Transition from certification of workplaces to a special assessment of working conditions. Quality criteria and requirements for laboratories according to SUT. Register of laboratories and experts. Preparation for the SOUT. Establishment of a commission for a special assessment of working conditions. Commission tasks. Definition of similar jobs. Analogy and change. The difference between the workplace and the work area. Contract with an organization conducting a special assessment of working conditions. The role of the employee in the implementation of the SOUT.

Carrying out SOUT. Identification of potentially harmful and dangerous factors. Instrumental research and measurement of harmful and hazardous production factors, their assessment. Classification of working conditions. Declaration of working conditions. Revised declaration. Completion of work on a special assessment of working conditions. Lab report.

Use of SOUT results. Types and amounts of compensation based on the results of a special assessment of working conditions. The use of increasing coefficients for insurance premiums.

Jobs for which a special assessment is carried out taking into account the characteristics.

Special valuation working conditions (SUT) replaced the Workplace Certification (AWP) from the beginning of 2014. The procedure for conducting the SOUT is determined by the Federal Law of December 28, 2013 N 426-FZ "On a special assessment of working conditions". Since its adoption, it has been amended several times, the latest of which (to date) was dated May 1, 2016.

In 2014, not only the name of the procedure changed, but also the fundamental approach to determining hazards in the workplace.

Why was the transition to a special assessment of working conditions necessary?

Among the prerequisites for moving away from the mechanism of Workplace Attestation, the following were particularly loud:

• Low motivation of employers, their insufficient administrative responsibility;
• High cost of work;
• Low quality of work on AWS due to insufficient responsibility of performers (laboratories).

What do we have today?

The responsibility of employers has grown with the adoption of amendments to the Code of Administrative Offenses, but not in terms of interest in the quality of work, in the very fact of carrying out the SOUT procedure.

The price of the work has really become very low. Today at tenders you can see a price drop of less than a hundred rubles per workplace. Unfortunately, this is due not to the method of implementation, but to the same lack of interest in quality, both on the part of the customer and the performer. A huge number of laboratories are ready to take orders from minimum wage, because they were not going to not only competently carry out the work of establishing harmfulness in the workplace, but often even come to take measurements.

The responsibility of performers was increased, including through the introduction of the concept of "expert". This is the laboratory employee who is personally responsible for the work done on the special assessment. Experts become after passing the certification procedure.

Today there are two types of laboratories. Organizations that carried out Certification of workplaces for the duration of the transition period (until 2018) have the right to carry out work on the SOUT without undergoing new accreditation and without involving experts in the work. As you understand, this fact further exacerbates the sadness of the situation.

Not mandatory, but one of the essential criteria when choosing a contractor is the presence of a laboratory in the new register of accredited organizations.

The register of organizations conducting SOUT can be viewed on the website of the Ministry of Labor and social protection Russian Federation

It will not be superfluous to check whether the expert who conducts the SOUT for you has a valid certificate.

A special assessment is carried out by the employer together with an organization that meets the requirements of Article 19 of the Federal Law N426-FZ, which is involved on the basis of a civil law contract.

An organization conducting a special assessment of working conditions must meet the following requirements:

1) indication in statutory documents organization as the main activity or one of its activities, conducting a special assessment of working conditions;

2) presence in the organization of at least five experts;

3) Availability as structural unit testing laboratory (center), which is accredited by the Federal Accreditation Service.

Preparing for a special assessment

In order to organize and conduct the SOUT, the employer forms a commission for conducting a special assessment, the number of members of which must be odd. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body employees (if any).

The chairman of the commission is the employer or his representative. If someone other than the director is appointed chairman of the commission, then do not forget that it is he who will have to sign and stamp all documents, and he must have the appropriate authority.

Please note that laboratory staff are not members of the commission.

Federal Law No. 426-FZ does not contain a requirement for mandatory special training for members of the commission.

A bit of history.

In general, the requirement to train members of the commission was last mentioned in the Order of the Ministry of Health and Social Development of the Russian Federation of August 31, 2007 N 569 "On Approval of the Procedure for Certification of Workplaces for Working Conditions." With its replacement by the Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n "On approval of the Procedure for attestation of workplaces in terms of working conditions." This requirement has disappeared. Approximately at the same time, it was planned to change the procedure for training in labor protection, approved by the Decree of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation dated January 13, 2003 N 1/29 "On Approval of the Procedure for Training in Labor Protection and Testing Knowledge of Labor Protection Requirements for Employees of Organizations". IN new edition order, the corresponding category of students should have appeared.

However, the order was not changed, everyone forgot about the training of commission members.

Nothing has changed with the adoption of law No. 426 on special assessment.

Tasks of the commission for a special assessment of working conditions

The Commission approves the schedule of the SOUT. The schedule indicates the stages of work and the timing of their implementation.

The schedule can be drawn up by a separate order, included in the text of the order to conduct the SAUT, or drawn up as an annex to it.

Before the commencement of work, the commission approves the list of jobs to be assessed, indicating similar jobs. It is also important for determining the cost of work.

Similar jobs- Those who:

• located in one or more similar industrial premises(production areas);
• equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
• the same professions, positions, specialties;
• the same labor functions;
• the same working hours;
• maintaining the same type of technological process;
• using the same: production equipment, tools, fixtures, materials and raw materials;
• provided with the same PPE.

If the jobs are recognized as similar, 20% of the total number such places, but strictly not less than two. The results obtained apply to all similar places (part 1 of article 16 of Law N 426-FZ).

The list of jobs is signed by all members of the commission and approved by its chairman (parts 4, 5, article 9 of Law N 426-FZ).

At shift work, the similarity of jobs does not apply.

Example 1

In the office, four accountants work in the same room on the same schedule. The number of jobs for the list will be two. (20% not less than 2).

Example 2

Work in the same office Chief Accountant and three other ordinary accountants. Three cards will be issued. One for the chief accountant and two cards for three accountants, taking into account the analogy. Only jobs occupied by people in the same position can be considered similar.

Example 3

Four dispatchers work day after three. One card is issued for such workplaces, since they take turns working at the same workplace.

SOUT is not carried out in relation to remote workers, If remote work listed in their employment contract.

At newly created jobs, a special assessment must be carried out within 12 months from the date of their creation.

