Similar jobs assessment of working conditions. Similar workplaces during a special assessment of working conditions
From January 1, 2014, employers are required to conduct a special assessment of working conditions (Federal Law of December 28, 2013 No. 426-FZ ""; hereinafter - Law No. 426-FZ). This procedure was introduced instead of workplace certification and largely repeats it.
On December 31, 2018, the period ended when employers could gradually conduct a special assessment of working conditions in relation to workplaces where potentially harmful and (or) hazardous production factors are identified. It's about about the so-called safe, "unlisted" jobs, that is, not listed in. In fact, jobs belong to this category. In addition, only until this date could the results of the previously conducted certification of workplaces be valid (letter of the Ministry of Labor of Russia dated June 1, 2018 No. 15-4 / 10 / B-4010 "").
Thus, the period during which it was necessary to make the SOUT has already expired for employers. From January 1, those who have not fulfilled this obligation may be held liable for. It should be noted at the same time that liability for this part does not depend on the number of employees whose labor rights() have been violated.
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Nevertheless, firstly, those who are late should carry out a special assessment as soon as possible - in particular, the Ministry of Labor of Russia should implement a mechanism for preventing violations in relation to small businesses and individual entrepreneurs, under which the employer will first be sent a warning about the inadmissibility of violating labor protection requirements, and only in case of non-compliance - will be fined.
In addition, a special assessment can be carried out for the first time by those who have just created new jobs. It takes a year from the moment of their formation. That is, if workplace created in December 2018, the deadline for completion of the SOUT is December 2019.
For both categories of employers, our instructions will be very useful. During the special assessment, they need to take into account a number of features in order to avoid administrative liability for violating the established procedure for conducting a special assessment for the same.
Let's consider the procedure for this procedure in more detail.
Step 1. Issue an order to form a commission for a special assessment of working conditions
Having made the decision to carry out special evaluation working conditions, the head of the organization must issue an appropriate order, defining in it the composition of the commission for conducting such a special assessment, including the head, as well as the procedure for its activities. At the same time, the number of members of the commission must be odd, and a labor protection specialist () must be included in its composition. The head of the committee is usually CEO ().
Step 2. Approve the list of jobs for a special assessment
The list of jobs for which a special assessment should be carried out, including similar ones, is determined by the commission created by the employer ().
A special assessment in the presence of similar jobs is carried out only in relation to 20% of their total number, but in any case there should be more than two (). The results of the special assessment are applied to all similar jobs.
OUR REFERENCE
Similar workplaces are workplaces that are located in one or more similar industrial premises equipped with the same or the same type of ventilation, air conditioning, heating and lighting systems, where employees work in the same profession, position, specialty, perform the same labor functions in the same working hours while maintaining the same type technological process using the same production equipment, tools, fixtures, materials and raw materials and are provided with the same means personal protection ().
Step 3. Issue an order approving the schedule for a special assessment of working conditions
Simultaneously with determining the list of jobs for which a special assessment of working conditions should be carried out, the commission draws up a schedule for the special assessment. It must be approved by the relevant order of the head of the organization.
When drawing up this schedule, consider the following.
By general rule, a special assessment is carried out for each workplace, including office rooms at least once every five years ().
If the employer did not previously conduct a special assessment of working conditions, it had to be carried out no later than December 31, 2018 (). At the same time, the law allowed this to be done in stages.
Exceptions are jobs:
- those employees whose profession, position or specialty gives them;
- work on which gives the right to guarantees and compensation for work;
- where, based on the results of previous certification of workplaces for working conditions or a special assessment of working conditions, harmful and / or dangerous working conditions were established ().
A special assessment of these jobs had to be carried out as a matter of priority, without division into stages (). For failure to fulfill this obligation, the employer faces administrative liability, including a fine of up to 10 thousand rubles - for officials and individual entrepreneurs, up to 80 thousand rubles. - For legal entities ().
If, before December 31, 2013, the employer carried out certification of workplaces in terms of working conditions, a special assessment in relation to these workplaces can not be carried out within five years from the date of completion of the certification ().
