The period of the sout. Validity period of the special assessment of working conditions

26.12.2017 13:22:00

A special assessment of working conditions is a procedure that is, of course, mandatory for every employer in Russia. And, although the SOUT procedure is formalized at the official level, it contains rather liberal theses. For example, the timing of the SOUT in the organization. As follows from paragraph 6 of Art. 27 of the Federal Law “On Special Assessment of Working Conditions” No. 426-FZ, inspection of some places is allowed to be carried out in stages, the main thing is to complete it by the end of December 2018.

A special assessment of working conditions is a procedure that is, of course, mandatory for every employer in Russia. And, although the SOUT procedure is formalized at the official level, it contains rather liberal theses. For example, the timing of the SOUT in the organization. As follows from paragraph 6 of Art. 27 of the Federal Law “On Special Assessment of Working Conditions” No. 426-FZ, inspection of some places is allowed to be carried out in stages, the main thing is to complete it by the end of December 2018.

Courts evaluate this requirement differently and sometimes issue contradictory rulings. It happens that fines for missed deadlines for conducting SOUT reach two hundred thousand rubles. To avoid financial losses, the employer needs to clearly understand the frequency with which the SOUT is carried out, how the initial and subsequent inspections differ, what is the validity period of the SOUT, and so on.

SOUTH: FREQUENCY AND TIMELINES

When starting its activities, a new organization sometimes does not even suspect what activities it will need to carry out - even if they are of a purely formal nature. Any enterprise in Russia is required by law to undergo the SOUT procedure. The period for the first time (for new organizations) is no more than six months. That is, after registering a company, the employer must conduct an inspection of working conditions in the first 6 months of its work.

If an enterprise has existed for more than six months, and an inspection has never been carried out since its formation, then this must be done as quickly as possible, or better, as they say, yesterday. The results of the special assessment are valid for 5 years from the date of issuance of the report based on the results of the audit. Conducting special labor safety measures in the workplace, in accordance with the Labor Code Russian Federation, is explained by the fact that the employer undertakes to ensure: safety and labor protection of workers; informing employees about the conditions under which they work, and so on.

Also from Art. 219 Labor Code It follows that employees can count on: safety and security of the conditions in which they work; informing about the danger/harmfulness of these conditions. When hiring a job, a person has every right request information from your employer about the level of risk and potential (or actual) harmful factors in the work process. Even if it concerns the banal presence of a computer screen. If the employer ignores this right and does not disclose information to the hired employee, the employee can contact the state supervisory authority. The very fact of such treatment already means for the employer a fine of 80 thousand rubles and a requirement for an urgent special assessment of working conditions. If the state supervision order remains unheeded, the organization faces suspension of activities for up to 90 calendar days.

SOUTH RESULTS: WHAT TO DO WITH THE INSPECTION RESULTS?

Based on the results of the assessment, harmful factors may not be identified at all. In this case workplace can be declared to the Labor Inspectorate. Since the working conditions at this place comply with labor safety standards, it means that there is no need to inspect this place in the future. If the employer does not reorganize the workplace in the next 5 years, then he will not need an unscheduled SOUT. The declaration will be automatically renewed. Then the validity period of the SOUT is 5 years. But the law does not allow interruptions in inspections. Therefore, after five years, the employer must already have the results of mandatory certification of workplaces for working conditions (AWC).

If the employer carried out an automated work procedure no later than January 1, 2014, then he is allowed not to do any checks until the expiration of the certification.

TIMELINES FOR UNSCHEDULED SOUTH

Any employer may have reasons for an extraordinary assessment.

In such cases, the frequency of the special labor assessment shifts, and the organization has the right to conduct a labor assessment within two time intervals: six months and a year.

WHAT TO DO AFTER THE SPECIAL ASSESSMENT?

When the SOUT procedure is completed and the report on its results is approved, the employer must notify the inspection organization within 3 working days; within a month (30 days), familiarize employees with the results of the SOUT (they must sign after reading), post the information no later than 30 days about the results of the SOUT on the enterprise’s website (if available).

FOR WHAT TIME ARE THE MATERIALS AND SOUTH REPORTS VALID?

