Special assessment of working conditions: what is it? The purpose of a special assessment of working conditions. What is a special assessment of working conditions? Special assessment of working conditions: timing

12.03.2023

The procedure for conducting the SATS is enshrined in law and in some parts contains fairly liberal provisions. For example, according to paragraph 6 of article 27, for some jobs, a special assessment can be carried out in stages and must be completed by 12/31/2018. However, the courts have an ambiguous approach to the interpretation of this provision and make conflicting decisions (for example, Rulings of November 11, 2014 No. 11-11968/2014 and February 26, 2015 No. 33-5865/15), and fines for not holding this event can be up to 200 000 rubles.

SOUT: timing

A special assessment of working conditions for the first time must be carried out within a period not exceeding 12 months from the date of creation of a new workplace. If the organization has been operating for more than 12 months, and the certification of workplaces (AWP) or a special assessment of working conditions has never been carried out, then a special assessment must be carried out immediately or yesterday.

safe work of its employees;
labor protection of its employees;
informing workers about the conditions in which they work, etc.

safe working conditions;
obtaining information about the conditions of harmfulness at their workplace.

That is, the employee has the right to require the employer to provide information about the degree of risk to his health, which may be exposed to harmful or dangerous production factors (even sitting in front of the monitor screen). And if the employer does not provide him with such information, the employee has the right to receive this information apply to the state supervision body for compliance with the law.

In this case, the employer will face a fine of up to 80,000 rubles and a written order on the need to organize a special assessment. Otherwise, an administrative suspension of the company's activities for up to 90 days may threaten.

Frequency of holding

The period of validity of the special assessment of working conditions is 5 years. The passage of time begins from the day the assessment report for each individual workplace is approved. The results of this event can be reduced to two options, when:

no harmful factors were identified during the course;
harmful factors are identified and classified accordingly.

Harmful factors have not been identified

If during the course of the special assessment no harmful and dangerous production factors were identified, such a workplace is subject to declaration to the territorial body of the federal service for labor and employment for compliance with working conditions with the regulatory requirements of labor protection.

In this case, if within the next 5 years in relation to this workplace there are no reasons to conduct an unscheduled special assessment, then after this period it is not necessary to carry out a second SOUT, the validity of the declaration is automatically extended.

And in what terms it is necessary to do the SOUT in the future (if it needs to be done at all), the law does not say ..

Harmful factors identified and classified

In this case, the period of validity of the special assessment of working conditions is 5 years. Moreover, this does not mean that five years have passed and it is necessary to start organizing a new special assessment. By the expiration of the five-year period, the employer must have the results of the attestation ready, that is, no interruption is allowed.

Workplace certification

AWP is, in fact, the same as a special assessment, only with a different name. Therefore, if the employer carried out the AWS before 01/01/2014, then the current legislation allows him not to organize and not to carry out any additional activities for the entire period of validity of the SOUT until the date of completion of the results of this certification, of course, if there are no grounds for conducting an unscheduled SOUT.

Terms of unscheduled SOUT

In the event of circumstances for an unscheduled special assessment, the legislation provides for two time periods - 6 and 12 months, depending on the reason.

6 months

A special assessment of working conditions must be carried out within the specified time if:

the employer received an order to conduct an unscheduled special assessment;
in production they begin to use new materials or raw materials that can harm the health of the employee;
new means of individual and collective protection are being introduced (the class of harmfulness can be reduced, respectively, payments for harmfulness can be reduced);
an accident has occurred (with the exception of an accident at work due to the fault of third parties);
the medical commission established the fact of an occupational disease;
a letter was received from the trade union about the need for an unscheduled special assessment.

12 months

SOUT must be carried out within the specified time if:

new jobs are put into operation;
technological processes, production equipment are changing, which can affect the level of exposure to harmful or hazardous production factors.

Timing of activities based on the results of the SOUT

From the date of approval of the report on the results of the SUT, the employer is obliged to:

within 3 working days, notify the organization that conducted the SATS about the approval;
no later than 30 calendar days, against signature, to familiarize employees with the results of the special assessment;
no later than 30 calendar days, if there is a website on the Internet, post information about the results of the SAUT and the list of measures to improve labor protection conditions.

Shelf life of materials for a special assessment of working conditions

Deadline for compiling a report on the SOUT

It is established by the order of the employer when organizing this event at the stage of forming the commission.

Shelf life of SOUT materials

It is 45 years, however, if as a result of the SOUT, harmful or dangerous production factors are identified and working conditions are appropriately classified according to harmfulness and danger, such materials must be stored for 75 years.

Validity of SOUT materials

The materials based on the results of the special assessment are valid for the entire period of establishing the appropriate hazard class or the validity period of the declaration of compliance of working conditions with state regulatory requirements for labor protection.

Starting from 2014, on the basis of Federal Law No. 426-FZ dated December 28, 2013 “On the Special Assessment of Working Conditions”, a special assessment of working conditions has been carried out, before that, certification of workplaces was carried out. The meaning is about the same, but nevertheless some changes have been made.

