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What jobs are recognized as similar. Features of determining similar jobs during special assessment

Special valuation working conditions is one of the fundamental responsibilities of the employer. This is a tool for ensuring safety and comfort for personnel, determining guarantees and compensation for harmful conditions labor provided for Labor Code RF.

SOUT is a single set of consistently implemented measures to identify harmful and (or) dangerous factors of the production environment and the labor process, assess the level of their impact on the employee, taking into account the deviation of actual values from established standards. The Company conducts a special assessment every five years (unless otherwise provided by law) in conjunction with expert organization, which is included in the Register of Organizations Conducting SOUT. It depends on the results of the special assessment of the workplace whether the employee is entitled to an increased wage, extra days to leave, other guarantees and compensations. As well as deductible contributions for an employee to the Pension Fund of the Russian Federation.

Similar Jobs: Identification and Evaluation

According to Part 6 of Article 9 of Federal Law No. 426-FZ dated December 28, 2013, the following features are distinguished for similar workplaces: “located in one or more similar industrial premises (production zones) equipped with the same (similar) ventilation, air conditioning, heating systems and lighting, in which employees work in the same profession, position, specialty, carry out the same labor functions in the same mode of working hours while maintaining the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.

One of the first steps of the special assessment is the preparation of a list of jobs and the identification of similar ones. Having correctly determined the number of similar jobs, the company reduces the cost of conducting the SOUT by up to 80%. When similar jobs are identified, a special assessment is carried out only in relation to 20% of the total number of such jobs (but not less than two). Its results apply to all similar jobs. For them, one SOUT card is also filled out, a single list of measures aimed at improving working conditions is being developed.

Example:

20 machinists work at the Uslada factory in shop No. 1. All jobs are the same. That is, a special assessment of research (testing) and measurements are carried out in relation to 20%, i.e. at 5 similar locations. If, following the results of a special assessment, harmful and (or) dangerous class working conditions, then the corresponding class (subclass) of working conditions is established at all places. Appropriate guarantees and compensations are assigned for each worker, and a list of measures to improve working conditions is developed. For all similar jobs, one card of a special assessment of working conditions will be filled out.

Common Mistakes

The legislation does not regulate how many places can be recognized as similar. In the process of special assessment, employers tend to attribute as many places as possible to such, as this reduces the cost of special assessment, but leads to errors.

If in the course of the SATS at least one of the jobs previously recognized as similar was identified, which does not correspond to the signs of similarity, then a special assessment is carried out at all jobs previously classified as similar. This will lead to an increase in the cost of conducting a special assessment.

Example:

At the Uslada factory in shop No. 2, employees of the same qualifications work in the same room with similar working conditions at the workplace. Both received higher technical education, profile work experience - more than 6 years. Their official duties: establish a step-by-step route for processing and assembling products, draw up plans for the placement of equipment and technical equipment. However, the positions of employees are different - lead engineer and lead process engineer. According to the results of the assessment, these jobs cannot be recognized as similar.

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 workplace an accountant and a chief accountant located in the office opposite each other cannot be attributed to the same, even if the employees perform the same functions, are in the same working area. If different 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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When conducting the SATS, it is written about similar jobs: "When similar jobs are identified, it is enough to conduct a special assessment of working conditions in relation to 20 percent of the total number of such jobs, but not less than two," - how is this to be understood correctly? 2 (TWO) accountants are similar jobs? Does the specialist conducting the SOUT insist that there must be at least 3 accountants so that their jobs can be recognized as similar? Are two accountants fully evaluated?

Answer

Answer to the question:

To resolve the issue of the similarity of the workplace, one job title is insufficient. Many features are important: premises, equipment, location, working conditions, etc. At least 2 jobs are subject to evaluation. Even if you have only two jobs, for example, "accountant", which meet the principles of similarity, both jobs will be subject to SOUT.

For the purposes of special assessment, workplaces are recognized as similar if they simultaneously have 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 similar premises;
use of the same type of ventilation, air conditioning, heating and lighting systems;
the same location of objects (production equipment, Vehicle etc.) in the workplace;
equal provision of personal protective equipment.

Therefore, if the work of two employees in the position of an accountant differs in one of the signs, then this place cannot be recognized as similar.