The deadline for preparing reporting documentation is determined by the employer at the stage of collecting the inspection commission. The period of storage of materials according to SOUT in archives is 45 years, and in case of detection of dangerous/harmful production factors - 75 years. The validity period of materials according to the safety standards is during the entire period of establishment of the hazard class or during the validity period of the declaration that working conditions comply with safety standards.

Publication source: 1sout.ru.

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Article 17. Conducting an unscheduled special assessment working conditions

1. An unscheduled special assessment of working conditions should be carried out in the following cases:

1) commissioning of newly organized workplaces;

2) receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with violations of the requirements of this Federal Law or state regulatory requirements for protection identified during the federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law standards labor contained in federal laws and other regulatory legal acts of the Russian Federation;

(as amended by Federal Law dated May 1, 2016 N 136-FZ)

(see text in previous)

3) change technological process, replacement production equipment, which can influence the level of exposure to harmful and (or) hazardous production factors on workers;

4) changes in the composition of materials and (or) raw materials used that can influence the level of exposure to harmful and (or) hazardous production factors on workers;

5) change in the means of individual and collective defense, capable of influencing the level of exposure to harmful and (or) hazardous production factors on workers;

6) an industrial accident that occurred at the workplace (except for an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the employee’s exposure to harmful and (or) dangerous production factors;

7) the presence of motivated proposals from elected bodies of primary trade union organizations or another representative body of workers to conduct an unscheduled special assessment of working conditions.

An unscheduled special assessment of working conditions is carried out at the relevant workplaces within twelve months from the date of occurrence of the cases specified in paragraphs 1 and 3 of part 1 of this article, and within six months from the date of occurrence of the cases specified in paragraphs 2, 4 - 7 of part 1 of this article.

(Part 2 as amended by Federal Law dated May 1, 2016 N 136-FZ)

(see text in previous)

3. In the event of a change in the name, surname or patronymic (if any) of the employer - an individual entrepreneur, the reorganization of the employer - a legal entity or a change in the name of the workplace, which did not entail the occurrence of grounds for conducting an unscheduled special assessment of working conditions provided for in paragraphs 3 - 5 and 7 of part 1 of this article, an unscheduled special assessment of working conditions may not be carried out. The decision not to conduct an unscheduled special assessment of working conditions must be made by the commission.

(Part 3 introduced by Federal Law dated May 1, 2016 N 136-FZ)

4. In the case of an unscheduled special assessment of working conditions, provided for in paragraph 2 of part 1 of this article, for the period before the approval of the report on its conduct, the situation of workers employed in the workplaces in respect of which an unscheduled special assessment of working conditions is carried out is not allowed to deteriorate, in part guarantees and compensation provided to them for work with harmful and (or) dangerous working conditions in comparison with their situation before a special assessment of working conditions, the results of which were obtained in violation of the requirements of this Federal Law.

The absence of a special assessment entails an administrative fine or suspension of activities for 3 months. To avoid penalties for late assessment reports, you need to know the time of the last examination. The registration process may take 2 months from the date of signing the order to the submission of the report to the Labor Inspectorate. The deadline is 30 working days before the expiration date of the previous document.

Timing of SOUTH in the organization

The whole process takes 25-30 days excluding weekends and holidays.

Everything is done in stages:

An order is issued, a commission is appointed, and a list of jobs is approved.

An agreement is concluded with a licensed organization that operates in the field of CO.

The company is carrying out the necessary work. A report on the results of the research is prepared.

The documents are handed over to the commission for study and signing of the final report.

Enterprise employees receive research maps for review (period - 30 days).

The final data enters a single information system taking into account the results of assessment of labor conditions.

The employer is required to submit assessment information to the Federal Social Insurance Fund of the Russian Federation.

The time period for submitting a completed declaration to the State Labor Inspectorate is 1 month from the date of approval of the inspection report.

Timely measures taken to assess the technical requirements will protect the company from penalties from the Inspectorate in the event of an inspection.

