Organization, methodology and timing of a special assessment of working conditions. Frequency of conducting a special assessment of working conditions

From January 1, 2014, employers are required to conduct a special assessment of working conditions ( the federal law dated December 28, 2013 No. 426-FZ ""; hereinafter - Law No. 426-FZ). This procedure was introduced instead of workplace certification and largely repeats it.

On December 31, 2018, the period ended when employers could gradually conduct a special assessment of working conditions in relation to workplaces where potentially harmful and (or) hazardous production factors are identified. We are talking about the so-called safe, "unlisted" jobs, that is, not listed in. In fact, jobs belong to this category. In addition, only until this date could the results of the previously conducted certification of workplaces be valid (letter of the Ministry of Labor of Russia dated June 1, 2018 No. 15-4 / 10 / B-4010 "").

Thus, the period during which it was necessary to make the SOUT has already expired for employers. From January 1, those who have not fulfilled this obligation may be held liable for. It should be noted at the same time that liability for this part does not depend on the number of employees whose labor rights() have been violated.

Can a special assessment of working conditions at a vacant workplace be carried out? Find out the answer in "Encyclopedias of solutions. Labor relations, personnel" Internet version of the GARANT system. Get free access for 3 days!

Nevertheless, firstly, those who are late should carry out a special assessment as soon as possible - in particular, the Ministry of Labor of Russia should implement a mechanism for preventing violations in relation to small businesses and individual entrepreneurs, under which the employer will first be sent a warning about the inadmissibility of violating labor protection requirements, and only in case of non-compliance - will be fined.

In addition, a special assessment can be carried out for the first time by those who have just created new jobs. It takes a year from the moment of their formation. That is, if workplace created in December 2018, the deadline for completion of the SOUT is December 2019.

For both categories of employers, our instructions will be very useful. During the special assessment, they need to take into account a number of features in order to avoid administrative liability for violating the established procedure for conducting a special assessment for the same.

Let's consider the procedure for this procedure in more detail.

Step 1. Issue an order to form a commission for a special assessment of working conditions

Having decided to conduct a special assessment of working conditions, the head of the organization must issue an appropriate order, defining in it the composition of the commission for conducting such a special assessment, including the head, as well as the procedure for its activities. At the same time, the number of members of the commission must be odd, and a labor protection specialist () must be included in its composition. The head of the commission, as a rule, is the general director ().

Step 2. Approve the list of jobs for a special assessment

The list of jobs for which a special assessment should be carried out, including similar ones, is determined by the commission created by the employer ().

A special assessment in the presence of similar jobs is carried out only in relation to 20% of their total number, but in any case there must be more than two (). The results of the special assessment are applied to all similar jobs.

OUR REFERENCE

Similar workplaces are workplaces that are located in one or more similar industrial premises equipped with the same or the same type of ventilation, air conditioning, heating and lighting systems, where employees work in the same profession, position, specialty, perform the same labor functions in the same working hours while maintaining the same type of technological process using the same production equipment, tools, fixtures, materials and raw materials and are provided with the same means personal protection ().

Step 3. Issue an order approving the schedule for a special assessment of working conditions

Simultaneously with determining the list of jobs for which a special assessment of working conditions should be carried out, the commission draws up a schedule for the special assessment. It must be approved by the relevant order of the head of the organization.

When compiling this chart the following should be taken into account.

By general rule, a special assessment is carried out for each workplace, including office space, at least once every five years ().

If the employer did not previously conduct a special assessment of working conditions, it had to be carried out no later than December 31, 2018 (). At the same time, the law allowed this to be done in stages.

Exceptions are jobs:

• those employees whose profession, position or specialty gives them;
• work on which gives the right to guarantees and compensation for work;
• where, based on the results of previous certification of workplaces for working conditions or a special assessment of working conditions, harmful and / or dangerous working conditions were established ().

A special assessment of these jobs had to be carried out as a matter of priority, without division into stages (). For failure to fulfill this obligation, the employer faces administrative liability, including a fine of up to 10 thousand rubles - for officials and individual entrepreneurs, up to 80 thousand rubles. - for legal entities ().

