial illumination should be measured at all workplaces.

Of course, there are jobs to be declared, but they are negligible. The declaration form was approved by Order of the Ministry of Labor dated February 7, 2014 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, then the declaration period will be extended for another 5 years.

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

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 the necessary measures provided for by Federal Law No. 426-ФЗ “On a Special Assessment of Working Conditions”, then if at least one of the following circumstances exists, it becomes necessary to conduct an extraordinary or unscheduled special assessment.
The list of such situations is defined by Art. 17 FZ-426 and includes:

• creation of a new workplace, which did not exist at the time of the last special assessment. For such cases, legislators set aside 6 calendar months for the passage of all necessary measures;
• an accident that occurred at the workplace that passed the test. This also includes cases of occupational diseases of workers;
• there have been significant changes in the technological process; materials, components, means of labor, equipment have changed. If the changes have taken place for the better, 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 for additional pension coverage paid to the Pension Fund;
• the labor inspectorate may decide that a special assessment is necessary, without waiting for the prescribed 5 years, if numerous complaints about working conditions are received.

Special assessment of working conditions. Why carry it out?

The previously existing procedure for attestation of workplaces in terms of working conditions was also mandatory for everyone. But, many preferred to pay a relatively small fine, but not to carry out an expensive procedure. Under the current conditions, the law does not leave such a choice: a fine or a special assessment. Since the beginning of 2015, the fine for an official has been from 5 to 10 thousand rubles. An organization that refuses to carry out the procedures prescribed by law will be punished in the amount of 60 to 80 thousand rubles. All fines and punishments for labor protection are described in detail in Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation. If the company, fined once, does not take measures to correct the situation, then the repeated punishment will be even tougher. The official this time can 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 re-punishment. Art. 5.27.1, part 23 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation.

The procedure for conducting a special assessment of working conditions

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

1. the state should provide for 5 or more experts - holders of certificates, allowing their owner to perform work related to a special assessment of working conditions;
2. at least one of these experts must have a diploma of higher medical education in the field of hygiene, whether it be general hygiene, occupational health, laboratory research of a sanitary and hygienic orientation;
3. the organization must have its own testing laboratory with appropriate accreditation;
4. the organization is included at the time of the special assessment in the register of companies entitled to engage in this type of activity.

The head of the enterprise where the special assessment is being carried out issues an order with his signature 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 provides that in organizations with a staff of 50 people or more, the state must contain a dedicated unit responsible for labor protection. If the payroll is less than 50 people, then it is possible to combine positions.

Behind the scenes it is recommended to put in order all the magazines related to safety. The commission will also require the staffing table 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, then it is recommended to cross them out before the start of the work of the commission. If the company plans to expand the staff in the near future, then before the start of all procedures, it is better to add all positions to the staffing table. This will avoid extraordinary special assessments. This must be done in advance, as jobs for a special assessment will be selected directly from the staffing table.

The selected organization with which the contract for the provision of this type of service is concluded 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 the 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 without fail (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.

Each workplace, according to the results of the assessment, 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;
• Grade 3 - work in such a workplace can be harmful to health;
• Grade 4 - work in such conditions is dangerous to life and health.

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

The assessment has been made. What then?

Each employee of the enterprise within 30 days from the date of completion of the audit must familiarize himself with the conclusions of the commission and the expert against signature. If the enterprise has an official website, then during the same time the results should be posted on it. This is done in accordance with paragraph 6 of article 15 Law No. 426 FZ "On a 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 of the Russian Federation of February 12, 2014 No. NP-30-26/1707 “On additional rates for insurance premiums”. The maximum additional rate is 8%. For workplaces, the working conditions of which are recognized as optimal or acceptable, no additional tariff is charged.

For workplaces in respect of which no harmful factors have been identified, a declaration of conformity is drawn up, provided in the appropriate form and procedure 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 according to the law 426 FZ, we will consider the procedure for conducting a special assessment of working conditions, what are the terms for conducting a special assessment of working conditions, who and with what frequency should be engaged in a special assessment.

See the official document here:
The methodology for conducting special assessment of working conditions:

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

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

BRIEFLY ABOUT SOUT

I Identify hazards

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

A special assessment of the working conditions of the SOUT is a set of sequential measures to identify:

1. Harmful production factors;
2. Hazardous production factors;
3. The severity of labor;
4. Labor intensity.

What is a harmful production factor?