Timing of SOUTH at new workplaces

The creation of additional positions or the reorganization of existing positions with changes in working conditions entails their additional verification. Part 2 Art. 17 Federal Law No. 426 establishes the time of SO no later than 6 months from the date of creation of the workplace and 1 year from the reorganization. If the previous document has not yet expired, the new assessment will be considered unscheduled. Newly created organizations are required to complete certification within a six-month period from the date of registration.

Federal Law of the Russian Federation No. 426 “On special assessment of labor” established the final date of inspection - the last day of 2018 for enterprises that did not take measurements. If work areas were subject to certification before December 31, 2013, then its results are valid for 5 years.

Before the expiration of the previous study, assessment work of the UT must be carried out.

Validity period of SOUT, when is a renewing required?

RS of working conditions is mandatory for every organization that has employees.

The study is carried out every 5 years. The effect of the CO is extended if there are no harmful factors and the labor processes remain the same.

Organizations create a schedule of assessment activities. Frequency: 60 months. New measurements must be taken in advance. Data must be ready for last number actions of old documents.

If the number of jobs has increased or the work environment has changed, additional monitoring is carried out. Only changed conditions are examined. The document remains valid for the entire five-year period.

Certification cards have an expiration date of 5 years. All appraisal documentation is stored for 45 years. If the labor process is difficult and harmful - 75 years. The period is established by law (Order of the Ministry of Culture No. 558 of August 25, 2010).

Unscheduled assessment of working conditions

The law allows for 6 to 12 months for off-schedule monitoring. Organized according to the principle of basic control. The regulations were provided by the Ministry of Health and Social Development (order No. 324n, paragraphs 47, 48).

For new certification the head of the enterprise issues an order to begin VSUT. On its basis, a commission is formed.

Algorithm for further actions:

The commission compiles a list of workplaces for inspection.

An agreement is concluded with an appraisal company.

The specialist generates a report based on the inspection data. It is confirmed by members of the commission and the director of the enterprise.

After reading the document, employees sign it.

The results of the report are sent to the Federal Social Insurance Fund of the Russian Federation and posted on the company’s website.

The declaration is submitted to the State Tax Inspectorate.

Unscheduled SOUT is carried out in the following cases

new work places are organized;

there was an accident at work or occupational diseases were discovered among workers;

technologies changed when equipment was changed;

raw materials have changed in production;

the labor inspector issued an order to the manager;

Company employees are demanding an unscheduled assessment to improve the working environment.

The need for additional research between COs carried out on schedule is caused by changes in working conditions at the enterprise.

The VSUT can be initiated by the head of the company, the trade union, or state supervision represented by an inspector (if violations of the Labor Code are detected). The period of time for monitoring UT outside the plan is approved by law. 12 months when re-equipping an organization or introducing new work areas. In other cases, a six-month period is given.

The period begins to count from the onset of the foundation of the VSO. The procedure for unscheduled CO must begin after completion organizational issues. By law, a special assessment is carried out on sites that are fully ready for work.

The purpose of CO is to improve working conditions and health protection for employees of organizations. Provisions regarding special assessment of working conditions are outlined in Law No. 426. The Code regulates the requirements for the environment in the workplace of company employees. Organizations that do not have an SOUTH or have not provided information about it in single register ratings will be fined.

The period allocated for conducting a special assessment of the UT began on January 1, 2014 and ends on December 31, 2018.

Since 2014 all employers(companies and individual entrepreneurs) are required to carry out. The article shows the types of workers when a special assessment of working conditions is not required. It is worth noting that the results of workplace certification for previous years will be considered valid for five years from the date of conduct. In other words, if your company underwent certification, for example, in 2012, then a special assessment for labor will be needed only in 2017. The deadline for a special assessment of working conditions is December 31, 2018.

Special assessment of working conditions in an office or liquidated organization

The company is in the process of liquidation, is it necessary to conduct a special audit?

Until they are expelled from the Unified State Register of Legal Entities, they may find fault.

Is it necessary to conduct a special assessment of working conditions in relation to the workplaces of office workers (managerial personnel)?

Yes need. A special assessment of working conditions is carried out in relation to the working conditions of all employees working in an organization or an individual entrepreneur. The exception is homeworkers and remote workers (Article 3 of the Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions”).