In addition, in addition to the planned special assessment of jobs, the employer is obliged to conduct an unscheduled one - for example, when commissioning newly organized jobs, changing the technological process, receiving an appropriate order from the GIT, etc. (). The period during which an unscheduled special assessment of working conditions must be carried out is from 6 to 12 months, depending on the basis for its conduct ().
Step 4. Conclude an agreement with a specialized organization for a special assessment of working conditions
In order to conduct a special assessment of working conditions, the employer must conclude an appropriate agreement with the selected specialized organization (,). The register of accredited organizations can be found on the website of the Russian Ministry of Labor (http://akot.rosmintrud.ru/).
Step 5. Transfer the necessary information, documents and information to the organization conducting a special assessment of working conditions
As soon as an agreement with a specialized organization is concluded, the employer is obliged to provide it with information, documents and information characterizing the working conditions at the workplace (for example, technological documentation, building construction projects, etc.).
Step 6. Approve the results of identification of potentially harmful and / or hazardous production factors
When conducting a special assessment of working conditions, a specialized organization identifies potentially harmful and / or dangerous production factors. The results of this identification, upon its completion, are approved by the commission created by the employer ().
Then the organization proceeds to measure the actual values of harmful and / or dangerous factors, if any have been identified (). According to the results of the study, the expert specialized organization classifies working conditions at workplaces according to the degree of harmfulness and / or danger into optimal, permissible, harmful and dangerous ( , ).
Step 7. Approve the report on the special assessment of working conditions
Based on the results of the special assessment, the organization draws up a report, which must be signed by all members of the commission created by the employer and approved by its chairman (). A member of the commission who does not agree with the results of a special assessment of working conditions may state his reasoned opinion in writing and attach it to the report.
Step 8. Notify the specialized organization about the approval of the report on the special assessment of working conditions
Within three working days from the date of approval of the report on the special assessment of working conditions, the employer is obliged to notify the specialized organization about this, and also send a copy of the approved report (). It can be done by anyone accessible way providing an opportunity to confirm the fact of such notification.
Step 9. Submit a declaration of compliance of working conditions with state regulatory requirements for labor protection
If the presence of harmful and / or hazardous production factors was not identified based on the results of identification, or if, based on the results of measurements, the working conditions at the workplace are recognized as optimal or acceptable, the employer must notify labor inspection at the location of the organization (). To do this, it is necessary that working conditions comply with state regulatory requirements for labor protection (approved). The employer must submit this declaration within 30 working days from the date of approval of the report on the special assessment (approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).
It should be noted that before May 1, 2016, the employer indicated in the declaration only information about the absence of harmful and / or dangerous production factors. In this regard, if, according to the results of measurements carried out before May 1, 2016, the working conditions in relation to other jobs were found to be optimal or acceptable, the employer must submit an updated declaration to the labor inspectorate with the inclusion of these jobs ().
Step 10. Familiarize employees with the report on the special assessment of working conditions
No later than 30 calendar days from the date of approval of the report on the special assessment, the employer must, against signature, familiarize the employees with the results of the special assessment (). The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.
Step 11. Place the results of the special assessment on the organization's website
Within 30 calendar days after the approval of the report on the special assessment of working conditions, the employer should post summary data on the results of the special assessment on its official website - if available ().
The information posted on the website must contain information about:
- on the establishment of classes (subclasses) of working conditions at workplaces;
- on the list of measures to improve the working conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out.
To do this, you need to reflect the relevant data in (approved by order of the FSS of Russia dated September 26, 2016 No. 381).
Step 13. Apply the results of a special assessment of working conditions
The results of the conducted special assessment affect the establishment of guarantees and compensations to employees. Thus, employees whose working conditions at their workplaces are recognized as harmful, depending on the degree of harmfulness, are entitled to a reduced working week no more than 36 hours, additional leave at least seven calendar days and / or compensation in the amount of 4% of the salary (,).
In addition, a clause on working conditions at the relevant workplace must be included in the employment contract with new employees (). And contracts with already working employees should be amended by concluding with them the appropriate additional agreement ().