It is required for all employers. On the basis of the above-mentioned law, amendments were made, as a result of which administrative penalties were increased in case of refusal to conduct a special assessment, as well as tougher criminal penalties for persons whose fault an accident occurred at work.

In order for you to understand, before the adoption of Federal Law No. 426 of December 28, 2013, the concept was applied as attestation of workplaces and this was a mandatory procedure for everyone without exception, in accordance with the Labor Code of the Russian Federation, Article 212. Since 2014, a new concept has been established and is currently called a special assessment of working conditions.

A special assessment is a set of unified measures that are carried out consistently and aimed at identifying dangerous and (or) harmful factors in production and also aimed at identifying their impact on employees of the organization. The result of such an assessment is the establishment of working conditions at the workplaces of employees by classes and subclasses of hazard. The rules for conducting and determining the harmfulness are made on the basis of 426 Federal Law.

Who should conduct a special assessment of working conditions (attestation of workplaces)

In accordance with the law No. 426-FZ Art. 8 Part 1 and the Labor Code of the Russian Federation Art. 212 and the obligation to conduct a special assessment lies with the employer, which is also carried out at his expense. All employers, both organizations and individual entrepreneurs who have employees in the state, are required to conduct it.

If we talk about entrepreneurs who work for themselves without attracted employees, then they do not need to conduct a special assessment of jobs. However, in the event of the appearance of employees in the state, there will be an obligation to carry out such a procedure.

It is also not required to conduct a special assessment for individuals who do not have the status of individual entrepreneurs who hire employees (According to Law No. 426-FZ, Article 3).

Which jobs need to be assessed?

There are a number of differences between jobs that are now subject to special assessment and for which jobs were previously attested.

So, earlier, attestation of workplaces was carried out in case of using hand tools, mechanisms, equipment, installations, machines, devices, devices and vehicles on them, in the presence of sources of danger. Since 2014, in the case of a special assessment, no such restrictions have been established; therefore, it is carried out regardless of whether the above factors are present at the workplace or not.

Another difference concerns teleworkers and homeworkers. For these jobs, certification of jobs was carried out on a general basis. Based on Law No. 426-FZ, which is currently clearly written on this issue, there is no need to conduct a special assessment of labor in relation to employees working remotely.

The frequency of the special assessment

What is the timing of the special assessment? There are scheduled inspections and unscheduled inspections. Planned must be carried out once every five years. If certification was carried out at the workplace, then a special assessment can be scheduled 5 years after certification is completed.

However, cases are stipulated, upon the occurrence of which an unscheduled inspection is carried out (up to 5 years from the date of the last conduct:

When commissioning new jobs.
In the event of a change in the technological process, including the use of the composition of the materials used and other innovations that affect the level of exposure to hazardous and harmful production factors.
In the event of an accident at work or the occurrence of an occupational disease, which are caused by dangerous and harmful working conditions.
Based on the order of the labor inspector, as well as a motivational proposal coming from the trade union organization.

What threatens to refuse a special assessment

If the organization did not conduct a special assessment of labor, then it could be held administratively liable.

Until 2015, the employer was involved in such an offense in accordance with the Code of Administrative Offenses of the Russian Federation, Article 5.27, according to which the fine for officials is from 1 to 5 thousand rubles, and for legal entities - from 30 to 40 thousand rubles. Another type of punishment is the suspension of the organization's activities for up to 90 days.

Starting from 2015, a fine for the lack of a special assessment is charged on the basis of the Code of Administrative Offenses of the Russian Federation, Art. 5.27.1 and is:

For individual entrepreneurs and officials from 5 to 10 thousand rubles.
For legal entities it is from 60 to 80 thousand rubles.
There is also a warning.

In case of repeated violation, the penalties will be more severe:

For individual entrepreneurs and officials it will be from 30 to 40 thousand rubles.
For legal persons - from 100 to 200 thousand rubles.
Instead of applying penalties, it is possible to suspend the activities of an organization (IE) for up to 90 days, and an official may be disqualified for 1-3 years.

What happens if an accident occurs and there is no special assessment?

In this case, the evidence of the employer's guilt may be the lack of results of a special assessment of working conditions in the organization (Individual entrepreneur). If guilt is proven, then the head may be prosecuted in accordance with the Criminal Code of the Russian Federation, Art. 143:

The amount of the fine can be up to 400 thousand rubles.
In the amount of the manager's salary from 8 to 18 months.
It is possible to apply punishment in the form of forced labor for up to 1 year or imprisonment for up to 1 year.

All employers are required to conduct a special assessment of working conditions in 2019. Otherwise, violators will face a fine of 60,000 to 80,000 rubles. This procedure is established by part 2 of Article 5.27 of the Code of Administrative Offenses. In the article we will talk about the nuances of conducting a special assessment, the procedure for conducting it and the cost, as well as the latest news on special assessment.

Ivan Shklovets, deputy head of Rostrud, gave a comment to the Simplification magazine. He told how small businesses conduct a special assessment.