There was a rumor that the annual admission would be denied financial statements to those taxpayers who did not care about carrying out the special tax assessment. Accountants began receiving phone calls with such threats.

Under the auspices of SOUT, commercial firms are trying to sell their services.

As for the 4-FSS report, it data on SOUT are reflected at the beginning of the year, which means that data on the special assessment carried out this year will appear in the report for the 1st quarter of 2019.

What jobs must be certified?

By general rule, SOUT includes the measurement of hazardous production factors during the implementation, for example, of standard production processes.

SOUTH must be carried out at all workplaces, even in those where there is no “harmful” factor (for example, the workplace of an accountant, manager, director), with some exceptions (see below). In relation to workplaces that are recognized as similar, it is sufficient to carry out an assessment assessment only for 20% of such workplaces (but not less than two workplaces). Therefore, the assessment results will be distributed automatically to other workplaces (Article 9 of Law No. 426-FZ).

Important! For example, if a company employs six auditors who are in the same room and use the same equipment (computer, printer, etc.), then their jobs can be considered similar and instead of six, only two jobs can be assessed.

The jobs of a manager and an accountant (different functionality, positions) cannot be considered similar and the 20% rule (but not less than two jobs) does not apply in this case.

There are also circumstances in which there is a need for an early assessment. They are listed in paragraph 1 of Article 17. Such circumstances include:

• Identified occupational diseases caused by the influence of harmful production factors on the employee.
• Accidents in the workplace.

The transition from certification to special assessment is regulated by Article 27 of Law No. 426-FZ. Law No. 426-FZ (clause 3 of Article 3) changed the list of jobs that are subject to special assessment. The differences in approaches to certification and special assessment are described in the Table below.

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They will be fined starting in 2019. The minimum fine is 60 tr. The assessment data is shown in Table 5.

Is it necessary to carry out SOUTH if only the director is registered in the organization, and wages are not calculated?

The employer must fulfill the duties provided for by labor legislation, including legislation on special assessment of working conditions (Article 22 of the Labor Code of the Russian Federation). Also on the basis of Part 2 of Art. 4 of Federal Law No. 426-FZ, he is obliged to ensure the implementation of SOUT.

From the above rules it is clear that there are no exceptions for an organization whose staff does not have employees other than the director. Therefore, it is necessary to carry out an SOUTH assessment regarding the director’s workplace.

CEO remote worker it can not be. If there is an office rental, then there is a workplace.

Note: But if the company is registered at the residential address of the director, then he is already a home worker!

Rostrud believes: there is an office rental - there is a workplace, albeit not for all employees, but general director- exactly. And even though renting an office is a forced expense due to the legal address, and the general manager works from home. You have to pay - either for a special assessment or a fine. Any employee except the CEO can be a remote worker or a homeworker.

There is an old comment from 2015 Information portal Rostruda "Online inspection.RF", September 2015 on the Garant http://base.garant.r...iends

Starting from 2020, fines for SOUT will be applied automatically.

From 2020, enterprises with workplaces that operate more than a year and for which there is no information about conducting SOUT in the FSIS SOUT system.

Data on SOUT has been entered into the FSIS SOUT since 2014, but in the first year, not all SOUT results were included in the system. Therefore, accurate data that can be used. To punish employers who did not carry out SOUT, there is only since 2015. And employers will begin to be fined automatically in 2020.

Until this time, only enterprises face a fine. Which the labor inspectorate will check in 2019 according to plan or outside the plan. Now Rostrud is preparing draft regulations. Which will regulate how the inspection will attract enterprises automatically.

Companies who are required to carry out SOUT

1 . Companies that did not conduct workplace certification in previous years or did, but the validity of the results has already expired.

2 . Companies that have created new jobs (not counting jobs remote workers and homeworkers) or the technological process has changed.

It is recommended to carry out this if the company has employees entitled to early retirement. If, based on the results of a special assessment of conditions, it turns out that the working conditions of such workers are acceptable or optimal, then there is no need to pay additional insurance premiums for them.