If, before December 31, 2013, the employer carried out certification of workplaces in terms of working conditions, a special assessment in relation to these workplaces can not be carried out for five years from the date of completion of the certification ().

In addition, in addition to the planned special assessment of jobs, the employer is obliged to conduct an unscheduled one - for example, when commissioning newly organized jobs, changing the technological process, receiving an appropriate order from the GIT, etc. (). The period during which an unscheduled special assessment of working conditions must be carried out is from 6 to 12 months, depending on the basis for its conduct ().

Step 4. Conclude an agreement with a specialized organization for a special assessment of working conditions

In order to conduct a special assessment of working conditions, the employer must conclude an appropriate agreement with the selected specialized organization (,). The register of accredited organizations can be found on the website of the Russian Ministry of Labor (http://akot.rosmintrud.ru/).

Step 5. Transfer the necessary information, documents and information to the organization conducting a special assessment of working conditions

As soon as an agreement with a specialized organization is concluded, the employer is obliged to provide it with information, documents and information characterizing the working conditions at the workplace (for example, technological documentation, building construction projects, etc.).

Step 6. Approve the results of identification of potentially harmful and / or hazardous production factors

When conducting a special assessment of working conditions, a specialized organization identifies potentially harmful and / or dangerous production factors. The results of this identification, upon its completion, are approved by the commission created by the employer ().

Then the organization proceeds to measure the actual values ​​​​of harmful and / or dangerous factors, if any have been identified (). According to the results of the study, an expert of a specialized organization classifies working conditions in the workplace according to the degree of harmfulness and / or danger into optimal, permissible, harmful and dangerous ( , ).

Step 7. Approve the report on the special assessment of working conditions

Based on the results of the special assessment, the organization draws up a report, which must be signed by all members of the commission created by the employer and approved by its chairman (). A member of the commission who does not agree with the results of a special assessment of working conditions may state his opinion. reasoned opinion in writing and attach it to the report.

Step 8. Notify the specialized organization about the approval of the report on the special assessment of working conditions

Within three working days from the date of approval of the report on the special assessment of working conditions, the employer is obliged to notify the specialized organization about this, and also send a copy of the approved report (). It can be done by anyone accessible way providing an opportunity to confirm the fact of such notification.

Step 9. Submit a declaration of compliance of working conditions with state regulatory requirements for labor protection

If the presence of harmful and / or dangerous production factors, according to the results of identification, was not revealed, or if, according to the results of measurements, the working conditions at the workplace are recognized as optimal or acceptable, the employer must notify the labor inspectorate at the location of the organization (). To do this, it is necessary that working conditions comply with state regulatory requirements for labor protection (approved). The employer must submit this declaration within 30 working days from the date of approval of the report on the special assessment (approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).

It should be noted that before May 1, 2016, the employer indicated in the declaration only information about the absence of harmful and / or dangerous production factors. In this regard, if, according to the results of measurements carried out before May 1, 2016, the working conditions in relation to other jobs were found to be optimal or acceptable, the employer must submit an updated declaration to the labor inspectorate with the inclusion of these jobs ().

Step 10. Familiarize employees with the report on the special assessment of working conditions

No later than 30 calendar days from the date of approval of the report on the special assessment, the employer must, against signature, familiarize the employees with the results of the special assessment (). The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.

Step 11. Place the results of the special assessment on the organization's website

Within 30 calendar days after the approval of the report on the special assessment of working conditions, the employer should post summary data on the results of the special assessment on its official website - if available ().

The information posted on the website must contain information about:

• on the establishment of classes (subclasses) of working conditions at workplaces;
• on the list of measures to improve the working conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out.

To do this, you need to reflect the relevant data in (approved by order of the FSS of Russia dated September 26, 2016 No. 381).