“If, based on the results of the assessment, the expert did not identify harmful and dangerous factors, the company has the right to submit a declaration of conformity for these workplaces. Then, in the future, a special assessment can be omitted,” Ivan Shklovets noted.

As the official noted, all companies are required to conduct a special assessment of working conditions at least once every five years (clause 4, article 8 of the Federal Law of December 28, 2013 No. 426-FZ). If the organization does not have jobs with harmful or dangerous working conditions, a special assessment must be carried out before December 31, 2018 (clause 1, article 27 of Law No. 426-FZ). However, Rostrud named cases when companies, even if they have employees, have the right not to conduct a special assessment. We cited such cases in the article of the magazine "Simplification".

How to conduct a special assessment: step by step instructions

	Actions
	Approve the composition of the commission and the schedule of the event. To do this, use
	Make a list of jobs to evaluate.
	Choose an accredited organization that will conduct a special assessment and conclude an agreement with it.
	Sign the report on the results of the special assessment (). Send a copy of the report within 3 working days after signing to the organization that conducted the special assessment.
	Post the results of the special assessment and a list of measures () to improve working conditions on your website (if any). If there is no site, you do not need to invite its development.
	Report to the FSS information about the results of the special assessment in table 5 of the 4-FSS calculation. If you conducted a special assessment before January 1, fill in the data in the 4-FSS for the first quarter of 2019. If you did not have time to complete the assessment, then include the assessment data starting from the report for the 1st quarter of 2020.
	Familiarize employees with the results of the special assessment against signature in the map. The term is 30 calendar days from the date of approval of the report (letter of the Ministry of Labor dated July 14, 2016 No. 15-1 / OOG-2516).
	Write down in the employment contract a clause on the assigned class of working conditions, take the data from the special assessment card. Sample wording in an employment contract. Submit a declaration of conformity to the labor inspectorate () if no harmful or dangerous production factors have been identified at the workplace.

Penalties for special assessment

If jobs were created before 2018, and the assessment was not completed by January 1, 2019, then in 2019 labor inspectors have the right to fine the company in the amount of 60 to 80 thousand rubles. (part 2 of article 5.27.1 of the Code of Administrative Offenses).

Labor inspectors will write out one general fine, they will not fine the organization separately for each workplace where it did not conduct a special assessment (decision of the Perm Regional Court of February 27, 2018 No. 7–323/2018 // 21–208/2018).

What is a job appraisal

Special assessment of workplaces or abbreviated "SOUT" is a set of sequentially carried out measures, the purpose of which is to identify harmful and / or dangerous conditions of the labor process and assess the level of impact of deviations from the norms on the employee (clause 1, article 3 of the Federal Law of December 28, 2013 No. 426-FZ).

The employer must spend at least 0.2% of the cost of manufacturing products, performing work, and providing services on labor protection for employees (part 3 of article 226 of the Labor Code of the Russian Federation). The list of activities is contained in the order of the Ministry of Health and Social Development dated 01.03.2012 No. 181n and also includes the implementation of the SATS.

Based on the results of a special assessment of workplaces, the commission establishes a class / subclass of working conditions.

In accordance with paragraph 7 of Art. 14 of the Federal Law of December 28, 2013 No. 426-FZ, it is allowed to reduce the class (subclass) of working conditions for workers by more than one step. For companies engaged in certain types of activities, the improvement of working conditions can be carried out according to established industry specifics.

Please note that the SOUT should be carried out at least once every 5 years, unless otherwise provided by the legislation of the Russian Federation. The countdown of the period of the SUT is carried out from the date of approval of the assessment report.

Who checks working conditions

The requirements for the company conducting the SOUT are established by Art. 19 of the Federal Law of December 28, 2013 No. 426-FZ. So, in the statutory documents of the inspectors, “conducting the SAUT” should be indicated as the main type of activity or one of the types of activity. In addition, the company must have:

at least 5 experts with a certificate granting the right to provide services for assessing working conditions
at least 1 expert with higher education in one of the specialties: sanitary and hygienic laboratory research / general hygiene / occupational health

The testing company must have an accredited testing laboratory. At the same time, accreditation is "for testing and measuring harmful and / or dangerous factors of the working environment and the labor process." The checking company has the right to involve third-party testing laboratories. This does not contradict the legislation of the Russian Federation (clause 2, article 19 of the Federal Law of December 28, 2013 No. 426-FZ).