If the organization does not have documents confirming the certification or special assessment, from 30,000 to 50,000 rubles. (). In 2015 it will increase to 60,000–80,000 rubles.

For office employees, declaring may be enough. But the certifying organization will tell you all this. The list of organizations that have the right to conduct SOUT and AWP can be found on the Rosmintrud website. You will need to select the type of organization - “certifying organization” and select your region of location from the subject of the Russian Federation.

A special assessment of working conditions for office employees is mandatory. Duration: within 6 months from the date of organization of the workplace.

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For whom a special assessment of working conditions is NOT carried out?

According to paragraph 3 of Article 3 “Special assessment of working conditions” “Special assessment of working conditions is not carried out in relation to the working conditions of homeworkers, remote workers and workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs. In this regard, regarding working conditions and a special assessment of working conditions not carried out.

Article 3 "Special assessment of working conditions"

3. A special assessment of working conditions is not carried out in relation to working conditions homeworkers, remote workers and workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

Note: So, in order to save money, we transfer people to “homeworkers”?

At vacant jobs A special assessment is also not carried out. Since an employee is absent, normal production (technological) processes do not occur at such a workplace. An unscheduled special assessment can be carried out after an employee is hired for a vacant position, or when temporary jobs become available.

Note: Clause 15 of the Methodology, approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n, and confirmed by letters of the Ministry of Labor of Russia dated March 14, 2016 No. 15-1 / OOG-1041, dated June 7, 2017 No. 15-1 / OOG-1568.

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Changes in the list of working conditions that require labor assessment

Currently, the working conditions of remote workers are not subject to assessment. It is also worth noting that the limits on the use of residential premises for the implementation of professional activity supervised by Article 17 of the Housing Code.

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How to save money on a special assessment of working conditions

Companies can evaluate workplaces with optimal and acceptable working conditions once, rather than every five years. Then it is enough to include such places in the declaration of conformity. These and other amendments were made the federal law dated 05/01/16 No. 136-FZ into Article 11 of Law 426-FZ, which is in force from 05/01/2016.

After a special assessment, the company submits it to the labor inspectorate. Previously, only places without harmful factors were included in the declaration. Companies now declare workplaces with optimal or acceptable working conditions.

1. 
   Based on the results of a special labor assessment, employers submit a declaration. The sample and form of such reporting and the procedure for filling it out were approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n.
2. 
   What is more profitable – to conduct a special labor assessment or pay additional contributions? How to apply an additional tariff if an employee combines two types hazardous work? Conducting an assessment of working conditions.

Carrying out SOUTH is a mandatory event in the field of labor protection for any organizational structure. In this article you can find answers to questions regarding the procedure and timing of the SOUT, as well as its documentation.

The labor process is carried out once every five years, that is, upon expiration of the previous certification. However, this is not true in all cases.

If the workplace is newly organized, the SOUT must be carried out within 6 months

List of other circumstances:

1. The workplace has been reorganized. Then it is required to carry out this work no later than six months, counting from the date of formation.
2. If the workplace has been modernized, namely, new equipment has been brought in, reconstruction has been carried out, or working conditions have changed, then after a year it is necessary to re-evaluate the place of work.

Everything must be observed in accordance with the requirements of the regulatory framework and completed on time.

If no harmful factors are detected

When conducting a special assessment, experts do not in all cases identify the presence of harmful production factors. For example, when measuring dust or gas contamination, all indicators are set to normal. It turns out that everything is within acceptable limits and the employee can work calmly without fear for his life and health.

If no harmful factors are detected, then the workplace belongs to class 1 or 2, and is then declared. The first hazard class means that the working conditions are optimal, and the second - acceptable.

It turns out that there is no point in carrying out further work on the special assessment. The declaration is issued together with certification cards and indicates that there is no danger in the workplace.

How are working conditions classified when hazardous conditions are identified?

If harmful factors are identified during the SOUT, namely: exceeding the maximum permissible concentrations or levels. In this case, hazard classes 3 and 4 are established.