Step 13. Apply the results of a special assessment of working conditions

The results of the conducted special assessment affect the establishment of guarantees and compensations to employees. Thus, employees whose working conditions at their workplaces are recognized as harmful, depending on the degree of harmfulness, are entitled to a reduced working week of no more than 36 hours, additional leave of at least seven calendar days and / or compensation in the amount of 4% of the salary (,).

In addition, a clause on working conditions at the relevant workplace should be included in employment contract with new workers (). And contracts with already working employees should be amended by concluding an appropriate additional agreement with them ().

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

Special assessment of working conditions in the office or liquidated organization

The company is in the process of liquidation, is it necessary to carry out a SOUT?

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

Is it necessary to conduct a special assessment of working conditions in relation to the workplaces of office workers (management 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 for 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 acceptance of annual financial statements for those taxpayers who did not care about the implementation of the SATS would be refused. Phone calls with such threats began to receive accountants.

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

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

What jobs need to be certified?

As a general rule, SUT includes the measurement of hazardous production factors during the implementation, for example, of regular production processes.

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

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

Workplaces of manager and 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 under which there is a need for an early assessment. They are listed in paragraph 1 of article 17. These circumstances include:

• Identified occupational diseases caused due to the impact on the employee harmful factors production.
• Workplace accidents.

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

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Penalties will start in 2019. The minimum fine is 60 tr. Evaluation data are shown in Table 5.

Is it necessary to conduct a SAOT if the organization has only a director, and wages are not accrued?

The employer must fulfill the obligations stipulated by labor legislation, including legislation on the 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 the Federal Law No. 426-FZ, he is obliged to ensure the implementation of the SOUT.

From the above norms it can be seen that for an organization in the state of which there are no employees, except for the director, there are no exceptions. Therefore, it is necessary to carry out a SOUT in relation to the workplace of the director.

The CEO cannot be a remote worker. If there is an office rental, then there is a workplace.

Note: But if the company is registered at the director's residential address, then he is already a homeworker!

Rostrud considers: there is an office rental - there is a workplace, if not for all employees, but CEO- exactly. And even if the office rent is a necessary expense due to the legal address, and the general works at home. You have to pay - either for a special assessment, or a fine. Any worker, except for the CEO, can be a remote or homeworker.

There is an old comment from 2015 information portal Rostrud "Onlineinspektsiya.RF", September 2015 on Garant http://base.garant.r...iends

From 2020, fines for SOUT will automatically go

Starting from 2020, enterprises with jobs that have been operating for more than a year and for which there is no information about the conduct of the SATS in the FSIS SATS system will automatically begin to fine.

Data on SATS have been entered into the FSIS SATS since 2014, but in the first year not all SATS results were included in the system. Therefore, accurate data that you can use. To punish employers who did not conduct the SOUT, there is only from 2015. And employers will automatically be fined from 2020.

Until that time, the fine threatens only enterprises. Which the labor inspectorate in 2019 will check according to the plan or outside the plan. Now Rostrud is preparing draft legal acts. Which will regulate how the inspection will involve enterprises in automatic mode.

Companies who are required to conduct a SOUT

1 . Companies that did not carry out attestation of workplaces in previous years or did, but the validity of the results has already expired.

2 . Companies in which new jobs are organized (excluding jobs remote workers and homeworkers) or the process has changed.

It is recommended to conduct if the company has employees eligible for early retirement. If, according to the results of a special assessment of the conditions, it turns out that the working conditions of such employees are acceptable or optimal, then additional insurance premiums do not have to be paid 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 grow to 60,000–80,000 rubles.

For office workers, declarations may suffice. 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 website of the Federal Ministry of Labor. 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. Deadline - 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" "A 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, in this regard, in 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 employees who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

Note: So, to save money, we transfer people to "homeworkers"?

For vacancies There is also no special assessment. Since the employee is absent, regular 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 appear.

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

The working conditions of teleworkers are not currently assessed. It is also worth noting that the limits on the use of residential premises for the exercise professional activity Article 17 of the Housing Code is supervised.