The register of organizations that, in the opinion of the Ministry of Labor of Russia, have the right to engage in the implementation of the SOUT is published on the website of the department: akot.rosmintrud.ru

Who is required to conduct a special assessment of jobs in 2019

In accordance with Art. 212 of the Labor Code of the Russian Federation, each employer, including small businesses, must assess the conditions of workplaces. In some cases, the legislation provides for the mandatory conduct of the SOUT outside the plan (Article 17 of the Federal Law of December 28, 2013 No. 426-FZ):

introduction of new jobs
obtaining an order from the federal state supervision over compliance with the labor legislation of the Russian Federation
change of production equipment or introduction of innovations in the technological process, which may change the level of exposure to harmful and / or dangerous conditions for the health of the worker
the use of new materials, raw materials that can affect the level of influence of harmful and / or dangerous conditions on the employee
introduction of new means of individual and collective protection, which can change the indicator of exposure to harmful and / or dangerous conditions for an employee
accident at work, with the exception of the case caused by the fault of third parties
occupational illness of an employee caused by exposure to harmful and/or hazardous production factors
initiative of a trade union organization or other representative body of employees to conduct an unscheduled assessment of jobs

In accordance with paragraph 2 of Art. 17 of the Federal Law of December 28, 2013 No. 426-FZ, the employer must conduct a special assessment of working conditions:

within 12 months from the date when:

process has changed
new jobs appeared
production equipment was replaced

within 6 months from the date when:

received an order from the regulatory authority
changed the composition of the materials used, raw materials
changed the means of individual and collective protection
industrial accident
a proposal was received from a trade union organization or other representative body of employees to conduct an unscheduled SOUT

Changes in the special assessment in 2019

In 2019, it is necessary to take into account the amendments made by Federal Law No. 208 of July 19, 2018.

Article 1

Article 32 of the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological well-being of the population" (Collected Legislation of the Russian Federation, 1999, N 14, art. 1650; 2011, N 30, art. 4596; N 50, art. 7359; 2012, N 26, article 3446) supplement with paragraph 1.1 of the following content:

"1.1. When exercising the production control provided for in paragraph 1 of this article, the results of studies (tests) and measurements of harmful and (or) hazardous production factors carried out by a testing laboratory (center) accredited in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system, but not earlier than six months before the specified production control.".

Article 2

Paragraph one of paragraph 1 of Article 29.1 of the Federal Law of March 26, 2003 N 35-FZ "On the Electric Power Industry" (Collected Legislation of the Russian Federation, 2003, N 13, Art. 1177; 2011, N 30, Art. 4590; 2015, N 29, 4359; N 45, art. 6208; 2016, N 18, art. 2508; N 26, art. 3865) after the words "violations of the requirements by the subjects of the electric power industry and consumers of electric energy" add the words "on the safe conduct of work at electric power facilities, requirements", after the words "(hereinafter referred to as mandatory requirements)," add the words "as well as the rules on labor protection,".

Article 3

Part 1 of Article 4.1 of Federal Law No. 190-FZ of July 27, 2010 "On Heat Supply" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2010, N 31, Art. 4159; 2016, N 18, Art. 2508) after the words "violations by heat supply organizations and heat grid organizations of requirements" to add the words "on the safe conduct of work at heat supply facilities, requirements", after the words "(hereinafter in this article - mandatory requirements)," to add the words "as well as labor protection rules,".

Article 4

In paragraph 5 of part 2 of article 88 of the Federal Law of November 21, 2011 N 323-FZ "On the basics of protecting the health of citizens in the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2011, N 48, art. 6724; 2013, N 48, art. 6165; 2016, N 1, article 28) the words "safe working conditions," shall be deleted.

Article 5

In part 7 of Article 12 of the Federal Law of December 28, 2013 N 426-FZ "On a special assessment of working conditions" (Collected Legislation of the Russian Federation, 2013, N 52, Art. 6991; 2014, N 26, Art. 3366; 2016, N 18, Article 2512) the words "may be used" shall be replaced by the words "may be used".

Who has the right not to conduct a special assessment

An unscheduled special assessment does not need to be carried out if:

name changed - at the employer-IP
as a result of the reorganization, the organizational and legal form of the employer-legal entity has changed
the name of the workplace has changed (at the same time, such an innovation did not lead to grounds for conducting an unscheduled inspection of the conditions of workplaces)

The employer must conduct an assessment of all workplaces, with the exception of checking the working conditions of teleworkers and homeworkers. SOUT is also not carried out in relation to employees who have entered into labor relations with individuals who are not registered with the tax office as individual entrepreneurs.

Step-by-step rules for conducting a special assessment and documents

Step 1. Drawing up and approval of the composition of the commission for conducting a special assessment of working conditions

The head of the company must approve the composition of the commission for the implementation of the SOUT and the procedure for its activities. The number of committee members must not be even. Moreover, the composition of the commission must necessarily include a labor protection specialist (paragraphs 1-2 of article 9 of the Federal Law of December 28, 2013 No. 426-FZ). As a rule, the general director of the company appoints himself as the head of the commission (part 4 of article 9 of the Federal Law of December 28, 2013 No. 426-FZ).

Step 2. Determining the list of jobs subject to SUT

The list of workplaces that are subject to inspection for the presence of harmful and / or dangerous working conditions is established by the commission. If there are similar jobs, the SOUT is carried out only in relation to 20% of them, but not less than two (clause 1, article 16 of the Federal Law of December 28, 2013 No. 426-FZ). For the rest of the workplaces, the results obtained when checking 20% of the places from the total number are applied.