Responsibilities for organizing and financing the implementation of the SOUT are assigned to the employer (Article 8 of Federal Law No. 426-FZ).

The assessment is carried out at least once every five years (except when there is a need for an unscheduled assessment). This period is calculated from the date of approval of the report on its implementation. In the certification of workplaces, the period was counted from the start of work on the AWP.

The employee has the right to be present during a special assessment at his workplace, seek clarification from both the employer and the organization conducting the SAUT, get acquainted with the results, and also appeal against them (Article 5 of the Federal Law N426-FZ).

Workplace and work areas

There are quite a few definitions of the concept of "workplace", but we agreed to use one of the simplest:

Workplace- the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

In practice, we rarely encounter a situation where an employee spends his entire working day in one place. As a rule, to perform assigned tasks, an employee needs to move between two or three, or even more zones. The workplace of the employee consists of such working areas. And there are jobs that do not mean at all permanent place(workplace of a courier or service engineer).

For the competent organization of work on the implementation of the SOUT, the commission must carefully allocate the percentage of time during which the employee is in each of the work areas, and notify the laboratory about this. It is the duration of exposure to a harmful or dangerous factor that determines the class of working conditions. (With the exception of the biological factor, all others depend on both concentration and duration of exposure).

Example 4

Driver's workplace - cab vehicle. If the driver is driving for more than 25% of the working time, his working conditions will already be considered harmful. In the process of driving a car, the driver cannot change his position, so he is forced to remain in one position for a long time. But the driver of a regular bus, who sits behind the wheel of the entire shift, has a several times higher risk of developing an occupational disease than a driver who leaves the territory of the enterprise once a day for a couple of hours.

Conclusion of an agreement with an organization conducting a special assessment of working conditions

To conduct special assessment activities, the employer must conclude civil contract with a specialized organization (part 2 of article 8 of Law N 426-FZ).

Such an organization must comply with the requirements of Art. 19 of Law N 426-FZ.

The choice of an organization for conducting the SAUT is carried out taking into account the restrictions established in parts 1, 2 of Art. 22 of Law N 426-FZ. (You can not carry out SOUT to yourself or relatives, or subsidiaries)

In addition to the terms and cost of performing work, when concluding a contract, it would not be superfluous to insist on the inclusion of the following conditions on the rights and obligations of the employer during the implementation of the SOUT, including:

• on the right to require a specialized organization to substantiate the results of the SAUT (clause 1, part 1, article 4 of Law N 426-FZ);
• on the right to require the submission by a specialized organization of documents confirming its right to conduct a SAUT in accordance with Art. 19 of Law N 426-FZ (clause 3, part 1, article 4 of Law N 426-FZ);
• on the right of the employer to appeal against the actions (inaction) of a specialized organization (clause 4, part 1, article 4 of Law N 426-FZ);
• on the obligation of the employer to provide information, documents and information necessary for a special assessment (clause 2, part 2, article 4 of Law N 426-FZ);
• on the obligation not to take deliberate actions that may affect the results of the SAUT (clause 3, part 2, article 4 of Law N 426-FZ).

The role of the employee in conducting a special assessment of working conditions

Although the employee is not a party to the contract, work on a special assessment primarily affects his interests. The Law on SUT gives employees the following rights and obligations:

1. The employee has the right:

• be present during the assessment at his workplace;
• apply to the employer, his representative, the organization conducting the SUT or the laboratory expert with proposals for the identification of potentially harmful and (or) hazardous production factors at his workplace and for clarification on the issues of conducting a special assessment of working conditions at his workplace;
• appeal against the results of a special assessment at your workplace in accordance with Art. 26 of Law N 426-FZ.

1. The employee is obliged:

• get acquainted with the results of a special assessment of working conditions carried out at his workplace.

Stages of a special assessment of working conditions:

Identification of potentially harmful and (or) hazardous production factors is carried out at workplaces that are included in the list approved by the special assessment commission. This procedure is carried out by an expert of a specialized organization conducting SAUT (part 2 of article 10 of Law N 426-FZ).

The employer is obliged to provide the expert who carries out the identification, necessary information, documents and information that characterize the working conditions at the workplace (for example, technological documentation, building construction projects, certificates of conformity of production equipment, machines), as well as provide explanations on the issues of conducting a special assessment (clause 2, part 2, article 4 of the Law N 426-FZ). If the employer does not provide the specified information, documents and information, the organization will suspend work on the SOUT or not start it (clause 4, part 2, article 6 of Law N 426-FZ).

Identification of harmful and (or) hazardous production factors at workplaces can be carried out by examining workplaces by examining and familiarizing with the work actually performed by employees in the regular work mode, as well as by interviewing employees and (or) their immediate supervisors.

The expert enters the identification results into the protocol, which is approved by the commission (part 2 of article 10 of Law N 426-FZ).

If no harmful and (or) hazardous production factors at the workplace are identified during the identification process, then the working conditions at this workplace are recognized as acceptable, research (testing) and measurement of harmful and (or) hazardous production factors in relation to such a workplace are not carried out ( part 4 article 10 of the Law N 426-FZ). In this case, immediately after the approval of the identification results, the results of the SOUT are summed up.

Identification is not carried out in relation to the following jobs (part 6 of article 10 of Law N 426-FZ):

• where employees whose professions, positions, specialties are included in the lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations) are employed, taking into account which an old-age labor pension is assigned ahead of schedule;
• in connection with work, in which employees are provided with guarantees and compensation for work with harmful and (or) dangerous working conditions;
• where, based on the results of a previous certification or special assessment, harmful and (or) dangerous working conditions were established.

In such workplaces, it is imperative to carry out instrumental measurements.

Research and measurement of harmful and (or) hazardous production factors, their assessment

Research (testing) and measurement of harmful and (or) dangerous factors are carried out by the testing laboratory (center), experts and other employees of the organization conducting the SAUT, taking into account the requirements for methods, techniques and measuring instruments.

The organization conducting a special assessment conducts research (measurements) independently or with the involvement of a subcontractor to measure the factors provided for in paragraphs. 12-14 and 24 hours 3, Art. 13 426-FZ

Subject to research (measurement):

• physical factors;
• chemical factors;
• biological factors;
• the severity of the labor process;
• intensity of the labor process.