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How to save on a special assessment of working conditions

Companies can evaluate jobs with optimal and acceptable working conditions once, and not every five years. Further, it is enough to include such places in the declaration of conformity. These and other amendments were introduced by Federal Law No. 136-FZ dated May 1, 2016 to Article 11 of Law No. 426-FZ, which has been in force since May 1, 2016.

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

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

A special assessment of working conditions is a procedure, of course, mandatory for every employer in Russia. However, there is still no clear regulation for its implementation. And, although the SOUT order 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 article 27 of the Law “On a special assessment of working conditions”, it is allowed to check some places in stages, the main thing is to complete it before the end of December 2018.

Courts vary in their assessment of this requirement and sometimes issue conflicting rulings. It happens that the fines for the missed deadlines for the SAUT 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 primary and subsequent checks differ, what is the validity period of the SOUT, and so on.

SOUT: frequency and timing

Starting your activity new organization sometimes she does not even suspect what events she will need to carry out - even if they are purely formal. Any enterprise in Russia is required by law to undergo the SOUT procedure. The timing of the first (for new organizations) is no more than six months. That is, after registering the company, the employer must conduct an inspection of working conditions in the first 6 months of his work. If an enterprise exists for more than six months, and an audit has never been carried out since its inception, then this must be done as quickly as possible, and better, as they say, yesterday.

The results of the special assessment are valid for 5 years from the date of issuance of the report on the results of the audit.

Carrying out SOUT at the workplace, in accordance with the Labor Code Russian Federation, is explained by the fact that the employer undertakes to provide:

• safety and labor protection of employees;
• informing employees about the conditions in which they work, etc.

Also from Article 219 Labor Code It follows that employees can count on:

• the safety and security of the conditions in which they work;
• informing about the danger/harmfulness of these conditions.

When hiring, a person has every right to demand from his employer information about the level of risk and potential (or real) harmful factors in the process of work. Even if it concerns the banal presence at the computer screen.

If the employer ignores this right and does not disclose information to the employee, he may apply to the state supervision body. The very fact of such an appeal already means for the employer a fine of 80 thousand rubles and the requirement for an urgent special assessment of working conditions. If the order of state supervision is ignored, the organization faces a suspension of activities for up to 90 calendar days.

SOUT results: what to do with the results of the check?

As a result of the assessment, harmful factors can be:

• Not identified at all. In this case, the workplace can be declared at the Labor Inspectorate. Since the working conditions at this place comply with labor protection standards, it means that it is not necessary to carry out an inspection of this place in the future. If in the next 5 years the employer does not reorganize the workplace, then he will not need an unscheduled SOUT. The declaration will be automatically renewed.
• installed and classified properly Then the validity period of the SOUT is 5 years. But the law does not allow interruptions in checks. Therefore, after five years, the employer must already have the results of a mandatory AWP (attestation). Certification of the workplace is, in its meaning, the same procedure as the SOUT, only under a different name. If the employer conducted the AWP no later than 01/01/2014, then he is allowed not to do any checks until the expiration of the certification.

The timing of the unscheduled SOUT

Any employer may have reasons for an extraordinary assessment. In such cases, the frequency of the SOUT is shifted, and the organization has the right to evaluate labor within two time intervals: six months and a year.

What to do at the end of the special assessment

When the SOUT procedure is completed and the report on its results is approved, the employer must:

1. within 3 working days notify the inspection organization
2. within a month (30 days) to familiarize employees with the results of the SOUT (they must sign after reading)
3. no later than 30 days to post information about the results of the SOUT on the website of the enterprise (if any).

How long are the materials and reports on the SOUT valid for?

The term for preparing reporting documentation: is determined by the employer at the stage of collecting the verification commission.

The period of storage of materials on SUT in the archives is 45 years.

Validity of materials on SOUT: are valid during the entire period of establishing the hazard class or during the validity of the declaration that working conditions comply with safety standards.

Somehow, in one of the issues of the Okhrana Labor magazine in the 2000s, an indicative standard was calculated for the timing of research on working conditions in the workplace. The procedure was previously called certification of workplaces ((SOUT - Special Assessment, - ed.)). It was 13 working hours per place and included the measurement of harmful and hazardous production factors (HOPF, - ed.), chronological measurements and the preparation of a complete reporting package of documentation. These hours were not regulated by regulatory documents, it was a kind of statistical analysis.