At the same time, similar jobs should be understood as jobs where employees:

perform the same job duties (same position, specialty, position) in one or more similar industrial premises equipped with identical or similar ventilation, air conditioning, lighting and heating systems
work in the same mode of working hours while maintaining the same type of technological process using identical production equipment, tools, raw materials and materials
provided with the same personal protective equipment

Step 3. Approval of the schedule for conducting the SUT

When scheduling the assessment, the following should be taken into account:

SOUT is carried out for each worker's dream at least once every 5 years (this procedure also applies to office premises). The basis is paragraph 4 of Art. 8 of the Federal Law of December 28, 2013 No. 426-FZ
if the employer has not previously conducted a SATS, then the deadline to check workplaces for the presence of harmful and / or dangerous factors on the employee and the degree of their influence is no later than December 31, 2018 (clause 6, article 27 of the Federal Law of December 28, 2013 No. 426- FZ)

It should be noted that the law does not prohibit the implementation of SOUT of workplaces in stages, with the exception of workplaces where:

based on the results of a previous assessment, harmful and / or dangerous working conditions were established
the position (specialty) of employees gives them the right to early appointment of an old-age insurance pension
compensation and guarantees for work with harmful and / or dangerous working conditions

However, according to the Ministry of Labor of Russia, certification of workplaces should be carried out without division into stages (Letter of the Ministry of Labor of Russia dated December 8, 2014 No. 15-1 / B-1829). For the lack of results of the SOUT, the Code of Administrative Offenses provides for liability, including a fine:

up to 10,000 rubles - for individual entrepreneurs and officials
up to 80,000 rubles – for companies

Step 4. Conclusion of an agreement with a specialized company for the implementation of the SOUT

To avoid cooperation with scammers, you should use the register of the company and experts listed on the website of the Ministry of Labor of Russia: akot.rosmintrud.ru

Step 5. Providing the auditing company and experts with the necessary information and documents

Step 6. Identification of harmful and / or hazardous production factors and assessment of their level

Step 7. Reflection of the results of the SUT in the report and approval of the report

The result of the conducted SOUT must be indicated in the report and signed by all members of the commission, including its chairman (part 2 of article 15 of the Federal Law of December 28, 2013 No. 426-FZ). In case of disagreement of any specialist of the commission with the result of the inspection of workplaces, it is necessary that he state his opinion in writing and attach it to the report.

Step 8. Notification of the company conducting the SUT about the approval of the report with the results of the job assessment

Within three working days from the date of signing the report on the conduct of the SATS, the employer must notify the company with which he has concluded an agreement on the assessment of jobs, as well as send her a copy of the approved report (clause 5.1, article 15 of the Federal Law of December 28, 2013 No. 426-FZ). The fact of the notification must be confirmed.

Step. 9 Sending a declaration to the supervisory authority

In the absence of harmful and / or dangerous production factors, the employer must notify the labor inspectorate at his location. This procedure is provided for in paragraph 1 of Art. 11 of the Federal Law of December 28, 2013 No. 426-FZ. The form and procedure for filing the declaration are approved by the Ministry of Labor of Russia (Order No. 80n dated February 7, 2014).

The deadline for filing a declaration is no later than 30 working days from the date of approval of the report on the implementation of the SAUT (clause 5 of the Procedure for filing a declaration of compliance of working conditions with state regulatory requirements for labor protection, approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).

Step 10. Familiarize employees with the results of the SUT

Employees of the company must be familiarized with the results of the SOUT no later than 30 calendar days from the date of approval of the report (clause 5, article 15 of the Federal Law of December 28, 2013 No. 426-FZ).

Step. 11 Posting the results of the SOUT on the website

Such a requirement is specified in paragraph 6 of Art. 15 of the Federal Law of December 28, 2013 No. 426-FZ).

Step 12. Notification of the FSS of Russia on the results of the SOUT

The data is reflected in the form 4-FSS. The form was approved by the Order of the FSS of Russia dated September 26, 2016 No. 381).

Step 13. Applying the results of SUT

When the working conditions are recognized by the commission as harmful or dangerous, a list of measures that the employer must perform (purchase personal protective equipment, etc.) is added to the report.

The employer must amend labor contracts with employees, and in the agreement indicate new working conditions, guarantees for harmful or dangerous conditions. Date of entry into force. agreements to the employment contract - the date of approval of the report with the results of the SOUT.

For work in harmful and dangerous working conditions, an employee is entitled to additional payments, reduced working hours depending on the class / subclass of working conditions, additional holidays (Articles 92, 117 and 147 of the Labor Code of the Russian Federation). Employees who perform their labor duties in harmful or dangerous working conditions, regardless of what class and degree they are assigned, must be paid increased wages. The minimum amount of increase in payments is 4% of the usual salary or tariff rate (parts 1 and 2 of article 147 of the Labor Code of the Russian Federation). Moreover, under harmful working conditions (3rd or 4th degree) or dangerous, workers are entitled to reduced working hours (see table).