Depending on the degree of deviation of the actual values, identified potentially harmful and (or) dangerous factors, obtained from the results of their research (testing) and measurements, from the standards (hygienic standards) of working conditions and taking into account the duration of their exposure to the employee during the working day (shift) assignment of a class of working conditions is carried out.

Classification of working conditions

Optimal working conditions(Class 1) - working conditions under which there is no impact on the worker's body of identified potentially harmful and dangerous factors that can have an adverse effect on the worker's body, or the levels of their impact are minimal in comparison with the values ​​established by the standards, and prerequisites are created to maintain a high performance level

Permissible working conditions(Class 2) - working conditions under which the employee's body is affected by identified potentially harmful and dangerous factors, the exposure levels of which do not exceed the values ​​established by the standards, or functional changes in the employee's body are restored during regulated rest or by the beginning of the next shift.

Harmful working conditions(Grade 3) - working conditions characterized by the presence of identified potentially harmful and dangerous factors, the levels of which exceed the values ​​established by the standards, including subclasses 3.1, 3.2, 3.3, 3.4.

Subclass 3.1:

(harmful working conditions of the 1st degree) - working conditions under which the employee's body is affected by identified potentially harmful and dangerous factors, the levels of exposure to which can cause functional changes in the human body, which are restored, as a rule, after a longer (than by the beginning of the next shift) interrupting exposure to these factors, and increase the risk of damage to health

Subclass 3.2:

(harmful working conditions of the 2nd degree) - working conditions under which the employee's body is affected by identified potentially harmful and dangerous factors, the levels of exposure to which can cause persistent functional changes in the employee's body or lead to the development and appearance of occupational diseases mild severity (without loss of professional ability to work), arising after prolonged exposure (after 15 years or more)

Subclass 3.3:

(harmful working conditions of the 3rd degree) - working conditions under which the employee's body is affected by identified potentially harmful and dangerous factors, the levels of exposure to which can cause persistent functional changes in the employee's body or lead to the development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of employment

Subclass 3.4:

(harmful working conditions of the 4th degree) - working conditions under which the identified potentially harmful and dangerous factors affect the employee's body, the levels of exposure to which can cause persistent functional changes in the employee's body or lead to the development of severe occupational diseases (with loss of general working capacity ) during the period of employment

Hazardous working conditions(Grade 4) - working conditions characterized by the presence of identified potentially harmful and dangerous factors, the levels, the effects of which are capable of during the working day ( work shift) (or parts thereof) pose a threat to the life of the employee, and the consequences of their exposure provide a high risk of developing an acute occupational disease during the period of employment.

At its core, the classification of working conditions is an attempt to determine the level of risk. The higher the class or subclass, the more likely workers are to develop occupational diseases.

There is a technique that allows to reduce the class (subclass) of working conditions in the event that employees employed in workplaces with harmful working conditions use effective means personal protection that have passed mandatory certification in the manner prescribed by the relevant technical regulations. The class can be reduced by the commission based on the opinion of the expert of the organization conducting the SATS, by one degree in accordance with the methodology. (Order of the Ministry of Labor of Russia dated 05.12.2014 No. 976n “On approval of the Methodology for reducing the class (subclass) of working conditions when workers employed in workplaces with harmful working conditions use effective personal protective equipment that has passed mandatory certification in the manner established by the relevant Technical Regulations” )

However, due to the incredible normativity and complexity this technique to date, it has never been applied in practice.

Declaration of compliance of working conditions with state regulatory requirements

Declaration is carried out by the commission of the employer.

The declaration is submitted only on the basis of an expert opinion.

The employer must submit the declaration no later than 30 working days from the date of approval of the report on the special assessment at the workplaces in respect of which the declaration is submitted.

The declaration is submitted to State Inspectorate labor.

The validity period of the declaration is five years, it is calculated from the date of approval of the report on the implementation of the SAUT.

If, during the validity period of the declaration, an employee employed at the workplace, in respect of whom the declaration was adopted, had an accident at work (with the exception of an accident at work that occurred due to the fault of third parties) or an occupational disease was detected in him, the cause of which was exposure to employee of harmful and (or) hazardous production factors, in relation to such a workplace, the declaration is terminated and an unscheduled special assessment is carried out.

Upon expiration of the declaration and in the absence of accidents or occupational diseases, the validity of the declaration is considered to be extended for the next 5 years.

Amended Declaration

In relation to workplaces, the working conditions at which, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, are recognized as optimal or acceptable, with the exception of workplaces specified in Part 6 of Article 10 of the Federal Law of December 28, 2013 N 426 -FZ "On a special assessment of working conditions", the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts containing norms labor law, at its location, an updated declaration of compliance of working conditions with state regulatory requirements for labor protection with the inclusion of these jobs in it.

Translated into Russian, it means that both workplaces are declared where harmfulness was not detected during the identification process, and workplaces where the first or second class was established as a result of measurements.

Completion of work on a special assessment of working conditions

As a result, the laboratory that conducted the QMS must submit to the organization a report that includes:

1) information about the organization conducting the special assessment, with copies of documents confirming its compliance with the established requirements;

2) a list of workplaces where the SAUT was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;

3) cards of a special assessment of working conditions containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting the SAUT;

4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;

5) protocols for evaluating the effectiveness of personal protective equipment;

6) the protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements on the grounds specified in part 9 of article 12 426-FZ (if such a decision exists);

7) summary sheet;

8) a list of measures to improve the conditions and labor protection of employees at whose workplaces a special assessment was carried out;

9) conclusions of an expert of the organization conducting the SATS.

The report is signed by all members of the commission and approved by the chairman of the commission. If a member of the commission disagrees with the results of the SOUT, he has the right to express a reasoned dissenting opinion.

The employer organizes the familiarization of each employee with the results of a special assessment at his workplace against signature no later than thirty calendar days from the moment the report of the commission is approved, not counting the period of temporary incapacity for work of the employee, his being on vacation or on a business trip.

Established the obligation of the employer to notify the organization that conducted the special assessment of the approval of the report on the conduct of the SAUT.

So, the employer, within 3 working days from the date of approval of the report on the conduct of the SAUT, must:

• notify the organization that conducted the SATS in any available way that provides the possibility of confirming the fact of notification;
• send to the address of the organization that conducted the special assessment, a copy of the approved report on the conduct of the SUT by registered order by mail with acknowledgment of receipt or in the form electronic document signed with a qualified electronic signature.