It is necessary to assess working conditions at all workplaces, with the exception of homeworkers and those employees who work for citizens who are not entrepreneurs, as well as remotely.
But in many organizations, employees work in similar working conditions, perform their duties on the same equipment, are exposed to the same harmful factors. Therefore, the legislators logically reasoned that there was no need to subject all such places to research. In addition, by excluding some of the jobs from the mandatory examination, they somewhat reduced the costs of employers for this procedure. After all, for the inspection of each place you need to pay separately.
Thus, in the order of the Ministry of Health and Social Development of Russia dated August 31, 2007 No. 569 “On approval of the procedure for attestation of workplaces for working conditions”, the term “similar workplace” first appeared. Then, in a slightly modified form, it migrated to the order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n (hereinafter - Order No. 342n). The term has not lost its relevance even now, when the Federal Law of December 28, 2013 No. 426-FZ “On the Special Assessment of Working Conditions” came into force.
What has changed in the concept of a similar workplace?
Part 6 of Article 9 federal law dated December 28, 2013 No. 426-FZ "On a special assessment of working conditions" (hereinafter - Law No. 426-FZ) also contains a definition of a similar workplace. What has changed in comparison with the definition that was used earlier?
Table. comparison table signs of similarity of jobs
| Analogous jobs are jobs that are characterized by totality the following features: professions or positions of the same name; performing the same professional duties when conducting the same type of technological process in the same mode of operation; use of the same type of production equipment, tools, fixtures, materials and raw materials; work in one or more identical premises or outdoors; use of the same type of ventilation, air conditioning, heating and lighting systems; the same location of objects (production equipment, Vehicle etc.) at the workplace; a similar set of harmful and (or) hazardous production factors of the same class and degree; equal provision of personal protective equipment | Similar workplaces are recognized as workplaces that: are located in one or more similar production premises (production zones); equipped with the same (same type) ventilation, air conditioning, heating and lighting systems; occupied by employees of the same profession, position, specialty; contain similar labor functions in a single mode of working time while maintaining the same type of technological process using the same production equipment, tools, fixtures, materials and raw materials; provided with the same personal protective equipment for workers |
As can be seen from the signs of similar jobs, the following are excluded:
- the same set of harmful and dangerous factors of the same class and degree of harmfulness;
- the same, as a rule, the location of objects (production equipment, vehicles, etc.) at the workplace.
In addition, the concept of a set of features has disappeared.
These changes make it somewhat easier to identify similar jobs. Previously, if certification was carried out for the first time, and factors of production were not measured (i.e., classes of working conditions were not defined), this meant that one sign of similarity was already missing. And Order No. 342n required that all signs be available.
How to conduct a special assessment of similar jobs now
As before, the special assessment is carried out by an organization or an expert. Having established the existence of similar jobs, the inspector conducts a study on 20 percent of them. However, their number must be at least two. The results of this assessment are applied to all similar sites identified.
For similar jobs, one special assessment card is filled out, and a single list of measures is being developed to improve working conditions.
If at least one workplace, previously recognized as similar, does not meet these criteria, it will be necessary to conduct a special assessment of all such places.
Law No. 426-FZ does not mention the word "aggregate", but it is implied. Therefore, the premises in which workers of different professions (positions) work cannot be considered as one workplace. Here we can only talk about the number of dimensions.
If the professions (positions) of workers are different, then the labor function of these workers is different. Consequently, they cannot be recognized as similar and each of these places must undergo a special assessment, then a special assessment card for working conditions is issued for each of them.
For example, in a situation where a therapist works in the office at the same desk from 8.00 to 14.00, and from 14.30 to 19.20 in the same office an endocrinologist works at the same table. The list will include two jobs: an endocrinologist and a general practitioner. If we consider the signs of similarity, we can see that the job titles are already different, the mode of operation is different. The fact that these employees work in the same room at the same table only speaks of the number of measurements, for example, microclimate parameters.
In addition, according to the new research methodology, a number of measurements have been eliminated. They will be carried out only in relation to those factors that are identified by the expert, i.e., the coincidence of the factors available at the workplace with their names provided for by the Classifier (approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n) has been established.