Guarantee	Hazard class	Guarantee amount	Base
Increased pay	doesn't matter	at least 4% of the salary or tariff rate	Articles 146 and 147 of the Labor Code of the Russian Federation
Reduced hours of work	subclasses 3.3, 3.4 and class 4	no more than 36 hours per week	Art. 92 Labor Code of the Russian Federation
Additional leave	subclasses 3.2, 3.3, 3.4	at least 7 calendar days	Art. 116 and 117 of the Labor Code of the Russian Federation

Additional contributions

Payments to employees employed in the work specified in paragraphs 1-18 of part 1 of Art. 30 of Federal Law No. 400-FZ are subject to additional contributions, but on the condition that such employees have the right to early retirement (Letters of the Ministry of Finance of October 23, 2017 No. 03-15-06 / 69113, letter of the Federal Tax Service of Russia of May 24, 2017 No. BS- 4-11/9763).

The accrual of contributions for additional tariffs must be carried out from the date of approval of the report on the implementation of the SATS (Letter of the Ministry of Labor of Russia dated March 13, 2014 No. 17-3 / V-113).

Approximate cost of special valuation by region

The cost of the SUT depends on the total number of jobs to be assessed. As a rule, the price of SOUT depends on the category of the workplace:

office workplace (manager, secretary, accountant, lawyer, programmer, etc.)
workplace of the 1st category (installer, loader, nurse, waiter, doctor, etc.)
workplace of the 2nd category (driver, welder, laboratory assistant, foundry worker, metallurgist, radiologist, etc.)

In Moscow, St. Petersburg, the standard price starts from 600 rubles. for 1 workplace, but many experts argue that SOUT 1 workplace cannot cost 600 rubles, since the cost of such work is much higher.

The cost of SOUT includes the costs of:

wages for highly skilled workers
overhead costs (rent of premises, maintenance of office equipment, software, electricity, etc.)
depreciation of expensive equipment and devices, consumables

To reduce the cost of the company:

inspection companies work remotely
third-party specialists without the necessary qualifications are involved
unverified devices are used
results are copied (based on research in companies with similar activities)

The average economic substantiated cost of SOUT 1 workplace is from 2,500 to 4,000 rubles. This price is indicated in the letter of the Ministry of Labor of Russia No. 15-4 / 10 / P-3758 of 07/08/2014. Taking into account the complexity of the workplace (for example, a complex non-stationary workplace, the assessment of which requires the measurement of the maximum single or average shift concentration of several chemicals), the price can increase up to 3 times.

If the price of a special assessment of a workplace is lower than the economically justified price by more than 30% of the average market price, then this increases the risk of a fictitious assessment of the SOUT or an assessment of the "simple option" that does not meet the established requirements, which leads to further fines.

Articles in the electronic magazine "Simplification":

the federal law dated December 28, 2013 No. 426-FZ(hereinafter - the Law) introduced a new procedure for the employer - a special assessment of working conditions, which replaced the certification of workplaces. That is, from the moment the Law comes into force, namely, from January 1, 2014, instead of attesting workplaces, the employer must conduct a special assessment of working conditions.

What is a special assessment of working conditions and why is it needed?

This assessment is a set of measures ( Part 1 Art. 3 Laws):

on the identification of harmful or dangerous factors of the working environment and the labor process;
by assessing the level of their impact on the employee.

According to its results, in particular ( Art. 7 Law):

workers are provided with means of individual and collective protection;
the guarantees and compensations for employees provided for by the Labor Code of the Russian Federation are established;
preliminary and periodic medical examinations are carried out;
an additional rate of contributions to the PFR is established;
the discount (surcharge) to the insurance rate of contributions for "injuries" is calculated;
preparing statistical reports on working conditions.

Whose working conditions are assessed?

As a general rule, a special assessment is carried out in relation to the working conditions (workplaces) of all employees.

However, there are several exceptions to this rule. Thus, working conditions are not subject to special assessment ( Part 3 Art. 3 Laws):

homeworkers;
remote workers;
employees who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

Who conducts the special assessment?

The employer must organize and pay for a special assessment, as before, and attestation of workplaces ( Part 1 Art. 8 Laws). At the same time, the assessment itself is carried out jointly by the employer and a specialized organization involved on the basis of a civil law contract ( Part 2 Art. 8 Laws).

When choosing such an organization, the employer should take into account the requirements imposed by the Law on specialized organizations, namely, st.st. 19-20.

When is a special assessment carried out?

A special assessment is carried out at least once every five years. The specified period is calculated from the date of approval of the report on its implementation (part 4 of article 8 of the Law). It does not matter whether harmful and (or) dangerous factors were identified during the assessment. That is, even if they are not identified, after five years the procedure will need to be carried out again.

It should be noted that earlier workplaces were exempted from attestation if, following its results, working conditions were recognized as safe (paragraph “b”, paragraph 8 of the Procedure for attesting workplaces in terms of working conditions, approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n).