We did not make detailed detailed analysis, since it is a relatively young procedure and it is likely that individual changes will still be made to the procedure. But we were able to determine the framework "from" and "to", in which the work will not be recognized as formal from the point of view of the inspectors government agencies. As an example, we have considered SOUT stages in the organization, consisting of 25 office workstations. By the way, the timing of each type of work should be indicated in the schedule and approved by the employer.

So, the first stage is the appointment of members and approval. If we work together, then it can take about 3 working hours. We will assume that 1 day.

Further, an agreement is concluded with. Given the agreement on payment terms, it may take about 5 working days. From this moment, the organization begins to work. The initial information on the customer is filled in, after which the identification of potential VOPFs is carried out, based on the list of jobs and the comparison of factors with the classifier, and the results of the stage are approved by the members of the commission. Approximate turnaround time is 15 days. After that, the expert is obliged to go to the actual location of the employer's organization to conduct instrumental measurements.

In our example, measurements will be no more than 1 business day. If the number of places will be much higher and they will be of a production nature, then it may be two or three days. Based on the results of the measurements, the expert proceeds to draw up the protocols of the studies and draw up a report on the special assessment. It takes him about 15 working days to do this. Further, they are transferred for review by the commission, the result of which will be an approved report, which the organization conducting the SOUT must submit before January 1, 2016 to the state labor inspectorate within 10 working days. Starting from 2016, the results will be transferred to a special registry - information system accounting.

Since the beginning of 2014, Federal Law No. 426-FZ dated December 28, 2013 (hereinafter referred to as the Law on SOUT) has been in force. Its provisions completely abolished the certification of jobs, and instead introduced new order analysis of harmful factors of work - a special assessment of working conditions (hereinafter - SOUT).

Despite the fact that the transitional period is still ongoing, and for many, the deadline for conducting the SUT will be December 2018, labor inspectorates are already conducting regular and unscheduled inspections, revealing thousands of violations. In order not to incur fines and penalties, employers should understand innovations as early as possible.

The essence of the special assessment of working conditions

SOUT, in essence, is a check and evaluation independent experts working conditions at predetermined workplaces. If the work is associated with harmful and hazardous effects, a specialized organization makes the necessary instrumental measurements and, having established the influence of conditions on the people working there, assigns one of the possible classes to the workplace:

• Optimal; valid;
• Harmful; dangerous.

The amount deducted by the employer for his employees in the FIU, as well as the amount of benefits due to employees (additional leave, shortened working hours, etc.) depends on the results of the SOUT.

Reducing the influence of the detected harmful factors in the future can minimize the established additional tariff and even reduce it to zero, and will also reduce the employer's expenses for compensation and guarantees for employees engaged in hazardous production. Turns out than better conditions labor of employees, the less the employer will have to pay.

Who needs to carry out SOUT?

The Law on SOUT imposes the obligation to finance and organize the special assessment process on all employers - legal entities and individual entrepreneurs who employ employees. Accordingly, a special assessment of working conditions is not required:

1) Entrepreneurs conducting activities without hiring employees;

2) For employers - individuals.

What is subject to special assessment?

The working conditions of employees are evaluated according to the physical parameters of their workplaces, i.e. places under the control of the employer, to which employees need to come to carry out their official duties. According to the Law on SOUT, the places of all employees, except for those who:

• works for employers - individuals;
• works at home;
• performs work remotely.

Checking working conditions is carried out at all workplaces, taking into account their similarity. Equivalent jobs are those that:

• are located in the same type of zones with the same conditions of lighting, ventilation and heating;
• equipped with the same production equipment and personal protective equipment;
• assume the work of employees with the same positions and labor functions.

Despite the fact that only a fifth of similar jobs (but not less than two) are subject to verification, the results of a special assessment of working conditions apply to all similar jobs.