- this is the factor that can lead to both an acute illness during one shift, and a long-term occupational illness 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 harm a worker.

What is hard work?

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

What is labor intensity?

- this is the adoption of managerial decisions, the reading of information. For example, a turner who works on a machine “catches” a measurement so that the product matches the drawing.

II We determine the impact of identified hazards on the employee

So, we have the factors, and we have identified them. All these factors can lead to deterioration of 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 a hearing impairment, i.e. health will deteriorate.

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

III We provide means of individual and collective protection if there is an excess of the maximum permissible levels of concentration of all identified factors.

Everything is clear here. In case of exceeding the levels of hazardous factors, the employer is obliged to provide employees with PPE and collective protective equipment.

IV Answers to frequently asked questions

Who conducts SOUT?

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

How are the results of the SOUT presented?

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

Grade 2 "Permissible"- there are harmful factors, but they are within acceptable values. The worker came home tired, but after he rested and slept, the next morning he feels good and fully recovered. There is no risk of occupational diseases.

Grade 3 "Harmful working conditions"

Harmful working conditions are further subdivided into four subclasses.

Grade 4 "Hazardous working conditions"

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

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

- Art. 92 of the Labor Code of the Russian Federation "Reduction of working hours". Workers working in hazardous working conditions with classes 3.3; 3.4 and 4 class have a reduced working time of no more than 36 hours per week.

- Art. 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 an additional paid vacation in the amount of at least 7 calendar days. Anything over 7 calendar days, the employee has the right to take monetary compensation.

- Art. 147 of the Labor Code of the Russian Federation “Remuneration for Workers Employed in Harmful and Dangerous Working Conditions” For such workers, wages are accrued and paid in an increased amount, at least 4% of the established salary or tariff.

All these conditions must be contained in the employment contract.

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

Conclusions: Working conditions are determined by a special assessment of working conditions. They are needed in order 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 SOUT

Today, it is not necessary to certify workplaces (RM). Instead, a special assessment of working conditions (SUT) is organized everywhere. The change was needed to:

√ Reduce the costs of business entities. If before the introduction of a special assessment for workers whose UT was subject to List 1 or 2, employers paid extra 6-9% in the PF, now the amount of the additional tariff calculated for the company based on the results of the SAUT is 2-7%. In addition, declaring a RM with valid UTs avoids repeated SUTs and related costs.

√ Provide economic incentives to business owners to improve UT. When a newly conducted special assessment of working conditions under Law 426 FZ shows that the negative manifestations of the contact of workers 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, the owners' thoughts about what is more profitable: to pay some additional interest in the Pension Fund for the unresolved effect of adverse factors or to modernize production should remain in the past. The scheme turns out one: less bad influence on workers - you pay less.

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

Who should organize the SOUT?

426 of the Federal Law "On a special assessment of working conditions" explains that this procedure is necessary for all RMs that exist in the country. Exception - RM:

√ which homeworkers have 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 the working conditions of the SOUT is organized exclusively for those RMs where someone is already working. When the RM is vacant, SOUT is not organized for him. Employers who ignore the need for SOUT are fined under Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation.

What are the terms for conducting a special assessment of working conditions?

What are the terms for conducting a special assessment of working conditions depends on:

√ at what time it is organized;
√ what happened earlier on these RMs;
√ what UT are on them now.

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

2. 426 of the Federal Law "On a special assessment of working conditions" prescribes to repeat the SOUT procedure every 5 years.

3. In the case when the UT on the RM turned out to be acceptable, a declaration is submitted to the GIT, in which it is written that the UT meets the labor protection state requirements. In the classic case, it is valid for 5 years. If during this period everything remains the same in terms of UT in the Republic of Moldova, NC and PZ did not occur, then the declaration is extended for a similar period.

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

NS, PZ were fixed (SOUT is carried out for the "spent" RM);
the newly created RMs began to operate;
the technical process has changed, retooling has been carried out, there have been other changes that change the positioning and characteristics of unfavorable factors.