Types and amounts of compensation based on the results of a special assessment of working conditions

Increased pay(Article 147 of the Labor Code of the Russian Federation)

The remuneration of labor of workers employed in work with harmful and (or) dangerous working conditions is established at an increased rate.

The minimum wage increase for workers employed in work with harmful and (or) dangerous working conditions is 4 percent of the tariff rate (salary) established for various kinds works with normal conditions labor.

The specific amounts of wage increases are established by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations, or by a collective agreement, an employment contract.

Additional paid leave(Article 117 of the Labor Code of the Russian Federation)

Additional annual leave is granted to employees whose working conditions, according to the results of a special assessment, are classified as harmful working conditions of the 2nd, 3rd or 4th degree or dangerous working conditions.

The minimum duration of annual additional paid leave for employees is 7 calendar days.

The part of the annual additional paid leave that exceeds the minimum duration of this leave (7 calendar days) may be replaced by a separately established monetary compensation.

The length of service, which gives the right to additional annual paid leave for work with harmful and (or) dangerous working conditions, includes only the time actually worked in the relevant conditions.

Reduced hours of work(Article 92 of the Labor Code of the Russian Federation)

It is established for employees whose working conditions at their workplaces, according to the results of a special assessment of working conditions, are classified as harmful working conditions of the 3rd or 4th degree or dangerous working conditions. (No more than 36 hours per week).

Right to early retirement

For the time being, it is retained by employees from among those listed in the Lists No. 1 and No. 2 of industries, jobs, professions, positions and indicators that give the right to preferential pension provision, approved by Resolution of the USSR Cabinet of Ministers of January 26, 1991 No. 10, upon confirmation based on the results of a special assessing the working conditions of the presence of harmful (dangerous) working conditions at their workplaces.

The possibility of establishing increased or additional compensation

In accordance with Part 2 of Art. 219 of the Labor Code of the Russian Federation, the amount, procedure and conditions for providing guarantees and compensations to employees employed in work with harmful and (or) dangerous working conditions are established in the manner provided for in Art. Art. 92, 117 and 147 of the Labor Code of the Russian Federation.

Elevated or additional guarantees and compensation for work with harmful and (or) dangerous working conditions may be established by a collective agreement, a local regulatory act, taking into account the financial and economic situation of the employer.

When establishing the appropriate types and amounts of compensation, the employer may be guided by the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298 / P-22, Instructions on the procedure for applying the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions of November 21, 1975 N 273 / P-20 , model provision on the assessment of working conditions at workplaces and the procedure for applying sectoral lists of jobs where additional payments to workers for working conditions can be established, approved by the Decree of the USSR State Labor Committee, the All-Union Central Council of Trade Unions of October 3, 1986 N 387 / 22-78, and other applicable regulatory legal acts that establish the relevant the amount of compensation, insofar as it does not contradict the Labor Code of the Russian Federation.

Federal Law No. 167-FZ of December 15, 2001 "On Compulsory Pension Insurance in the Russian Federation, depending on the class of working conditions, establishes the following multiplying factors:

Increased premium rates

Working condition class		Additional insurance premium rate
Dangerous (4)
Harmful (3)
Permissible (2)
Optimal (1)

Features of conducting a special assessment of working conditions

There are jobs that cannot be driven into a general pattern. For such jobs, a special assessment is carried out taking into account the specifics.

Decree of the Government of the Russian Federation of April 14, 2014 No. 290 “On approval of the list of jobs in organizations engaged in certain types activities in respect of which a special assessment of working conditions is carried out taking into account the features established by the authorized federal executive body"

This list includes the following jobs:

• crew members of sea vessels, inland navigation vessels and fishing vessels;
• members of flight and cabin crew of civil aviation aircraft;
• medical workers providing an ambulance medical care outside the medical organization;
• medical workers located in premises to which the regulatory legal acts of the Russian Federation impose requirements related to the need to maintain a special microbiological state of the environment and a stable mode of operation of medical equipment (intensive care units, intensive care units, operating rooms);
• medical workers who directly carry out diagnostics and treatment using medical equipment (devices, devices, equipment), the normal functioning of which may be affected by measuring instruments;
• employees whose labor function is to prepare for sports competitions and participate in sports competitions;
• creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses;
• employees of radiation-hazardous and nuclear-hazardous industries;
• workers engaged in extinguishing fires and carrying out emergency rescue operations;
• divers, as well as workers directly carrying out caisson work;
• workplaces where employees are expected to stay in conditions of increased pressure of the gas and air environment;
• workplaces of workers employed in underground work.

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Amazing business adventures with employees

Until December 31, 2020, everyone who has wage-earners should conduct a special assessment of jobs.

Natalia Chelovan

made a special assessment

The legislator established a five-year transitional period for the phased implementation of the SOUT - it ended on December 31, 2018. Therefore, employers had to conduct a special assessment of jobs before January 1, 2019. But those who conducted the SOUT in 2015, until December 31, 2020, must go through the procedure again, because a special assessment is carried out at least once every five years.

This article is for small businesses and individual entrepreneurs, because the large ones themselves know everything.

In fact, it is not enough to conduct a special assessment - you still need to fill out a declaration and submit it to the labor inspectorate. And this is where the nuances begin.

This spring, I did a special appraisal at a small real estate agency. It was necessary to evaluate four office locations located in the center of St. Petersburg, I had time to spare. As a result, I paid 6000 R for the evaluation of four jobs and was satisfied. I'll tell you in order.

What is a special assessment of working conditions

SOUT is an assessment of jobs: experts determine harmful production factors and assess how the production indicators comply with the standards.

There is a law according to which organizations with employees must conduct a special assessment of jobs, abbreviated SOUT. Based on its results, a class of working conditions is determined. Depending on the class, contributions are considered, overalls are purchased or, for example, additional lamps are installed.

When conducting a special assessment, evaluate harmful factors and not aesthetics. The expert will pay attention to noise, dust or lack of light, but not to the color of the walls or the quality of the door fittings. They can also measure the severity of labor, chemical, biological factors. But usually it concerns complex manufacturing enterprises.

Again strangle business checks?

A special assessment of working conditions is, frankly, a headache. A lot of fuss, papers and formalities.