So, do not measure natural light. The parameters of the microclimate will be measured if the workplace has equipment that is a source of heat or cold. The assessment of the severity and intensity of labor will also not be carried out for all employees, as it was before, but only for certain categories. For example, severity will be assessed where labor is associated with lifting and moving loads manually, or work is performed in a forced position: standing or moving in space over a distance of more than 5 km. Labor intensity will be assessed at the workplaces of dispatchers, operators, drivers, etc.
The decision to carry out measurements is made by the commission for a special assessment of working conditions based on the opinion of an expert of the organization. The commission conducts a special assessment and draws it up based on the results of identification. The expert enters the identification results into the protocol, which is approved by the commission. At the same time, a new list of jobs is compiled for which a special assessment was carried out.
The most necessary regulations
Remember the main thing
1 The following are excluded from the features of similar workplaces: the same set of harmful and dangerous factors of the same class and degree of harmfulness, as well as the same location of objects (production equipment, vehicles, etc.) at the workplace.
2 As before, you need to conduct research on 20 percent of similar jobs, but not less than two. The results of this assessment are applied to all similar sites identified.
3 If the professions (positions) of workers are different, then the labor function of these workers is different. Consequently, they cannot be recognized as similar and each of these places must undergo a special assessment, respectively, and a special assessment card for working conditions is issued for each of them.
At special conditions labor similar jobs play a very important role. Their presence at the enterprise allows to conduct a special assessment of working conditions (hereinafter - SOUT) in smaller volumes, which means saving time and material resources of the company. Consider which jobs can be considered similar and how to avoid mistakes in their definition.
What are similar jobs
This concept is defined in paragraph 6 of Art. 9 of the law of December 28, 2013 N 426-FZ “On a special assessment of working conditions”.
Jobs that meet the following requirements can be classified as similar:
- Located in one or more similar premises.
- Equipped with the same systems that create a microclimate (heating, lighting, ventilation, etc.).
- Employed by employees of the same profession (positions, specialties)
- The work at these sites is the same type of process using the same equipment, tools, materials, etc.
If the enterprise has similar jobs, then SOUT can be carried out in relation to 20% of them (but not less than two). The results of the assessment are then applied to all workplaces of the group (clause 1, article 16 of Law No. 426-FZ).
Based on the results of the SOUT, one special assessment card is filled out for similar workplaces and a single list of labor protection measures is developed in relation to them.
As a rule, enterprises single out groups of similar jobs on their own in order to assess the amount of work on the SOUT, and then conclude an agreement with a specialized organization.
However, this way of organizing work often leads to errors. Let's take a look at the most common ones in the next section.
The main mistakes in the allocation of similar jobs and their consequences
- When calculating 20% of jobs to be assessed, the employer does not take into account that at least two jobs must be assessed for each group. Thus, in all cases where there are ten or fewer similar jobs in a group, two of them should be evaluated (even if there are only two).
- The employer does not take into account that jobs must meet all of the criteria for "similarity" listed above, and not just some of them.
Example 1
The heads of the supply department and the sales department work in offices of the same area, with one common system heating and air conditioning, use the same office equipment. But these jobs cannot be considered similar, because Heads of different departments perform different labor functions.
Example 2
Truck drivers work on the same schedule, transport the same type of cargo. The driver's workplace is the cab of the car. In this case, only the jobs of those drivers who are allocated cars of the same brand and year of manufacture can be considered similar.
Example 3
Specialists in technical support work in the same common room in open format space, perform the same functions - they advise the company's clients. But in order for their jobs to be considered similar, they still have to use the same office equipment. In particular, telephone sets must be of the same manufacturer, year of manufacture and with similar technical characteristics.
Mistakes in the allocation of groups of similar jobs can lead to the fact that instead of saving time and resources, the enterprise will incur additional costs. Paragraph 5 of Art. 16 of Law No. 426-FZ provides that if a discrepancy is revealed with the similarity criteria for at least one workplace, a special assessment will need to be carried out for all workplaces from this group that were previously recognized as similar.