Upon the occurrence of the above events within 180 days from the moment they were recorded, it is necessary to organize a special assessment of working conditions (SAUT). When changing circumstances require an unscheduled SOUT, the results of the previous one are canceled ahead of schedule.

The procedure for conducting a special assessment of working conditions

The indicative 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 (SUT). He concludes a GPA with her. To make it easier for interested parties to find the right specialists, there is a special register. All of them apply the methodology approved by Order 33n for conducting a special assessment of working conditions.

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

Involves representatives from workers (for example, trade union workers), representatives of the labor protection service, other persons;
consists of an odd number of employees of the enterprise, which passes the SOUT;
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 that need SOUT is drawn up. It is important to determine which of them can be classified as similar. 426 of the Federal Law "On a special assessment of working conditions" allows SOUT to be carried out only for 20% of such RM, and the final conclusions can be extended to the remaining 80%. For example, if a company has 100 similar PMs, it is possible to carry out (and pay for) SATS only for 20 of them. It makes good savings. The minimum number of RMs that are worked out according to this principle is 2. For example, if only 5 RMs are recognized as similar, SOUT is carried out for any 2 of these 5.

According to 426 FZ "On a special assessment of working conditions", such are the RM:

Equipped with identical devices for work, protection of workers, similar ventilation systems;
designed to process the same source materials;
placed in type spaces;
requiring the involvement of workers, professions, work regimes, PPE 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 of 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 valid. This means that further measurements are not necessary. For such RM, a declaration is submitted to the GIT. If matches are found, specialized specialists proceed to measurements.

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

For the Republic of Moldova, within which a situation has developed that makes it impossible for specialists-measuring specialists to access, the procedure for conducting a special assessment of working conditions prescribes that UT be classified as dangerous. This is recorded in a special protocol. A copy of it is sent to the GIT no later than 10 days after signing the original. This is done even when the special assessment of the entire list of PMs has not yet been completed.

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

Certificates, permits of an expert organization confirming its right and ability to engage in SOUT, including in companies of a certain profile;
summary sheet of special assessment;
conclusions of the involved specialists;
working documentation of the commission, specialists, experts (maps, measurement protocols and those in which the decision to identify RM as dangerous (if any) is prescribed);
a list of developed RMs (including similar ones);
labor protection measures developed for the RM selected for the special assessment.

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

introduces working people with information relating to them on the conducted special assessment;
publishes summary information about the conducted SOUT on its own Internet resource.

He has 30 days to do so.

7. Entering the results into the register. The information received in the course of the SUT is entered into the special system of state accounting by the experts of the involved organization. From the moment the final document on the SUT is put into effect, they are given 10 days for this.

So, we figured out how law 426 FZ and the methodology for conducting a special assessment of working conditions approved by order 33n are applied for a special assessment of working conditions, what are the deadlines for conducting a special assessment of working conditions, considered the procedure for conducting it and understood which RM it needs to be organized, and on which are not.

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

current

The next in the list of normative legal acts regulating the issues of special assessment of working conditions is the commented Law. It entered into force on January 1, 2014 (with the exception of) and is aimed at the comprehensive regulation of legal relations, the range of which is outlined in the commented Law. This normative legal act is the basic one, 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, the special role of the commented Law is also 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 areas of legal regulation. The basic law is always endowed with a higher legal force than other laws (although formally there are no convincing grounds for this, but there are reasons of a legal and technical nature). In the event of a discrepancy found, the law enforcer should be guided by a legal act of greater legal force. With regard to courts, such an obligation is expressly provided for in Resolution No. 8 of the Plenum of the Supreme Court of the Russian Federation dated October 31, 1995 "On Certain Issues of the Application by the Courts of the Constitution of the Russian Federation in the Administration of Justice."

2. Other legal sources containing norms on the special assessment of working conditions may be federal laws and other normative acts of the Russian Federation, which are understood as decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, normative legal acts of federal executive bodies.

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 binding on the entire territory of 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. It should be added to this 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. of this article, it is established that the resolutions 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 conflict 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 regulatory nature are issued in the form of orders of the Government of the Russian Federation.