But it also makes sense: SOUT helps to make sure that employees work in normal conditions, they have something to breathe, radioactive lime is not poured on them, and their eyes do not flow out due to the twilight in the office.

Who should conduct

Every business that employs employees should evaluate jobs. All places where people work are subject to assessment: in the office, in the kitchen in a cafe, in sewing shop and in the furniture industry.

Evaluation is carried out specialized firms. An expert from such a company comes to the office or production, checks everything, and then writes a report. Based on this report, you fill out and submit a declaration to the labor inspectorate.

Who Should Not Conduct an Evaluation of Working Conditions

Companies without employees. Let's say the only employee in a company is the CEO. He works from home because there is no office space. Then there is no subject of evaluation, which means that it is not needed.

If the individual entrepreneur does not have employees, then nothing needs to be evaluated either.

Companies without jobs All employees are remote. There is no need to evaluate the jobs of remote and home-based workers: if, for example, a designer or a seamstress works at home and this is written in their employment contract, there is no need to conduct an assessment. No need to rate vacancies- this is when there is a place, but no one works on it.

Ordinary people. The procedure does not apply to individuals: if you have a private chef or personal assistant who you pay as individual, then the procedure is also not necessary.

Nuances

Sometimes a special assessment is needed, but a declaration is not needed: this mainly applies to all kinds of industries, cafes and restaurants. Or any business where harmful or dangerous factors are found - here you need to act differently, but this is the topic of a separate article.

What is the timing of the special assessment?

A special assessment should be carried out at least once every five years. For example, if you completed the SOUT in August 2015, you must re-pass the procedure no later than August 2020. And you will have 30 business days from the date of approval of the report to complete and submit the declaration for the SUT.

Liability for failure to conduct a special assessment - a fine of up to 200,000 R

For those who do not want to make a special assessment, fines are provided. First time:

• the general director or individual entrepreneur will pay from 5,000 to 10,000 R;
• legal entity - from 60,000 to 80,000 R.

Repeated violation (failure to conduct a special assessment of working conditions) will cost:

• to the general director - a fine from 30,000 to 40,000 R or disqualification (ban) to manage for a period of 1 to 3 years;
• a legal entity will have to respond with an amount from 100,000 to 200,000 R or a suspension of activities for a maximum of 90 days;
• The individual entrepreneur will pay a fine as a general director - up to 40,000 R, but his activities will be suspended as a company.

How often to conduct and how long SOUT is valid

The validity period of the SOUT declaration is 5 years. We count from the date of entering information about the results of the assessment in information system accounting. In most cases, this period will be automatically extended for another 5 years. However, the assessment will need to be re-assessed if:

1. An employee had an accident at work.
2. The employee was diagnosed with a disease that appeared due to harmful or dangerous factors at work.
3. During the audit, the labor inspectorate revealed violations of labor protection standards.
4. In these cases, in addition to the termination of the declaration of conformity, an unscheduled special assessment of working conditions will have to be carried out. An unscheduled special assessment will also be required if new jobs have appeared or the office has changed. From January 1, 2020, the employer can also conduct an unscheduled inspection if the employee sends him comments and objections regarding the results of the special assessment at his workplace.

The procedure for assessing working conditions

For myself, I divided the whole process into three steps:

Preparation - selection of the contractor, collection of documents. Conduct - research and receipt of documents from the organization. Reporting - filling out a declaration, notifying employees. Let's take a closer look at each of the steps.

Select a performer, issue an order and approve the list of places

Jobs are assessed by special people who have the equipment and knowledge for this. An entrepreneur cannot conduct it for himself. The contractor must have accreditation - it can be checked on the website of the Ministry of Labor.

Right there - in the section "Register of experts of organizations conducting a special assessment of working conditions" - you can check the certification of an expert who will conduct the SOUT.

1. The total number of seats - the less, the more expensive.
2. Office location - departure to the industrial zone on the outskirts of the city will be more expensive.
3. The complexity of the assessment - if you evaluate not an office, but, for example, a garment production, then additional measurements of the noise and severity of the labor process will be required, it will be more expensive.
4. Urgency.

I called a dozen companies, chose three with a normal price for me, checked that they had accreditation, and then remembered which of the three companies spoke to me friendlier on the phone. I signed a contract with this company.

In parallel with the conclusion of the contract, it is necessary to create a commission to conduct a special assessment of working conditions. It sounds loud, but in fact, you need to draw up and sign an order with the CEO, which lists the composition of the commission from the company's employees.

Prior to the start of the procedure, it is necessary to draw up and sign with the commission a list of places that are subject to evaluation, and draw up a schedule for the SOUT. The schedule does not have any fixed form, you compose it the same way as all other internal documents.

Neither the order, nor the schedule, nor the list of places need to be handed over anywhere. They are stored along with other documents in a thick folder at the accountant. Here is what my documents look like.

I personally compiled the order, schedule and list, for example. The design may differ from yours. It is not regulated in any way, but the documents themselves must be in order.

Obtaining a conclusion

When evaluating jobs, there are two stages: identification, and then measurements and research.

Identification. First, the expert examined the premises, talked to the employees and their immediate supervisor: for example, he asked how much time they spend at the computer. The challenge was to understand what the workflow is and what measurements or studies would be required.

You agree on the time in advance - it is important that the employees are at their workplaces and that the commission members indicated in the order are present. The examiner will need to show:

1. The list of jobs and the jobs themselves.
2. Working hours of employees.
3. Equipment for which employees work.

After the examination, the expert said that one factor would be measured - illumination. The commission agreed and we set a date for a new meeting.

measurements and research. The expert arrives and takes measurements at the workplace. In our office, it was necessary to measure the "parameters of the light environment": whether there is enough light in the room for working at the computer. For research, the expert brought a light meter and measured the level of artificial lighting.

The expert described the results in the measurement protocol and set the class of working conditions. In total, 4 classes of working conditions are distinguished:

1. Optimal (first class).
2. Permissible (second class).
3. Harmful (third class), there are also subclasses.
4. Dangerous (fourth class).

The class affects the level of guarantees and compensations provided to workers engaged in production with harmful factors. In our office, they put the second class - these are acceptable working conditions.

The expert enters the class of working conditions into the map, and then makes a report. The term for preparing the report is specified in the contract. In my case, the contract stipulated 30 calendar days after the receipt of our payment, and I received the documents exactly on time.