Therefore, it is advisable to use the services of a specialized organization already at the stage of selecting jobs for SOUT. This will help you plan your work optimally and minimize the chance of errors.
Conclusion
When selecting similar workplaces for the SAUT, it is important to correctly evaluate all the criteria that allow you to combine workplaces into a group. To avoid mistakes, it is best to contact a specialized organization at this stage.
Recall that in accordance with clause 5 f.Z. No. 426 FZ of December 28, 2013 “On a special assessment of working conditions”, the commission, before starting work on a special assessment of working conditions, approves a list of jobs where a special assessment of working conditions will be carried out, indicating similar jobs.
Many people determine the list of jobs on their own in advance in order to calculate the approximate costs of conducting the SOUT.
But, as practice shows, very often this list is compiled incorrectly, including due to the fact that similar jobs are incorrectly identified.
Let's see what places can be considered similar?
According to clause 6 of the Federal Law. No. 426-FZ of December 28, 2013, the following jobs are recognized as similar jobs:
Located in one or more similar industrial premises (production zones);
Equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
where employees:
They work in the same profession, position, specialty,
They carry out the same labor functions in the same working hours while maintaining the same type of technological process using the same production equipment, tools, fixtures, materials and raw materials,
Equipped with the same personal protective equipment.
How many jobs can be classified as similar?
There are no legislative restrictions on how many jobs can be classified as similar. Naturally, employers strive to classify as many jobs as possible as similar ones, as this reduces the cost of special assessment: one card for a special assessment of working conditions is filled out for similar jobs. This is where the mistakes start.
Example 1. In the staff of a small cosmetology organization - a director, Chief Accountant, 2 administrators. Everyone works in the same office, using the same computer. When concluding a contract for the SOUT, the employer provides a list in which these jobs are listed as similar, justifying that the conditions are the same, since one office, equipment, i.e. there is only one computer for everyone, so the places need to be “certified” as similar.
Naturally, the manager is wrong, since the prerequisite is that employees belong to the same profession, specialty, position and perform the same job duties.
Also, the workplace of an accountant and a chief accountant located in the office opposite each other cannot be attributed to similar ones, even if the employees perform the same functions, are in the same working area. If various positions, then the analogy is out of the question.
Sometimes jobs filled with employees of the same position or profession are still not similar.
Example 2. The organization has 3 plumbers. Two plumbers repair plumbing systems, and the third also periodically maintains sewer systems and lowers into sewer manholes.
Despite the fact that the name of the profession is the same, the labor functions are different, so it is also impossible to classify jobs as similar.
A similar example, when jobs in one profession cannot be classified as similar, is associated with the use of different equipment.
Example 3. The organization has forklift drivers, 3 people. Ivanov is assigned a Maximal FD10T-M diesel loader, Petrov is assigned an MZiK EP-103KO electric forklift, and Sidorov is assigned a Heli CPCD25 / CPQD25 H2000 series forklift.
These jobs also cannot be attributed to the same, so the equipment used is different.
When similar jobs are identified, a special assessment of working conditions is carried out for 20 percent of jobs out of the total number of such jobs (but not less than two jobs) and its results are applied to all similar jobs.
If, however, when evaluating similar jobs, differences are revealed in the indicators of factors, signs that do not meet the requirements of similarity, a special assessment is carried out for 100% of jobs that were originally classified as similar.
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01-09-2016
The Special Evaluation of Working Conditions (SAUT), which replaced the attestation of workplaces in 2014, radically changed the approach to assessing working conditions at workplaces and to assigning guarantees and compensations based on its results.
To date, the practice of active use of SOUT in all cities of Russia is more than two years. During this time, an extensive practical base has been accumulated in the legal sphere with the issuance of numerous court decisions on various issues. But, in spite of this, cases of gross violation of the law during the conduct of the SOUT are still very common. Errors are made both through the fault of the organization conducting the SATS, and as a result of oversights by the employer and the commission for the SATS. And, as a rule, most of all inconsistencies happen at the beginning of the process - in preparation for the SOUT.
