Organization, methodology and timing of a special assessment of working conditions. Frequency of 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 certification of workplaces and in many respects repeats it.

On December 31, 2018, the period ended when employers could stage-by-stage carry out a special assessment of working conditions in relation to workplaces where the identification of potentially harmful and (or) hazardous production factors is carried out. We are talking about the so-called safe, "unscheduled" workplaces, that is, not specified in. In fact, this category includes jobs. In addition, only before this date could the results of the earlier 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 SAUT has already expired for employers. From January 1, those who have not fulfilled this obligation may be held liable for. It should be noted that the responsibility for this part does not depend on the number of employees, whose labor rights were violated ().

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

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

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

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

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

Step 1. Issue an order on the formation of a commission to conduct a special assessment of working conditions

Having made a decision 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. In this case, the number of members of the commission must be odd, and it must necessarily include a labor protection specialist (). The head of the commission is usually appointed by 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 a commission created by the employer ().

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

OUR REFERENCE

Similar jobs - jobs that are located in one or more of the same type production premises equipped with the same or the same type of ventilation, air conditioning, heating and lighting systems, in which 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 provided with the same means individual protection ().

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

Simultaneously with the definition of the list of workplaces 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 drawing up this timetable Consider the following.

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

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

The only 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 previously conducted workplace certification 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 dividing 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 for working conditions, a special assessment in relation to these workplaces may 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 workplaces, the employer is obliged to carry out an unscheduled one - for example, when commissioning newly organized workplaces, changing the technological process, receiving an appropriate order from the State Inspection Center, 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 carrying out ().

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

To carry out 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 Ministry of Labor of Russia (http://akot.rosmintrud.ru/).

Step 5. Transfer the necessary information, documents and information to the organization conducting the 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 hazardous 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 hazardous factors, if any have been identified (). Based on the results of the study, an expert of a specialized organization classifies working conditions at workplaces according to the degree of hazard and / or danger into optimal, permissible, harmful and hazardous (,).

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 motivated 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 must notify the specialized organization about this, as well as send a copy of the approved report (). Anyone can do it in an 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 hazardous production factors was not identified based on the identification results, or if, according to the results of measurements, the working conditions at the workplace were recognized as optimal or acceptable, the employer must notify the labor inspectorate at the location of the organization (). This requires the compliance of working conditions 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 until 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 for other workplaces were found to be optimal or acceptable, the employer must submit an updated declaration to the labor inspectorate with the inclusion of these workplaces ().

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 familiarize employees with the results of the special assessment against signature (). The specified period does not include periods of temporary disability of the employee, his being on vacation or a business trip, periods of inter-shift rest.

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 site must contain information:

• 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 workers, 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 special assessment carried out affect the establishment of guarantees and compensation for employees. So, employees whose working conditions at their workplaces are recognized as harmful, depending on the degree of harmfulness, are entitled to a shortened 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 salary (,).

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

Since 2014 all employers(companies and individual entrepreneurs) are obliged to conduct. 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 the certification of workplaces for previous years will be considered valid for five years from the date of implementation. In other words, if certification was carried out in your company, for example, in 2012, then a special labor assessment will only be needed in 2017. The deadline for a special assessment of working conditions is 12/31/2018.

Special assessment of working conditions in an office or a liquidated organization

The company is in liquidation stage, do you need to carry out SAUT?

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

Is it necessary to carry out 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 an individual entrepreneur. The exception is homeworkers and teleworkers (Article 3 of the Federal Law of 28.12.13 No. 426-FZ "On special assessment of working conditions").

There was a rumor that those taxpayers who did not care about the SAUT would be refused to accept the annual financial statements. Accountants began to receive phone calls with such threats.

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

As for the 4-FSS report, it contains 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 need to be certified?

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

SOUT must be carried out at all workplaces, even for those where there is no “harmful” 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 carry out SAWS only for 20% of such jobs (but not less than two jobs). Therefore, the results of the assessment will be distributed automatically to the rest of the workplaces (Article 9 of Law No. 426-FZ).

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

Manager and accountant workplaces ( 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, according to which there is a need for an early assessment. They are listed in clause 1 of article 17. Such circumstances include:

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

The transition from certification 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 certification and special assessment are summarized in the Table below.

to the menu

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

Is it necessary to carry out SAUT if only the director is listed in the organization and the salary is not charged?