The report should include:

1. Information about the organization evaluating jobs, copies of the accreditation certificate and the scope of accreditation.
2. The list of workplaces where the assessment was carried out, listing the identified harmful factors.
3. Protocols for conducting research and measurements.
4. Special assessment cards.
5. A summary sheet of the results of the SOUT and a summary table of classes of working conditions.
6. A list of recommended actions to improve conditions, if necessary.
7. Expert opinion.

The report must be approved and signed by the chairman and members of the commission.

Submit a declaration

The expert gives you a report for approval, and you sign it. In our case, we received the conclusion on May 15, and on May 16 it was signed by the CEO. Within three business days of approval, you must report it to the organization that evaluated the jobs by any means available. We sent a scan of the signed title page email report.

After that, the organization conducting the SATS sends a report on the special assessment to the FSIS (Federal State System for Recording the Results of the SATS) and informs the customer about it within three working days. All these actions - during the term of the contract.

In places where nothing harmful and dangerous was found, a declaration of conformity is submitted. There are exceptions, for example, for medical, pedagogical workers, see the list of exceptions in paragraph 6 of Art. 10 of the law 426-FZ. The employer is required to file a declaration. The deadline for submission is 30 working days from the date of approval of the report.

You need to submit to Rostrud:

1. personally;
2. by mail with a valuable letter with a description of the attachment and a delivery notification;
3. if there is a qualified electronic signature, then you can fill out a declaration directly on the Rostrud website.

The results of the assessment of working conditions

The organization that conducted the SOUT draws up the results of the assessment in the form of a report.

What to do following the results of SOUT

Working condition class	What should an employer do	Examples	Normative base
	Pay additional contributions to the FIU	Maximum tariff - 8% of salary under dangerous conditions	paragraph 3 of Art. 428 Tax Code of the Russian Federation
	Provide employees with guarantees and compensation	- If the working conditions are dangerous or the third - fourth degree of harmfulness - reduce work time; - if the working conditions are dangerous or the second - fourth degree of harmfulness - provide annual additional paid leave; - raise wages	pp. 6 p. 1 art. 7 Law No. 426-FZ
	Improve working conditions for employees	- Install protective and signaling devices; - reduce gas pollution, dust content of air; - improve lighting	pp. 6 p. 2 art. 4 Law No. 426-FZ
	Provide employees with personal and collective protective equipment		pp. 3 p. 1 art. 7 Law No. 426-FZ
	Give workers milk or other equivalent food products		Art. 222 of the Labor Code of the Russian Federation
Second or first class: acceptable or optimal working conditions	Monitor working conditions and timely eliminate factors that may affect the level of safety	- Change burnt out light bulbs in time; - monitor the state of ventilation; - provide cleaning	pp. 1, 4 p. 1 art. 7 Law No. 426-FZ

Fourth or third class: dangerous or harmful working conditions

What should an employer do

Pay additional contributions to the FIU

Maximum tariff - 8% of salary under dangerous conditions

What should an employer do

Provide employees with guarantees and compensation

From the article you will learn:

1. How to prepare and document a special assessment of working conditions.

2. What are the stages of the process of conducting a special assessment of working conditions, what are the functions of the employer in this process.

3. How are the results of a special assessment of working conditions formalized and where should they be reflected.

4. What legislative and regulations be guided in the conduct of a special assessment of working conditions.

According to paragraph 3 of Art. 9 of Law No. 426-FZ, the commission for conducting a special assessment of working conditions should include, among other things, a labor protection specialist. However, not every employer has such a specialist, what to do in this case? In accordance with the Labor Code of the Russian Federation (Article 217), if the employer carries out production activities and the number of employees exceeds 50 people, then a labor protection service should be organized or a labor protection specialist should be allocated. If the number of employees does not exceed 50 people and in the absence of a separate service or specialist, the employer (individual entrepreneur or head of the organization) may assume the functions of labor protection, or transfer these functions to another employee, third-party specialist or organization involved under a civil contract. of a legal nature and providing labor protection services. Thus, in some cases, it is allowed to assign labor protection duties directly to the head (individual entrepreneur), however, regardless of who is appointed responsible, labor protection documents must be available and properly executed.

! Note: before conducting a special assessment of working conditions, the documentation on labor protection should be put in order (a log book of fire safety briefings, etc.), since representatives of a specialized organization conducting a special assessment of working conditions may request these documents. I consider it inappropriate to describe in detail the entire composition of the documents and the procedure for filling them out in this article; if necessary, you can find the relevant orders and recommendations of the Ministry of Labor of Russia (for example, “ Guidelines on the development of instructions for labor protection "dated 13.05.2004). However, at a minimum, an order is required to appoint a person responsible for labor protection, as we found out, it can be a full-time specialist or labor protection service, an involved specialist or organization, or the head himself (individual entrepreneur).

2. Determination of jobs subject to special assessment.

The commission determines the list of jobs for which a special assessment of working conditions will be carried out, and also identifies similar jobs. If there are similar jobs, a special assessment is carried out for 20 percent of such jobs (but not less than two), and the results are applied to all similar jobs.

Similar jobs are jobs that are located in the same type of industrial premises, equipped with the same (same type) 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 when conducting the same type of technological process using the same production equipment, tools, fixtures, materials and raw materials and are provided with the same personal protective equipment (clause 6, article 9 of law No. 426-FZ). For example, if two accountants work in the same office under the same conditions, then these places are considered similar. However, if a lawyer works in the same office under exactly the same conditions, then the lawyer's workplace is not the same as the accountant's workplace, since they have different positions.

! Note: before concluding an agreement with an organization conducting a special assessment of working conditions, it is necessary to check staffing and others personnel documents(employment contracts, job descriptions etc.). The fact is that the special assessment is carried out in relation to the employer's jobs, the number and composition of which are determined precisely according to the staffing table. First of all, a specialized organization will request a staffing table and, in accordance with it, determine the composition of the jobs to be checked, and, accordingly, the cost of their services. That is, it is in the interests of the employer that the staffing table (its latest version) be up-to-date, so that there are no “extra” positions in it (which, for example, were earlier, but then they were abolished or renamed, etc.). But at the same time, if you plan to create new jobs in the near future (a new department, new positions), then it is advisable to create and introduce them before conducting a special assessment of working conditions, since if you do this later, it will be necessary to conduct an unscheduled special assessment working conditions (Article 17 of Law No. 426-FZ).