Counting the number of jobs
The first stage in the work of the commission for conducting the SATS is the approval of the list of jobs subject to, with the determination of the number of similar jobs. In practice, this stage causes significant difficulties, especially when it is necessary to count the number of jobs with the same job titles and several employees.According to Art. 209 Labor Code The Russian Federation defines a workplace as a place where an employee must be located or where he must arrive to perform his duties, and which is directly or indirectly controlled by the employer. It follows from this that for a correct calculation it is necessary to understand how many employees are simultaneously involved in one workplace.
Let's look at a few examples:
1. In an organization where there is no shift and shift method work, 5 accountants work at the same time. In this case, during the SOUT procedure, 5 jobs for the position of "Accountant" should be indicated;
2. In the “day after three” mode, 4 watchmen work, that is, workers replace each other and, in fact, only one is present at the workplace. For this case, when conducting SOUT, it is allowed to reflect one workplace for 4 people;
3. In one workshop, 6 turners work on 3 machines in 2 shifts. At the same time, during the working process, each worker alternately works on each of the 3 machines.
Following the condition of simultaneous presence at the workplace, 3 workplaces are approved for verification. However, in case of compliance with the established criteria, which we indicate below, it will be possible to recognize these jobs.
similar, which will significantly reduce costs.
Sometimes, members of the SUT committee may equate the number of employees with the number of pieces of equipment. This technique simplifies the design of the list of jobs, but it does not always turn out to be true, for example, in cases where:
Note that such rules also apply to non-stationary jobs that have identical names: when compiling the list, several such places cannot be automatically counted as one workplace.
Compliance with job titles
By order of the Ministry of Labor of Russia dated January 24, 2014, the Instruction for filling out reports on the implementation of the SOUT procedure was approved. The specified document states that the name of the position in the materials of the special assessment of working conditions must strictly correspond to the organization's staffing table. It is not uncommon for a commission, for reasons of trade secret, presents to the experts conducting the SATS, a list of jobs that does not correspond to the “staff”. Such falsification in the future may lead to the fact that the regulatory authorities recognize the incompleteness of the conduct of the SATS due to the lack of materials for the evaluation of some positions.In order to avoid such errors, it is necessary to follow the strict correspondence in the job titles, which are indicated in the materials of the SOUT, staffing and employment contracts.
Production restructuring
Many organizations, in order to optimize some business processes, are restructuring, which entails, often minor, changes in job titles. At the same time, the working conditions and job responsibilities of employees practically do not change. Based on this, many employers do not consider it necessary to conduct an unscheduled SOUT, even though the updated job titles in the staffing table andemployment contracts do not correspond to the collected materials of the SOUT.
There is also a more aggravated version of this problem, when changes in the organization are so frequent that during the staffing undergoes many adjustments. In this case, the members of the commission for the implementation of the SUT and the engineers for labor protection should inform the management of the organization about the consequences of such reforms and the financial costs arising from them.
In accordance with Federal Law 136, which entered into force on 05/01/2016, if the workplace was renamed without entailing fundamental changes, SOUT can not be carried out again, and the commission issues an order and decides not to conduct an unscheduled SOUT.
Signs of the similarity of jobs
Combining several jobs into similar ones significantly reduces the cost of, since the mandatory SOUT is carried out in relation to only 20% of all similar jobs (but not less than two). The results obtained during the implementation of the SATS apply to all similar workplaces and, accordingly, one documentation is developed and filled out: a single SATS map and a list of measures to protect labor and improve the working conditions of workers.The features that similar jobs must comply with are set out in Art. 9 FZ No. 426-FZ:
To determine the similarity of jobs, all of the above conditions must be met. The functions of determining similar jobs are entrusted to the commission for conducting the SAUT, and confirmation of the correctness of the allocation of places to similar ones is the task of the expert of the organization conducting the SAUT. According to Art. 16 of the Federal Law No. 426-FZ, in the event that during the SOUT the workplace is found to be inconsistent with at least one of the signs, it will be necessary to assess the working conditions at all workplaces that were previously recognized as similar.
Summing up all of the above, we outline a few rules that will help to compile a correct list of jobs subject to SOUT:
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