When similar jobs are identified, a special assessment of working conditions is carried out in relation to 20 percent of jobs out of the total number of such jobs (but not less than two jobs) and its results apply to all similar jobs (art. 16 federal law dated December 28, 2013 N 426-FZ). Therefore, if there are 2 accountants in the organization, whose jobs are similar in all respects, both jobs are subject to evaluation. The established minimum for workplaces was determined in order to obtain an objective result of the work in the course of instrumental research.

Details in the materials of the System Personnel:

Situation: How to conduct a special assessment of working conditions.

To organize and conduct a special assessment of working conditions, the employer:

forms a special commission;
approves the schedule for conducting a special assessment of working conditions.

In general, the commission should include:

representatives of the employer, including a labor protection specialist. In addition to labor protection specialists, the commission may include managers structural divisions, personnel specialists, medical workers;
representatives of the elected body of the primary trade union organization or other representative body of employees (if any).

If the employer is assigned to, then as representatives from the employer, the commission should include:

head of an organization or individual entrepreneur personally;
other authorized representatives of the employer, including a labor protection specialist. Moreover, if the organization does not have a full-time specialist, then the commission includes a representative of the organization or an expert who performs the functions of the labor protection service for this employer under a civil law contract.

There are no restrictions on the number of commission members in the legislation, and their number must be odd. The commission is headed by the employer or his representative. The employer approves the specific composition and procedure for the commission's activities.

First of all, the commission determines the list of jobs for which a special assessment will be carried out, indicating.

When similar jobs are identified, it is sufficient to conduct a special assessment of working conditions in relation to 20 percent of, but not less than two, and then apply the results of the assessment to all identified similar jobs. For similar workplaces, one card of a special assessment of working conditions is filled out and a single list of measures to improve the conditions and labor protection of employees is developed.

If during the course of a special assessment of working conditions at least one workplace is identified that does not correspond to, from among the workplaces previously recognized as similar, then a special assessment is carried out at all workplaces previously recognized as similar.

For the transitional period from attestation to special assessment until 2018, with integrated assessment of all workplaces of the organization, it can be divided into several stages. First of all, hazardous and dangerous workplaces are subject to assessment, but assessment at workplaces that do not cause suspicion of harmfulness and danger (part 6 of article 10 and part 6 of article 27 of the Law of December 28, 2013 No. 426- FZ).

Step by step assessment

For some jobs, a special assessment can be carried out not all at once, but broken down into stages. These are the jobs:

employees whose professions, positions and specialties are not included in special lists, taking into account which an early old-age insurance pension is assigned;

on which employees, in accordance with legislative and other regulations do not provide guarantees and compensation for work with harmful or dangerous working conditions;

working conditions in which, according to the results of a previous attestation of workplaces or special assessments, were not recognized as harmful or dangerous.

This procedure is provided for by part 6 of article 10 and part 6 of article 27 of the Law of December 28, 2013 No. 426-FZ.

The phased approach involves conducting a special assessment in relation to not all jobs at once, but only a part of them. The list of such jobs is determined by the evaluation commission. At the same time, in the case of a phased special assessment, the legislation does not establish the number of stages of its implementation, as well as the number of workplaces at which it will be carried out during each stage. Therefore, the employer and the organization that conducts the special assessment have the right to decide this on their own. Such explanations are given by specialists of the Ministry of Labor of Russia in a letter dated December 8, 2014 No. 15-1 / V-1829.

Assessment procedure

A special assessment of working conditions is carried out in accordance with the Methodology set out in the order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n. It establishes the requirements for the procedures to be followed. According to Part I of the Methodology, such procedures include:

potentially harmful and dangerous production factors(part II of the Methodology approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n). The classifier of these factors is given in Appendix 2 to the order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n;
harmful and hazardous production factors (part III of the Methodology approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n);
attribution of working conditions at the workplace in terms of the degree of harmfulness and danger to working conditions based on the results of studies (part IV of the Methodology approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n);
conducting a special assessment (part V of the Methodology approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n).

For some jobs, a special evaluation procedure is applied. The list of such jobs was approved by Decree of the Government of the Russian Federation of April 14, 2014 No. 290. And the procedure for conducting a special assessment was approved by separate orders of the Ministry of Labor of Russia, depending on the specifics of jobs.

When conducting a special assessment of working conditions, the experts of the organization that conducts the assessment compare and establish the coincidence of the factors of the working environment and the labor process at the workplace with the factors of the working environment and the labor process provided for by the classifier of harmful and dangerous production factors. In the event that harmful or dangerous production factors at the workplace are identified, it makes a decision to conduct research and measure these factors.