Please note that there are cases in which it is necessary to conduct a special assessment earlier than after five years, that is, unscheduled. So, an unscheduled assessment is carried out if (part 1 of article 17 of the Law):

newly organized workplaces are put into operation;
the employer receives instructions from the state labor inspector to conduct such an assessment;
the technological process is changed, production equipment is replaced, which is able to influence the level of exposure to harmful and (or) hazardous production factors on workers;
changes in the composition of the materials and (or) raw materials used that can affect the level of exposure to workers;
changes in the means of individual and collective protection used;
an accident at work has occurred (with the exception of an accident caused by the fault of third parties) or an occupational disease has been identified, the causes of which were the exposure of the employee to harmful and (or) dangerous production factors;
there is a motivated proposal from the primary trade union organizations or another representative body of workers to conduct such an assessment.

How is a special assessment carried out?

A special assessment of working conditions consists of several stages.

Stage 1. Convocation of a special commission

Stage 2. Approval of the special evaluation schedule

Stage 3. Approval of the list of jobs subject to special assessment

Stage 4. Hiring a specialized organization that will carry out the assessment

The employer must conclude a civil law contract with the selected specialized organization.

Stage 5. Identification of potentially harmful and (or) hazardous production factors

Stage 6. Research (testing) and measurement of harmful and (or) hazardous production factors

Stage 7. Summing up the results of the special assessment

Stage 8. Familiarization of employees with the results of a special assessment

Stage 9. Posting information about the special assessment on the official website of the employer

Stage 10. Transfer of the results of the special assessment to the authorized body

The specialized organization is obliged to transfer the results of the assessment:

until January 1, 2016 - to Rostrud (part 3 of article 28 of the Law);
from January 1, 2016 - to the Federal State Information System for recording the results of a special assessment of working conditions (part 1 of article 18 of the Law).

What classes and subclasses of working conditions exist?

Recall that, based on the results of a special assessment, classes (subclasses) of working conditions at workplaces are established (Part 2, Article 3 of the Law). The specified classes and subclasses are taken into account when determining the amount of the additional rate of contributions to the Pension Fund of the Russian Federation.

For more information about additional tariffs, see the Directory "Insurance contributions for pension, medical and social insurance"

So, according to the degree of harmfulness and (or) danger, working conditions are divided into four classes (part 1 of article 14 of the Law):

optimal - 1 class;
admissible - 2 class;
harmful - class 3;
dangerous - 4th class.

Do employers who have conducted job evaluations need to carry out a special assessment?

If prior to January 1, 2014, the employer carried out certification of workplaces, then he may not conduct a special assessment in relation to these places within five years from the date of completion of certification (except for cases in which an unscheduled certification is carried out) (part 4 of article 27 of the Law ).

In this case, the results of attestation are used for the same purposes as the results of a special assessment.

However, it is worth noting that the employer has the right not to wait until these five years have passed, and to conduct a special assessment of working conditions.

Within what time period from the moment the Law comes into force should a special assessment be carried out?

A special assessment of working conditions can be carried out in stages, the main thing is that it be completed no later than December 31, 2018 (part 6 of article 27 of the Law). At the same time, it does not matter whether certification of workplaces was carried out earlier or not.

However, this rule does not apply to workplaces:

employees, professions, positions, specialties of which are included in the lists, taking into account which the early appointment of an old-age labor pension is carried out;
in connection with work on which 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 workplace certifications.

At the same time, the Law does not regulate the terms for conducting a special assessment in relation to these jobs. In our opinion, it should be carried out after five years from the date of certification.

Is there any liability for not conducting a special assessment?

The answer to this question is contained in paragraph 3 of Art. 11 of the Federal Law of December 28, 2013 No. 421-FZ, which made the appropriate amendments to the Code of Administrative Offenses of the Russian Federation. So, part 2 of the new art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for liability if the employer violated the procedure for conducting a special assessment or did not conduct it. According to the specified norm, such offenses entail a warning or a fine:

for officials - from 5,000 to 10,000 rubles;
for persons carrying out activities without forming a legal entity - from 5,000 to 10,000 rubles;
for organizations - from 60,000 to 80,000 rubles.

For questions about conducting a special assessment of working conditions, contact the specialist in labor relations of the Administration of the Yegorlyksky District, room. No. 19, contact phone 23-7-68.

The administration of the Yegorlyksky district asks the heads of enterprises and organizations, individual entrepreneurs, in order to take into account jobs in the territory of the municipality, where a special assessment of working conditions has been completed, to provide information on the special assessment of working conditions.

1. What is a special assessment of working conditions and which organizations and individual entrepreneurs should conduct it.

2. Why should an employer conduct a special assessment of working conditions.

3. What legislative and regulatory acts regulate the conduct of a special assessment of working conditions.

Since 2014, certification of workplaces in terms of working conditions has been replaced by a special assessment, in connection with the adoption of the Federal Law of December 28, 2013 No. 426-ФЗ “On the Special Assessment of Working Conditions”. Information on the results of the special assessment carried out must be reflected in the 4-FSS report (Table 10) starting from the report for the first quarter of 2014. Moreover, all insurers must fill out table 10, including those who did not conduct a special assessment of working conditions (read more about the filling procedure in the article). However, despite the fact that the introduction of a special assessment of working conditions is no longer new, there are still many questions regarding the procedure for its implementation, its mandatory nature, etc. In this article, I propose to consider which organizations and individual entrepreneurs should conduct a special assessment and why.