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

From the above norms, it can be seen that for an organization in whose staff there are no employees, except for the director, there are no exceptions. Therefore, it is necessary to conduct an SAWS in relation to the director's workplace.

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

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

Rostrud considers: there is an office rental - there is a workplace, even if not all employees, but general director- exactly. And let the office rent be a forced expenditure due to legal address, and the general works from home. You have to pay - either for a special price or a fine. Any employee other than the CEO can be a telecommuter or homeworker.

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

From 2020, penalties for SOUT will automatically go

Starting from 2020, companies with jobs that have been in operation for more than a year and for which there is no information about the SAUT in the FSIS SAUT system will be automatically fined.

Data on SOUT have been entered into 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 have not carried out the SAWT, there is only since 2015. And they will automatically fine employers from 2020.

Until that time, only enterprises are threatened with fines. Which the labor inspectorate in 2019 will check according to plan or outside of the plan. Now Rostrud is preparing projects of the NLA. Which will regulate how the inspection will automatically attract enterprises.

Companies who are obliged to carry out SAUT

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

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

Recommended if the company has employees who are 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 workers are acceptable or optimal, then they do not need to pay additional insurance premiums.

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.

Office employees may have enough declarations. But the certification 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 - "certification 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.

to the menu

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, teleworkers and workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs. 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, teleworkers and workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

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

In vacant jobs a special assessment is also not carried out. Since the employee is absent, regular production (technological) processes do not take place 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.

to the menu

Changes in the list of working conditions that require labor assessment

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

to the menu

How to save on a special assessment of working conditions

Companies can evaluate jobs with optimal and acceptable working conditions once, rather than every five years. Further, it is enough to include such places in the declaration of conformity. These and other amendments were introduced by Federal Law No. 136-FZ of 05/01/16 to Article 11 of Law 426-FZ, which is in effect 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. Now companies are declaring 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 are 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 tariff if an employee combines two types harmful work? Assessment of working conditions.

A special assessment of working conditions is, of course, a mandatory procedure for every employer in Russia. However, there are still no clear rules for its implementation. And, although the SOUT procedure is formalized, 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 Special Assessment of Working Conditions", it is allowed to inspect some places in stages, the main thing is to complete it by the end of December 2018.

Courts assess this requirement differently and sometimes issue contradictory rulings. It happens that fines for missed terms of carrying out SAUT reach two hundred thousand rubles. To avoid financial losses, the employer needs to clearly understand how often SAWS is carried out, how the initial and subsequent inspections differ, what is the validity period of the SAWS, and so on.

SOUT: frequency and timing

Starting your business, new organization sometimes she does not even suspect what events she will need to carry out - even if they are of a purely formal nature. Any enterprise in Russia is legally obliged to go through the SOUT procedure. The timing for the first time (for new organizations) is no more than six months. That is, after registering the company, the employer must check the working conditions in the first 6 months of his work. If an enterprise has existed for more than six months, and an audit has never been carried out since its foundation, 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 the issuance of the report on the results of the audit.

Conducting SAWS 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:

• 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 to demand information from his employer about the level of risk and potential (or real) harmful factors in the process of work. Even if it concerns the banal being at the computer screen.

If the employer ignores this right and does not voice the information to the employee, he can contact the state supervision authority. 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 the state supervision is left unattended, the organization is threatened with suspension of activities for up to 90 calendar days.

SOUT results: what to do with the test results?

Based on the assessment results, harmful factors can be:

• Not identified at all. In this case, the workplace can be declared to the Labor Inspectorate. Since the working conditions at this place comply with labor protection standards, it means that there is no need to check 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 in a proper way Then the validity period of the SAUT is 5 years. But the law does not allow for interruptions in inspections. Therefore, after five years, the employer must already have the results of a mandatory AWP (certification). Workplace certification is, in its essence, the same procedure as 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.

Dates of unscheduled SAUT

Any employer may have reasons for an extraordinary assessment. In such cases, the frequency of the SAUT is shifted, and the organization has the right to assess the work 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. notify the checking organization within 3 working days
2. within a month (30 days) to familiarize employees with the results of the SOUT (they must sign for reading)
3. no later than 30 days post information on the results of SOUT on the company's website (if available).

How long are materials and reports on SOUT valid

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

The shelf life of materials on SOUT in the archives is 45 years.