3. Conclusion of an agreement with a specialized organization for a special assessment of working conditions.

Please note: a specialized organization must comply with certain requirements established by law (Article 19 of Law No. 426-FZ).

4. Identification by a specialized organization of potentially harmful and (or) hazardous production factors and their measurement (if such factors are identified).

5. Declaration of compliance of working conditions with state regulatory requirements for labor protection.

For workplaces where no hazards have been identified, the employer submits to the labor inspectorate a declaration of compliance of working conditions with state regulatory requirements for labor protection.

The form and procedure for submitting the declaration are established by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n “On the form and procedure for filing a declaration of compliance of working conditions with state regulatory requirements for labor protection, the procedure for the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory requirements for labor protection”.

! note The Declaration of Conformity of Working Conditions is valid for five years. After this period, if during the period of validity of the declaration there are no accidents at work (with the exception of those that occurred due to the fault of third parties) or the identification of occupational diseases caused by exposure to harmful factors on the employee, the validity of this declaration is extended for the next five years.

6. Distribution of jobs by classes and subclasses of harmfulness.

In relation to workplaces for which hazards have been identified, a specialized organization conducting a special assessment assigns them to the appropriate classes and subclasses of hazard (hazard). The characteristics of classes and subclasses of danger are given in Art. 14 of Law No. 426-FZ. Just on the basis of this information, additional tariffs for insurance premiums to the Pension Fund are subsequently established.

7. Reporting.

Based on the results of a special assessment of working conditions, a specialized organization draws up a report on its conduct and submits the report to the representatives of the employer.

The information that must be reflected in the report is listed in paragraph 1 of Art. 15 of Law No. 426-FZ. The report is signed by all members of the employer's commission and approved by the chairman of the commission. In addition, within thirty days from the date of approval of the report, it is necessary to familiarize all employees with the results of the special assessment of working conditions, as well as post the summary results of the special assessment on the employer’s website, if any (clauses 5, 6, article 15 of Law No. 426-FZ) .

! Note: the fact of a special assessment of working conditions, as well as its results, must be reflected in the 4-FSS report in table 10 (you can download the report form and the filling procedure, and read about the changes in the 4-FSS form since 2014).

So, we examined the procedure for conducting a special assessment of working conditions. Now, I hope you have a clear idea of ​​how a special assessment is carried out, what to pay special attention to in preparation for its conduct and directly in the process. Well, in the next article we will understand, perhaps, the most relevant issue for an accountant related to a special assessment of working conditions - how to take into account the costs of its implementation.

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Legislation and regulations

1. Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions”

2. Labor Code of the Russian Federation

3. Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n “On the form and procedure for filing a declaration of compliance of working conditions with state regulatory requirements for labor protection, the procedure for the formation and maintenance of a register of declarations of compliance of working conditions with state regulatory requirements for labor protection”

How to get acquainted with the official texts of these documents, find out in the section

" № 10/2016

What are the deadlines for assessing working conditions in the workplace? In what cases should an employer conduct an unscheduled inspection? For whom can a phased special assessment be carried out? What liability is provided for violations of the assessment procedure?

We have already written more than once on the pages of our magazine about the procedure for conducting a special assessment of working conditions at workplaces. But since this procedure is quite new, mistakes are often made during its implementation, which result either in fines, and not at all small ones, or in litigation with employees. After all, they have the right to challenge the results of the assessment. In addition, some employers who have not yet conducted a special assessment are held administratively liable for not conducting it. But based on judicial practice that starts to take shape, it's not always legal. In the article, using examples of court decisions, we will consider what violations employers can make in the field of special assessment.

The timing of the special assessment.

Perhaps one of the main questions of interest to many employers who have not yet conducted a special assessment of working conditions in the workplace is when should they do this?

Let us first turn to paragraph 4 of Art. 8 of the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions" (hereinafter - Law No. 426-FZ), according to which it is carried out at least once every five years, unless otherwise provided by this law.

Moreover, by virtue of paragraph 4 of Art. 27 of Law No. 426-FZ, if prior to the date of entry into force of this law, that is, before 01/01/2014, certification of working conditions was carried out in relation to workplaces, a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the date of completion of certification. At the same time, the results of the latter are used in the same way as the results of the special assessment, for the purposes referred to in Art. 7 of Law No. 426-FZ.

However, there are exceptions to the rule.

1. The employer must conduct an unscheduled special assessment of working conditions in the cases established by Art. 17 of Law No. 426-FZ:

• commissioning of newly organized workplaces (clause 1 of part 1);
• receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment in connection with violations of the requirements of Law No. 426-FZ and other labor protection requirements identified during the supervision of compliance with labor legislation (clause 2, part 1);
• change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers (clause 3, part 1);
• change in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers (clause 4, part 1);
• change in the means of individual and collective protection used, which can affect the level of exposure to harmful and (or) hazardous production factors on workers (clause 5, part 1);
• an industrial accident that occurred at the workplace (except for a case that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors (clause 6, part 1);
• availability 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 (clause 7, part 1).

Deadline unscheduled inspection is 12 months from the date of occurrence of the cases specified in paragraphs 1 and 3 of part 1 of Art. 17 of Law No. 426-FZ, and 6 months from the date of occurrence of the cases specified in clauses 2, 4 - 7, part 1 of Art. 17 of Law No. 426-FZ.

For your information

Until 05/01/2016, the period for conducting an unscheduled inspection for all cases was six months.

2. In relation to the jobs specified in Part 7 of Art. 9 of Law No. 426-FZ, a special assessment of working conditions is carried out taking into account the features established by the Ministry of Labor in agreement with the federal executive body that performs the functions of developing public policy and legal regulation in the relevant field of activity. Until such features are established, general order provided by Law No. 426-FZ.

note

The list of jobs in organizations engaged in certain types of activities, in respect of which a special assessment of working conditions is carried out taking into account the features established by the authorized federal executive body, was approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290.

We also note that according to part 6 of Art. 27 of Law No. 426-FZ in relation to jobs not specified in Part 6 of Art. 10 of Law No. 426-FZ, a special assessment of working conditions can be carried out in stages and must be completed no later than 12/31/2018.