Terms of the planned SOUT

From 2014 to 2018, legislators have provided for a transitional period during which the results of the previously conducted certification of workplaces will be valid and a stage-by-stage implementation of a set of assessment measures will be possible. However, there are workplaces where SOUT needs to be carried out immediately. The Law on SOUT lists the deadlines given to employers for obtaining the primary results of a planned special assessment for various groups of jobs:

1) At workplaces certified up to entry into force of the Law on SOUT, the special assessment is carried out until the end of the validity of the certification results, i.e. within five years from the date of its implementation.

Important! At the initiative of the employer, an early scheduled special assessment is possible. This may be required if the working conditions at the workplace have been improved since the certification, and, based on the results of the SOUT, the employer plans to reduce its costs for providing guarantees and compensations to preferential categories of employees.

2) At workplaces that are active and not subject to certification earlier:

A) The special assessment is carried out until December 31, 2018, if the type of these jobs is not listed in paragraphs 1, 2, part 6 of Art. 10 of the Law on SOUT. This list includes the workplaces of employees whose duties are related exclusively to:

• work on computers;
• periodic use of printers, photocopiers, as well as household appliances.

However, the process of organizing the SAUT should be carried out in stages and not postponed until the end of 2018. After all, the rush demand for the services of experts and the workload of specialized organizations - appraisers at the end of the transition period may create conditions in which it will become impossible to obtain the results of the SATS within the specified time frame.

b) A special assessment is made immediately if the type of these jobs is included in paragraphs 1, 2, part 6 of Art. 10 of the Law on SOUT. Such jobs include those where work provides employees with:

• early retirement;
• guarantees and compensations in connection with dangerous and harmful working conditions.

When does the five year term end? the results of the primary SUT, it becomes necessary to re-evaluate, but only for those employers who have previously identified hazardous or harmful working conditions. For employers who have a declaration of compliance of workplaces with established standards (of course, if working conditions have not changed and remain safe), the effect of the results recorded by the primary SOUT is extended for the next five years, reducing the employer's costs for special assessment activities.

If no circumstances arise that invalidate the declaration, it, according to experts, will continue to work, because the Law on SATS does not provide for the number of possible extensions. However, there is no jurisprudence on this issue, and it is quite possible that other opinions may soon arise.

In what cases is an unscheduled SOUT required?

The transition period does not apply to unscheduled special assessments, which means that now all employers who experience the events listed in Art. 17 of the Law on SUT, within six months they are required to carry out unscheduled measures to assess working conditions. Conditions that cause an unscheduled SOUT include:

• the emergence of new jobs, including those for only registered employers;
• change production process, the composition of the materials used and other factors that may affect the harmfulness and danger of labor for workers;
• an occupational disease of an employee or an accident at work, the occurrence of which is associated with hazardous conditions work;
• union demand;
• labor inspectorate order.

Who conducts a special assessment of working conditions?

In order to identify potentially dangerous factors, measure deviations from the norm, and also to formalize the results of the SOUT, the employer must engage a specialized organization on the basis of a civil law contract. In addition, it is possible to conclude a voluntary liability insurance agreement in parallel in order to minimize the risk of damage in the process of measurements, research and other aspects of the work of experts.

Taking into account the requirements of the Law on SUT regarding the independence of experts, restrictions are imposed on the list of persons allowed to conduct a special assessment. For example, the founder of the audited organization or his close relative cannot conduct the SATS.

Specialized organizations must also comply with the conditions prescribed in the Law on SOUT, compliance with which is confirmed by attestation of the Ministry of Labor of the Russian Federation and inclusion in a special register open for review on the website www.rosmintrud.ru. In particular, until December 2018, this register will also include firms that were previously admitted to attestation of workplaces and have an accreditation certificate valid for the current date.

Before concluding an agreement on the conduct of the SAUT with any company, the employer must check its compliance with all legal requirements. Otherwise, the results of the special assessment of working conditions may be canceled. labor inspectorate, and the employer will have to bear the costs of a repeated, unscheduled assessment.