Validity period of materials for SAUT: are valid during the entire period of establishment of the hazard class or during the period of validity of the declaration that the working conditions comply with the safety standards.

Somehow in one of the issues of the magazine "Labor protection" in the 2000s, an approximate standard was calculated for the timing of research on working conditions at workplaces. The procedure was previously called certification of workplaces ((SOUT - Special assessment, - ed.)). It consisted of 13 working hours per place and included measurements of harmful and hazardous production factors (VOPF, - ed.), Chronological measurements and preparation of a complete reporting package of documentation. These watches were not regulated by regulatory documents, it was a kind of statistical analysis.

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

So the first step is the appointment of members and approval. If you work together, then it can take about 3 working hours. Let's consider that 1 day.

Further, an agreement is concluded with. Taking into account the agreement on the terms of payment, this may take about 5 business days. From this moment, the organization begins to perform work. The initial information on the customer is filled in, after which the identification of potential HOPF is carried out, based on the list of jobs and the comparison of factors with the classifier and the approval of the results of the stage by the members of the commission. The approximate time of work can be 15 days. After that, the expert is obliged to travel to the actual location of the employer's organization to carry out instrumental measurements.

In our example, measurements will be no more than 1 working day. If the volume of seats is much higher and they are of a production nature, then it can be two or three days. Based on the results of the measurements, the expert proceeds to draw up the protocols of the studies carried out and draw up a report on the special assessment. This takes him about 15 working days. Then they are transferred to the commission for review, the result of which will be an approved report, which the organization conducting the SAWS must submit by January 1, 2016 to the state labor inspectorate within 10 working days. Starting from 2016, the results will be transferred to a special register - 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 effect. Its provisions completely abolished the certification of workplaces, and instead introduced new order analysis of harmful factors of work - a special assessment of working conditions (hereinafter - SOUT).

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

The essence of the special assessment of working conditions

SOUT is, in essence, a check and assessment independent experts working conditions at predetermined workplaces. If labor is associated with harmful and dangerous influences, 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; permissible;
• Harmful; dangerous.

The results of the SOUT determine the amount deducted by the employer for his employees in the FIU, as well as the amount of benefits due to employees (additional vacation, reduced working hours, etc.).

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

Who needs to perform SOUT?

By the Law on SOUT, the responsibility for financing and organizing the process of special appraisal is assigned to all employers - legal entities and individual entrepreneurs who have employees. Accordingly, a special assessment of working conditions is not required:

1) Entrepreneurs carrying out activities without hiring workers;

2) For employers - individuals.

What is subject to special assessment?

The working conditions of employees are assessed by the physical parameters of their workplace, i.e. places under the control of the employer, to which employees need to arrive in order to fulfill their job responsibilities... According to the Law on SAWS, the places of all employees should be assessed, except for those who:

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

Checking working conditions is carried out at all workplaces, taking into account their similarity. Jobs that:

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

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

Dates of the planned SOUT

From 2014 to 2018, the legislators provided for a transitional period, during which the results of the previously carried out certification of workplaces will be valid and a phased implementation of a complex of assessment measures is possible. However, there are jobs where SAW should be carried out immediately. The Law on SOUT lists the terms given to employers to obtain the primary results of the planned special assessment for various groups of jobs:

1) At workplaces certified before entry into force of the Law on SOUT, a special assessment is made until the end of the validity of the certification results, i.e. within five years from the date of its holding.

Important! At the initiative of the employer, it is possible to carry out a planned special assessment ahead of schedule. This may be required in the case when the working conditions at the workplace have been improved since the certification, and based on the results of the SAWS, the employer plans to reduce its costs for providing guarantees and compensations to preferential categories of employees.

2) At workplaces that are valid 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 clauses 1, 2, part 6 of Art. 10 of the Law on SOUT. This list includes workplaces of employees whose duties are related exclusively to:

• work on computers;
• periodic use of printers, copiers, and household appliances.

However, the process of organizing the SOUT itself should be carried out in stages and not be 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 can create conditions in which obtaining the results of the SAWS within the specified time frame will become impossible.

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

• early retirement pension;
• guarantees and compensation in connection with hazardous and harmful working conditions.