A staged special assessment procedure cannot be carried out in relation to jobs
Employees, professions, positions whose specialties are included in the lists of jobs, industries, professions, positions, specialties, taking into account which an old-age pension is assigned ahead of schedule	In connection with work in which, in accordance with legislative and other regulatory legal acts, guarantees and compensations are provided for work with harmful and (or) dangerous working conditions	Where harmful and (or) dangerous working conditions were established based on the results of previous certification on working conditions or special assessments

It can be concluded that the employer must conduct a special assessment of working conditions at the workplace of the organization:

1. After five years from the date of certification of workplaces,
carried out before 01.01.2014.

And finally, the violations committed during the assessment were established by the chief specialist of the labor protection department, who made a state examination of the quality of the special assessment of the working conditions of the workplace of a neurosurgeon based on the decision of the judicial board.

The results of the special assessment were declared invalid (Appeal ruling of the Sverdlovsk Regional Court dated June 24, 2016 in case No. 33-6870/2016).

Incorrect application of the results of the special assessment. There may be situations when an employer, when providing compensation to an employee for work in hazardous conditions, is guided only by the results of a special assessment. But this is not enough in all cases. The requirements of other federal laws should also be taken into account.

The employee filed a lawsuit against FKUZ MSCh-10 of the Federal Penitentiary Service of Russia (hereinafter - FKUZ) to provide her with additional paid leave for 2015 in connection with the performance of the duties of an average medical personnel, work in harmful conditions and in accordance with the Law of the Russian Federation of 02.07.1992 No. 3185-1 "On psychiatric care and guarantees of the rights of citizens in its provision" (hereinafter - Law No. 3185-1).

The employer, justifying his refusal to grant leave, indicated that, according to the special assessment card, the plaintiff's workplace has the 2nd class of working conditions, which, by virtue of the law, are safe, therefore, she is not entitled to additional leave. In addition, the position of an employee is not included in the list of employees providing psychiatric care, who are additional holidays in accordance with Decree of the Government of the Russian Federation of June 6, 2013 No. 482 (hereinafter referred to as Decree No. 482).

However, by a court decision, the claim was satisfied and the FKUZ was given the obligation to provide this medical worker involved in the provision of psychiatric care with additional annual paid leave for 2015, and here's why.

The specified leave is granted to employees whose working conditions at their workplaces, according to the results of a special assessment, are classified as harmful of the 2nd, 3rd or 4th degree or dangerous (Article 117 of the Labor Code of the Russian Federation).

In accordance with par. 1 and 2 h. 1 tbsp. 22 of Law No. 3185-1, medical and other workers involved in the provision of psychiatric care have the right to:

• for reduced working hours;
• for annual additional paid leave for work with harmful and (or) dangerous working conditions in accordance with the legislation of the Russian Federation.

Law No. 3185-1 also provides that these guarantees for other employees involved in the provision of psychiatric care medical organizations subordinate to the federal executive authorities, state academies of sciences, medical organizations subordinate to the executive authorities of the constituent entities of the Russian Federation, as well as other employees from among civilian personnel military units, institutions and subdivisions of federal executive bodies, in which the law provides for military and equivalent service, are provided based on the results of a special assessment of working conditions (paragraph 4, part 1, article 22 of the law).

For your information

According to the list approved by Decree No. 482, for medical workers involved in the provision of psychiatric care, middle and junior medical personnel (except for medical statistics), the duration of the annual additional paid leave is 35 calendar days.

Having established that L. N.A. is a medical worker directly involved in the provision of psychiatric care (a medical ward nurse of the psycho-neurological department of the FKUZ), and guided by Art. 22 of Law No. 3185-1, Resolution No. 482, the court confirmed that the provision of leave based on the results of a special assessment is provided for other employees involved in the provision of psychiatric care, to which the plaintiff does not apply. At the same time, the emergence of the right to additional annual paid leave for work in harmful and (or) dangerous conditions for medical workers involved in the provision of psychiatric care does not depend on the class of working conditions established by the special assessment, which is provided for other employees of medical organizations in accordance with paragraph . 4 hours 1 tbsp. 22 of Law No. 3185-1.

The panel of judges agreed with these conclusions of the court of first instance (Appeal ruling of the Supreme Court of the Republic of Karelia dated March 11, 2016 in case No. 33-719/2016).

Working conditions in the employment contract.

To prevent the occurrence of another error for which the employer may be held liable, let's say a few words about the employment contract, namely about one of its mandatory conditions– on guarantees and compensations for work with harmful and (or) dangerous conditions, if the employee is hired for such work, indicating the characteristics of working conditions at the workplace.

The Ministry of Labor in Letter No. 15-1 / OOG-2516 dated July 14, 2016 clarified how this item is entered after the special assessment and what to write in the employment contract before it is carried out.

So, if a special assessment has been carried out in your organization, it is necessary to supplement the employment contract with information about the class (subclass) of working conditions at the employee’s workplace, list the guarantees and compensation due to him.

The employer is obliged to notify the employee in writing about upcoming changes in the terms of the employment contract, as well as about the reasons that necessitated the changes, no later than two months in accordance with Art. 74 of the Labor Code of the Russian Federation.

Notifying an employee of a change in the employment contract will not be considered a written acquaintance with the results of the special assessment. The employee must be familiarized with the card of a special assessment of working conditions at his workplace against signature.

note

If an employee is hired to a newly organized workplace where an assessment of working conditions has not been previously carried out, then before it is carried out, the employment contract with a person hired to such a workplace may indicate his General characteristics(description of the workplace, equipment used and features of working with it).

At the same time, guarantees (compensations) for work in harmful and (or) dangerous conditions based on the results of a special assessment begin to be provided from the day the results come into force (from the moment the report on its implementation is approved).

Prior to the special assessment, employers should determine the possibility of compensating employees for harmful (dangerous) factors, if they are eventually identified.

In conclusion, we draw the attention of employers who have not yet conducted a special assessment to the following: do not forget that you have not only the obligation to ensure its conduct, but also the right to demand that the organization conducting it justify the results of the assessment. Take this review seriously, as both your own mistakes and those of the assessor can cause litigation with workers.

"On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On the Special Assessment of Working Conditions".

"On the duration of the annual additional paid leave for work with harmful and (or) dangerous working conditions provided certain categories workers."