First of all, let's understand what a special assessment of working conditions is. According to Article 3 of Law No. 426-FZ, a special assessment of working conditions is a set of measures to identify harmful and (or) dangerous factors in the working environment and the labor process and assess the level of their impact on the employee. Based on the results of its implementation, classes and subclasses of working conditions are assigned to workplaces, and an action plan is developed to improve working conditions.

Which employers and with what frequency should conduct a special assessment of working conditions

All employers must conduct a special assessment, such an obligation is established by paragraphs. 1 p. 2 art. 4 of Law No. 426-FZ, regardless of legal status (organization or individual entrepreneur), type of activity, number of employees, etc. Moreover, a special assessment of working conditions should be carried out in relation to all jobs, with the exception of homeworkers and remote workers (clause 3, article 3 of Law No. 426-FZ).

! Note: special assessment is also subject to workplaces where employees are engaged exclusively in working with a personal computer and other office equipment. Previously, such jobs were not subject to mandatory certification for working conditions.

A special assessment of working conditions must be carried out at least once every five years. However, in the presence of the circumstances specified in Art. 17 of Law No. 426-FZ, an unscheduled special assessment should be carried out (for example, when new jobs are introduced, there is an order from the labor inspectorate, in the event of an accident at the workplace, etc.).

! Note: if the employer carried out certification of workplaces in terms of working conditions, then a special assessment in relation to these workplaces may not be carried out within five years from the date of completion of the certification (if there are no grounds for conducting an unscheduled special assessment of working conditions).

Why does an employer need to conduct a special assessment of working conditions

The results of the special assessment carried out are used in the following cases:

1. As a justification for the costs of taking measures to improve working conditions and labor protection (purchasing personal and collective protective equipment for workers, conducting mandatory medical examinations) in order to reimburse them from the Social Insurance Fund.

The procedure for reimbursement of such expenses at the expense of the FSS and the list of expenses subject to reimbursement are established by Order of the Ministry of Labor of Russia dated December 10, 2012 No. work with harmful and (or) dangerous production factors. According to paragraph 3 of the Rules, the insured has the right to reimburse at the expense of the FSS, for example, the costs of:

implementation of measures to bring the levels of exposure to harmful and (or) hazardous production factors at workplaces in line with state regulatory requirements for labor protection;
, as well as flushing and neutralizing agents;
sanatorium-and-spa treatment of workers employed in work with harmful and (or) dangerous production factors;
conducting mandatory periodic medical examinations (examinations) of employees employed in work with harmful and (or) dangerous production factors;
purchase by insurers of first aid kits;
and other expenses specified in the Rules.

2. To justify the costs of taking measures to improve working conditions and labor protection (purchase of collective protective equipment, equipping workplaces, for example, with lighting fixtures, equipping recreation areas, etc.) for tax purposes.

3. To establish an additional rate of insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace. The sizes of additional tariffs are established by part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 No. 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund":

Working condition class	Subclass of working conditions	Additional insurance premium rate
Dangerous	4	8.0 percent
Harmful	3.4	7.0 percent
	3.3	6.0 percent
	3.2	4.0 percent
	3.1	2.0 percent
Permissible	2	0.0 percent
Optimal	1	0.0 percent.

4. To calculate discounts (surcharges) to the insurance rate for compulsory social insurance against accidents at work and occupational diseases.

The methodology for calculating discounts and surcharges to insurance rates for compulsory social insurance against industrial accidents and occupational diseases was approved by Order of the Ministry of Labor of Russia dated August 01, 2012 No. 39n. In accordance with it, the specific amount of the discount or premium is set by decision of the FSS within 40 percent of the approved insurance rate. In this case, the premium is set at the initiative of the FSS, and the discount is set at the request of the insured.

5. To establish guarantees and compensations provided for by the Labor Code of the Russian Federation for employees.

Guarantees for employees based on the results of a special assessment of working conditions are also provided for by Decree of the Government of the Russian Federation dated November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions.

6. For other purposes, the list of which is contained in Article 7 of Law No. 426-FZ.

So, we have clarified the "theoretical" aspects of a special assessment of working conditions: who, when and why should conduct it. In I will write about the “practical” issues associated with a special assessment: what is the procedure for conducting it and, most importantly, how the costs of conducting it are taken into account.

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Legislative and regulatory acts:

Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions”
Order of the Ministry of Labor of Russia dated December 10, 2012 No. 580n “On Approval of the Rules for Financial Support of Preventive Measures to Reduce Occupational Injuries and Occupational Diseases of Workers and Sanatorium and Resort Treatment of Workers Employed at Work with Harmful and (or) Dangerous Production Factors”
Federal Law No. 212-FZ dated July 24, 2009 “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”
Order of the Ministry of Labor of Russia dated August 01, 2012 No. 39n “On Approval of the Methodology for Calculating Discounts and Surcharges for Insurance Rates for Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”
Decree of the Government of the Russian Federation of November 20, 2008 No. 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions”

How to get acquainted with the official texts of documents - see the section