If the maximum permissible concentration of harmful substances is exceeded, the workplace is assigned class 3 or 4

Class 3 means that the working conditions are harmful, and is divided into 4 classes, that is, 3.1; 3.2; 3.3; 3.4. These classes are established depending on the number of times the indicators exceed the permissible level. The factor of the technological process is also considered, namely: is it possible to carry out the appropriate measures in order to achieve optimal working conditions.

Based on these indicators, the percentage of additional payments in the appropriate conditions is determined.

Class 4 is established if the results of the analyzes exceed the permissible limits and such indicators cannot be worked on this place, after which the place is liquidated if it is impossible to carry out any measures to improve working conditions.

Timing for carrying out special assessments if the workplace is reopened

In production practice, there are often situations where a special assessment of working conditions took place not long ago, but literally after some time the workplace was organized again. If SOUT is supposed to be carried out for each place of work, then this is also necessary for a newly created one.

In this regard, the legislation defines the period for certification, and it is 6 months from the date of organization of the workplace. It turns out that the company is ahead whole year to carry out this work.

It is worth noting that if a special assessment is not carried out in a timely manner, then sanctions may be applied to the enterprise administration for violating occupational safety rules.

In what cases is an unscheduled SOUT carried out, see this material:

If the SOUT is completed before the end of 2018.

This year, the special assessment of conditions must be taken especially seriously, because this is the last year for the work to be carried out in full. The management of enterprises is entrusted with the responsibility for carrying out SOUT, and it does not matter what kind of production it is (engineering, construction, couriers or storekeepers).

IN employment contract Working conditions must be specified and a citizen must be familiar with them before employment. Based on the requirements of legislative acts, SOUT does not need to be carried out if citizens are working from home.

What deadlines are set for eliminating violations?

Based on the special assessment of working conditions, the following documents are prepared:

• special assessment cards for working conditions;
• protocol for measuring work area air, noise, lighting, microclimate;
• protocol for injury hazard and provision of personal protective equipment (PPE);
• measures to improve working conditions.

Violations based on the results of the SOUT must be eliminated before the next inspection

Deadlines are given for the implementation of the event items, namely:

1. If eliminating the violation does not require any material or physical costs, then it can be done immediately upon receipt of the document. For example, there is no label with a voltage indicator attached to the outlet. It really does work quickly.
2. When an event is planned that requires significant investment, the time frame for elimination increases. For example, reconstruction of the ventilation and air conditioning system. IN in this case experts first consult with the administration of the organizational structure about what deadlines to set.

A special assessment is carried out every five years and the employees who carried out this event check how the plan they proposed was implemented and how the condition of the workplace was improved. But it is wrong to understand that the implementation of planned measures can be stretched over five years; everything must be carried out in a timely manner.

Duration of validity of documents and reports

How long are documents on special assessment of working conditions valid? Typically this duration is five years. But there are some exceptions:

1. If the workplace is modernized and new equipment is purchased, then the results of the SOUT will not be valid.
2. When the workplace is moved to another facility, the existing results of the SOUT cannot be applied, but it is necessary to re-enter into an agreement with an expert organization.

The enterprise administration can freely use the data of the experts’ work for five years.

Why do you need information on SOUT?

Cards based on the special assessment are used for the following purposes:

• when establishing additional payments for work under special conditions;
• when determining what special clothing and personal protective equipment are required;
• how often a medical examination is carried out and on what factors;
• what indicators of workplace hazards exist;
• Is it necessary to apply for preferential length of service, and is there any additional leave and shortened work shifts.

All information is used in the work of personnel officers, which ensures convenience.

Find out when the SOUT is carried out in this video:

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According to Part 6 of Article 27 of Law of the Russian Federation No. 426-FZ, the schedule for carrying out the special assessment process can be phased and completed no later than December 31, 2018. We provide you with scheduling guidelines and a template prepared by experts.

Read our article:

Frequency of special assessment of working conditions

The procedure for conducting a special assessment must begin no later than the second quarter of 2017. But there is an exception - in Part 4 of Article 27 of Law No. 426-FZ. If by the time this law came into force - January 1, 2014 - the enterprise had carried out an automated workplace assessment on working conditions, then its results will be valid for 5 years.