Normative legal acts of federal executive bodies 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, resolutions and orders of the Government of the Russian Federation, as well as on the initiative of federal executive bodies 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, in two or more interconnected documents, as well as regardless of its specific name. A 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 an international organization or with another entity, having the right to conclude international treaties, 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 Decree of the Plenum of the Supreme Court of the Russian Federation of October 10, 2003 N 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 considering civil, criminal or administrative cases, such an international treaty of the Russian Federation is directly applied, which entered into force and became mandatory for the Russian Federation, and whose provisions do not require the issuance of domestic acts for their application and are capable of generating rights and obligations for subjects of national law. The courts, as stated in this judgment, must proceed from the fact that an international treaty enters into force in the manner and on the date provided for in the treaty itself or agreed 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 the states participating in the negotiations to be bound by the treaty is expressed (the rule of article 24 of the Vienna Convention on the Law of Treaties).

"On the special assessment of working conditions". In accordance with the new law, a complete replacement of the procedure for attestation of workplaces with a special assessment of working conditions is envisaged. Conducting a special assessment is the responsibility of all employers.

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

Initially, it should be noted that the special assessment replaced the attestation of workplaces, which was enshrined in Article 212 of the Labor Code. The new federal law No. 426-FZ amended a number of other legislative acts, including the labor code and 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 an employee. Based on the results of a special assessment, classes and subclasses of working conditions at workplaces are established."

The legislators provided for who and how should conduct a special assessment, how it is necessary to determine the list of jobs subject to special assessment, the frequency of the assessment, and determined the results of a special assessment of jobs.

In the future, the current sanctions will be replaced by other sanctions 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 amount of the fine will be from 5,000 to 10,000 rubles for officials and individual entrepreneurs, and from 60,000 to 80,000 rubles for legal entities. But there can also be financial benefits from conducting a special assessment! So, based on the results of a special assessment, a discount on FSS contributions is calculated. In addition, when conducting a special assessment, it is possible to avoid the maximum additional contribution to the pension fund in the amount of 6%. In the absence of an assessment, you will have to pay the maximum.

Let's look at how the requirements of Federal Law No. 426 can be implemented using the example of using the Labor Protection program for 1C Enterprise.

At the first stage, it is necessary to complete the formation of 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 the working conditions at 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 employees can work at one workplace at one machine, or one employee can use several pieces of equipment in the work.

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

The program will automatically assign a workplace number, link equipment and a staff unit to the workplace, and at the same time immediately establish for this workplace a list of harmful factors inherent in the equipment used at the workplace.

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

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

Article 9, paragraph 6 of 426-FZ, to simplify work with the same jobs, provides for the concept of similar jobs. "Jobs that are located in one or more similar industrial premises, equipped with the same ventilation, air conditioning, heating and lighting systems, where employees work in the same profession, position, specialty, perform the same labor functions in the same mode of working hours while maintaining 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.

It is necessary to fix the list of similar jobs on the "Analogues" tab in the "Jobs" directory. At the same time, one list of harmful factors, the same set of instructions and personal protective equipment will be used for similar workplaces.

Preliminary preparation of a list of jobs allows you to collect all the necessary information for a special assessment, transfer information to experts to identify harmful factors. All information about the workplace is entered in the workplace passport.

In the second chapter, the federal law on special assessment determines the procedure for conducting a special assessment. To begin with, 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 established commission in the directory of responsible persons. The chairman of the commission, who is also the head of the organization, will be used for substitution in the printed forms of the program.

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 determined by the procedure for conducting a special assessment. It is provided that the commission carries out the identification of 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 recognized by the commission as acceptable, and studies and measurements of harmful and dangerous production factors are not carried out.

If harmful or dangerous production factors at the workplace are identified, the commission decides to conduct research and measurements of these harmful or dangerous production factors. Measurements should 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 the Decree of April 30, 2003 N 76 GN 2.2.5.1313-03 and in the Decree of March 6, 2007 N 10 Hygienic standards GN 2.2.6.2178-07. In the program, this list is already present in the directory, which facilitates the work.

In accordance with Order 426-FZ, a hazard class is established in the Labor Protection 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 fundamental. It is important to familiarize the employee with the results of a special assessment. And if there is a website, then publication of the results on the website is provided.

The frequency of the special assessment is 1 time in 5 years. However, it may also be necessary 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 challenged, 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.