When the five-year term ends the results of the primary SAWS, it becomes necessary to re-evaluate, but only for those employers who previously had hazardous or harmful working conditions. For employers who have in their hands a declaration of conformity of workplaces with established standards (of course, if the working conditions have not changed and remain safe), the effect of the results recorded by the primary SAWS is extended for the next five years, reducing the employer's costs for carrying out special assessment measures.

If there are no circumstances that cancel the effect of the declaration, according to experts, it will continue to work, because the Law on SAUT does not provide for the number of possible extensions. However, judicial practice has not yet been formed on this issue, and it is quite possible that other opinions may soon arise.

In what cases is an unscheduled SAUT required?

The transitional period does not apply to unscheduled special assessments, which means that now all employers who have the events listed in Art. 17 of the Law on SAUT, within six months are obliged to carry out unscheduled measures to assess working conditions. Conditions causing unscheduled SAWS include:

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

Who conducts a special assessment of working conditions?

To identify potentially dangerous factors, measure deviations from the norm, as well as to register the results of the SAUT, 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 contract 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 SAUT regarding the independence of experts, restrictions are imposed on the list of persons admitted to the special assessment. For example, the founder of the audited organization or his close relative cannot carry out SAWS.

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

Before concluding an agreement on carrying out an 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 cost of re-evaluating it.

Results of a special assessment of working conditions

The results of 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 take effect from the date of signing the report and oblige the employer to:

• transfer additional funds to the FIU (for classes "harmful" - from 2 to 7% and "dangerous" - 8%);
• provide the necessary guarantees and compensation to employees;
• provide employees with the means of necessary protection;
• to carry out activities affecting the minimization and elimination of the harmfulness and hazards of production factors;
• exercise control over the preservation of the safety of workplaces included in the classes "optimal" and "acceptable".

In the next 30 calendar days, the report must be shared with all employees whose workplaces were checked during the SAUT. If the employee does not agree with the results, he has the right to request a state examination in relation to his workplace. If the results of the SAUT do not suit the employing organization, it can submit an application to the Ministry of Labor and Social Protection, appeal against unreasonable or inaccurate results of the check and re-assess.

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 frame provided for the submission of current reporting, and information is submitted by including in section 10 of the 4-FSS form.

Responsibility for violations in the field of SOUT

In the first year of the Law on SAUTs, more than 23 thousand cases of non-compliance were recorded, and in half of 2015 - more than 11 thousand cases of non-compliance labor legislation... According to the Federal Labor and Employment Service, which analyzed the identified violations, the most common misconduct of the employer are:

1) Failure to carry out SOUT in cases where it is necessary;

2) Lack of communication to employees of the results of SOUT;

3) Violation of the procedure for conducting SAUT in part:

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

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

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

Both the organization that committed the misconduct and its officials (a manager, a labor protection specialist or another person who, by virtue of his position or order of the director, is responsible for carrying out the SOUT) can be held liable for violations in the field of SAWS. Moreover, the application of punishment to a legal entity can be carried out simultaneously with the bringing to administrative responsibility of responsible employees, which is based on the analysis of Part 3 of Art. 2.1 of the Administrative Code of the Russian Federation.

Administrative punishment for failure to carry out or violation of the order of organization of the SAUT is determined in accordance with Art. 5.27.1 of the Administrative Code of the Russian Federation, and its shape and size depend on a number of factors:

• 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 employer's misconduct.

In particular, the amounts of fines are provided for:

1. For organizations - 60-80 thousand rubles. with primary and 100-200 thousand rubles. with repeated misconduct;
2. For individual entrepreneurs and officials - 5-10 thousand rubles. with primary and 30-40 t. rub. with repeated misconduct.

When the violation entailed the emergence of a threat to human health or an accident, then the punishment can be applied in the form of suspension of the activity of a legal entity or individual entrepreneur for 90 days, and officials brought to justice are disqualified for a period from one to three years.

Conclusion

The state tries 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 mandatory health and safety assessments in working conditions, legislators are minimizing the likelihood of injury or illness at work.

I am glad that when carrying out state regulation in the field of labor protection, not only "sticks" in the form of fines and penalties for non-compliance with the requirements of the Law on SAWS were provided, but also "carrots", which ensure a bona fide employer with a minimum of additional costs and a constant extension of the declaration of conformity. In addition, for the employer, who organized the SOUT on time and with high quality, even reports to the state information system can be sent by a specialized firm that carried out the assessment.