The period for conducting the next SOUT should be calculated from the date of approval of the results of the automated work system by order of the manager, and not from the date of concluding an agreement with the assessing organization.

Many legal entities And individual entrepreneurs were created, established after, and did not find the automated workplace. Many employers do not even know what an automated workplace is.

How to determine the deadline for conducting a special assessment for those organizations in which workplace certification was not carried out at all? Is it possible for them to delay the implementation of the SOUT until December 31, 2018? No you can not.

In general, employers must complete the special assessment work by December 31, 2018. a five-year period to ensure that all organizations and individual entrepreneurs have time to carry out SOUT according to a new procedure, different from the certification of workplaces.

Ignorance of the law is not an excuse. The head of the organization must study the procedure for special OTU during occupational safety training according to a 40-hour program at the training center of the Russian Ministry of Labor.

Where the law establishes the right to early pensions for work in working conditions harmful to health, the special labor assessment must be carried out no later than the end of the last ARM. It should also be carried out in those workplaces where the previous workstation showed harmful and dangerous working conditions.

Therefore, for organizations that were registered in the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs after it was adopted, the special assessment period is 1 year of job creation. This is not an approval date staffing table, and the date of hiring of hired personnel. That is why SOUT is not carried out for vacant positions.

Responsibility for violating the deadlines for conducting a special assessment of technical requirements

There is no need to wait for inspection by Rostrudinspektsiya inspectors. Yes, the fine for failure to carry out SOUT is imposed on the organization, as for the procedure, and is not summed up by the number of jobs, but a fine in the amount of 50-80 thousand rubles will force you to still carry out SOUT. If the violation becomes a relapse within the statute of limitations - 12 months (), then the employer may lose his job - he will be disqualified by a court decision.

After this, each new employer of a disqualified person will have to notify Rostrud that he has hired such an employee. Now calculate the probability of being hired by a manager after such a dubious recommendation.

Advantages of timely implementation

The employer must understand that SOUT has replaced workplace certification in order to reduce the burden on the business. Where the employer incurs costs for the purchase of new equipment, for the reconstruction of technological lines, where the business invests in creating safe jobs, the contribution rates for off-budget funds Russian Federation - to the pension fund and the social insurance fund.

It may also be possible not to pay compensation to the salary and not to provide.

The procedure for carrying out SOUT is much easier than certifying workplaces, and all old occupational safety engineers, now OSH specialists, will agree with this. The procedure for special assessment under 426-FZ is much more logical and transparent. The employer has more possibilities influence the result, because where working conditions are under constant control, the expert will not be able to evaluate the workplace “by installed capacity.”

If an employee works in hazardous working conditions less than 50% of an eight-hour working day or a forty-hour working week, a hazardous work class will not be established for this factor. Therefore, the employer must prove to an expert organization that the electric and gas welder actually works with welding aerosols for only 2 hours of pure operating time. The rest of the time he is engaged in preparatory and auxiliary work, service processes. Previously this was impossible.

Life has become easier for doctors too. Previously, in order for them to be installed by biological factors, it was necessary to prove that the maximum limit was exceeded, and to carry out numerous expensive measurements. Now, the hazard class is established only in the presence of this factor, regardless of the time of work in these conditions, without measurements, for all medical and non-medical workers in contact with pathogenic microorganisms.

Every physician - be it a paramedic for a pre-departure medical examination in an organization, or a doctor - is engaged in medical activities, and therefore must receive compensation for their risky and hard work. This is also a achievement of SOUT - to make the procedure understandable for every employee. 426-FZ obligated the employer to provide explanations to employees regarding the assessment of their jobs.

Deadlines for unscheduled special assessments

The above deadlines do not apply when required by law. If new RMs have been created, then it is carried out within 12 months. If an order has been received from the inspector of the Rostrudinspektsiya, then the SOUT is carried out no later than 6 months after the decision.

Employees must be notified of changes in working conditions at their workplaces immediately after approval of the SAW report. The accrual of guarantees and compensation should begin from the same date.