Results of a special assessment of working conditions

The results of the SOUT are drawn up in the form of a report of an expert organization in the form approved by the Ministry of Labor. The document reflects a list of specific jobs and the classes and subclasses of working conditions established for them. The results of the SOUT come into effect from the date of signing the report and oblige the employer to:

• transfer to the FIU additional (for the classes "harmful" - from 2 to 7% and "dangerous" - 8%);
• provide necessary guarantees and compensations to employees;
• provide employees with the necessary protective equipment;
• carry out activities that affect the minimization and elimination of harmfulness and danger of production factors;
• exercise control over maintaining the safety of workplaces included in the "optimal" and "acceptable" classes.

The report must be familiarized with the report in the next 30 calendar days to all employees whose workplaces were checked during the SATS. If the employee does not agree with the results, he has the right to request a state expertise in relation to his workplace. If the results of the SOUT do not suit the employing organization, he can submit an application to the Ministry of Labor and Social Protection, appeal against the unreasonable or inaccurate results of the audit and conduct a second special assessment.

In addition, within the next month, the results of the SOUT should be posted by the employing organization on the official website (if available). The territorial body of the FSS is notified within the time limits provided for the submission of current reports, and the information is submitted by including Form 4-FSS in section 10.

Responsibility for violations in the field of SUT

During the first year of the Law on SOUT, more than 23 thousand, and for half of 2015 - more than 11 thousand facts of non-compliance were recorded labor law. According to the Federal Labor and Employment Service, which analyzed the identified violations, the most common employer misconducts are:

1) Non-conduction of SOUT in cases when it is necessary;

2) Failure to communicate the results of the SOUT to the employees;

3) Violation of the procedure for conducting the SOUT in terms of:

• non-involvement of a specialized organization;
• absence of the commission or non-involvement of employees in its composition;
• analysis of not all relying jobs;

4) Lack of proper registration of the results of a special assessment of working conditions;

5) Failure to provide the proper amount of guarantees and compensations based on the assigned classes of working conditions.

Both the organization itself that committed the misconduct and its officials (manager, labor protection specialist or other person who, by virtue of the position or order of the director, is entrusted with responsibility for conducting the SAUT) can be held liable for violations in the field of SATS. Moreover, the application of punishment to a legal entity can be carried out simultaneously with bringing responsible employees to administrative responsibility, which comes from the analysis of Part 3 of Art. 2.1 of the Code of Administrative Offenses of the Russian Federation.

Administrative punishment for non-conduct or violation of the order of organization of the SOUT is determined in accordance with Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, and its shape and size depend on a number of factors:

• in relation to whom it is applied (legal entity, individual entrepreneur or official);
• bringing to responsibility primary or repeated;
• no threat to life and health (warning or fine) or harm to employees (suspension of activities and disqualification of persons) due to the misconduct of the employer.

In particular, the penalties are:

1. For organizations - 60-80 thousand rubles. at the primary and 100-200 thousand rubles. in case of repeated misconduct;
2. For individual entrepreneurs and officials - 5-10 thousand rubles. at the primary and 30-40 thousand rubles. upon repeated misconduct.

When a violation caused a threat to human health or an accident, the punishment can be applied in the form of suspension of the activities of a legal entity or individual entrepreneur for 90 days, and officials held accountable are disqualified for a period of one to 3 years.

Conclusion

The state is trying to protect its citizens and provide them with certain rights, including the right to safe work. According to statistics, about 40% of existing jobs are associated with risk factors for health and life. By introducing a mandatory assessment of the harmfulness and danger of working conditions, legislators minimize the likelihood of injuries or illnesses received at work.

I am glad that when carrying out state regulation in the field of labor protection, not only “sticks” were provided in the form of fines and penalties for failure to comply with the requirements of the Law on SAUT, but also “carrots” that provide a conscientious employer with a minimum of additional costs and a permanent extension of the declaration of conformity. In addition, for the employer, who organized the SOUT in time and with high quality, even reports to the state information system can be sent by a specialized company that conducted the assessment.