But don’t rush to cancel benefits. To do this, the employee must be notified 2 months in advance that the working conditions at his workplace have changed in better side, and he will no longer receive benefits.

It is impossible to declare his workplace. Therefore, even under class 2 working conditions, the employee must sign. In this case, the employer must prove that working conditions have actually changed as a result of: moving to new office, modernization of equipment, application of safe technologies, improvement of equipment in workshops and workshops, i.e. the harmful effects of the production factor have actually been eliminated. Otherwise, the court or the State Tax Inspectorate will restore justice.

The state examination of SOUT cannot establish benefits and guarantees. To do this, the employer must again conduct an assessment at the workplace - this time unscheduled, and not within a year, but within 6 months after the conclusion of the examination or court decision. The guilty party will pay for the examination as a recourse claim against the defendant by the plaintiff - the employee.

Schedule for special assessment of working conditions

As mentioned above, the employer has a fairly short time frame for carrying out special assessment work. Firstly, it will take a lot of time. The schedule can be drawn up by a separate order, included in the text of the order for carrying out the Special Operations Operations, or issued as an appendix to it. If an order can be issued in one day, then in one day it is not possible to immediately improve working conditions in every workshop, in every section or at every construction site. All these are material costs.

If you approach the SOUT irresponsibly, then there will be a corresponding retribution - experts value their certification very much, it is difficult to obtain, but losing it is very easy, one mistake, one step towards the employer, one concession, and the expert will lose his status irrevocably.

Therefore, no one will make a deal with a careless employer. And the expert, having seen the actual state of working conditions, will set. Where the expert will not be allowed due to the “danger of work”, the expert will assign subclass 3.4 or dangerous class 4.

Therefore, it will cost the employer less, although it will take longer, to change lighting lamps, install vibration and noise-reducing wall panels, floor coverings, and switch from heavy and traumatic physical or mechanical labor to robotic labor. But it needs to be done. This is the employer’s obligation specified in Article 212 of the Labor Code of the Russian Federation.

Costs for improving working conditions will allow one-fifth of the funds spent from contributions to be reimbursed. This should also encourage the employer to invest in labor protection, because it is beneficial in the medium term.

attention

The SOUT schedule must be developed with a reserve of time so that it is enough to eliminate violations of labor protection requirements.

Regarding the extension of the special assessment declaration, we explain the following. Many employers are confident that if classes 1 and 2 are installed at their workplaces, then SOUT need not be carried out for 10 years. But that's not true.

Indeed, if for five years not a single incident occurs in production, if not a single employee has a recorded occupational disease In connection with the impact of VOPF, the employer can simply extend the declaration for the next five years without conducting studies of working conditions, and there is no need to conduct an assessment of labor conditions at these workplaces.

If such circumstances occur during the period of validity of the declaration, then its validity is terminated. Therefore, there is no need to include all places “en masse” in the declaration. In the event of an emergency or occupational disease, after an unscheduled inspection, within 10 days a mark will be placed in the State Register indicating the cancellation of the SOUT.

We should not forget that if there was a change in the standard standards for issuing PPE, if there were any, if an application was received from an employee to have his workplace re-evaluated, if an inspector of the Rostrudinspektsiya during a scheduled inspection did not agree that the employee’s occupational safety class was acceptable, then an unscheduled SOUT should be carried out.

If an employee has optimal conditions labor SOUT was carried out with a monitor with cathode ray tube(such monitors are very durable in computing research institutes), and there was a replacement for a discrete monitor, then an unscheduled special assessment is required.

If the workshop has changed lighting from lamp to spiral, then this change directly affects working conditions, and a special monitoring system must be carried out. If, instead of a domestic conveyor, the employer installed an imported one, then the assessment must be carried out again. Therefore, no one will withstand a ten-year period, and first of all, workers who want both for harmful, from their point of view, UT, and an additional payment to the salary.

There is no regulatory legal document that would determine the calendar dates for each stage of the SOUT. The employer must proceed from its production capabilities. Ultimately, the timing depends on local conditions - the total number of jobs, the percentage of similar jobs, working conditions, shifts, etc.

Schedule for special assessment of working conditions (sample)