Research and measurement of the actual values of harmful and hazardous production factors is carried out by the testing laboratory, experts and other employees of the organization that conducts the special assessment. At the same time, research methods and techniques, methods for measuring harmful and hazardous production factors, the composition of experts and other employees conducting research and measurement data, the organization conducting the special assessment determines independently.

The results of the conducted studies and measurements are documented in protocols for each of the factors subjected to studies and measurements.

According to the results of research and measurements, the expert classifies working conditions at workplaces in terms of the degree of harmfulness and danger as working conditions.

Scroll normative documents, which contain requirements for jobs, and parameters measured during a special assessment, are given in.

Hazard and danger classes

Working conditions according to the degree of harmfulness and danger are divided into four classes:

Grade 1 - optimal working conditions. It includes working conditions under which the impact on the employee of harmful and hazardous production factors is absent or the levels of exposure to which do not exceed the levels established by the standards of working conditions and accepted as safe for humans, and prerequisites are created to maintain high level employee performance;
Class 2 - permissible working conditions. These are conditions under which the employee is exposed to harmful and dangerous production factors, the levels of exposure of which do not exceed the levels established by the standards of working conditions, and the altered functional state of the employee's body is restored during regulated rest or by the beginning of the next working day (shift);
Grade 3 - harmful working conditions. This includes such working conditions under which the levels of exposure to harmful and hazardous production factors exceed the levels established by the standards of working conditions;
Class 4 - dangerous working conditions. It's about on working conditions under which the employee is exposed to harmful and dangerous production factors, the levels of exposure to which during the entire working day (shift) or part of it can endanger the life of the employee, and the consequences of these factors cause a high risk of developing an acute occupational disease during the period of work .

In turn, in the 3rd class of harmful conditions, the following subclasses are distinguished:

subclass 3.1 - harmful working conditions of the 1st degree. This includes working conditions under which the employee is exposed to harmful and dangerous production factors, after exposure to which the altered functional state of the employee's body is restored, as a rule, with a longer than before the start of the next working day (shift), the cessation of exposure to these factors and the risk increases damage to health;
subclass 3.2 - harmful working conditions of the 2nd degree. It includes working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can cause persistent functional changes in the body of the employee, leading to the emergence and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of professional ability to work). ) arising after prolonged work in such conditions: 15 years or more;
subclass 3.3 - harmful working conditions of the 3rd degree. This includes working conditions under which an employee is exposed to harmful and dangerous production factors, the levels of exposure to which can cause persistent functional changes in the employee's body, leading to the emergence and 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. It includes working conditions under which the employee is exposed to harmful and dangerous production factors, the levels of exposure to which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) during the period of employment.

The classifier of harmful and dangerous factors is given in the order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

An expert of an organization that conducts a special assessment can reduce the established class or subclass of working conditions at the workplace during its conduct if the employee applies those that have passed mandatory certification. The methodology for reducing the class of working conditions when using PPE was approved by order of the Ministry of Labor of Russia dated December 5, 2014 No. 976n.

Evaluation report

The organization that conducted the special assessment draws up a report on its conduct, which includes the following information:

cards of a special assessment of working conditions containing information about the established working conditions at specific workplaces;
protocols for conducting research and measurements of identified harmful and (or) hazardous production factors;
protocols for assessing the effectiveness of personal protective equipment;
a summary sheet of a special assessment of working conditions;
a list of measures to improve the conditions and labor protection of employees at whose workplaces the assessment was carried out;

For workplaces where harmful or hazardous production factors are not identified, the report indicates only the following information:

information about the organization that conducted the special assessment, with copies of documents confirming its compliance;
a list of workplaces at which the assessment was carried out, indicating harmful and dangerous production factors that were identified at these workplaces;
conclusions of an expert of an organization conducting a special assessment of working conditions.

The assessment report is signed by all members of the commission and approved by the chairman. Each member of the commission who does not agree with the results of the assessment has the right to state in writing a reasoned dissenting opinion, which is attached to this report.

The organization that conducted a special assessment of working conditions is obliged to transfer the results of its conduct, including in relation to jobs, the working conditions at which, to Rostrud (Article 18, paragraph 3 of Article 28 of the Law of December 28, 2013 No. 426 -FZ).

The procedure for the formation, storage and use of information contained in the Federal State Information System for recording the results of a special assessment of working conditions was approved by order of the Ministry of Labor of Russia dated November 3, 2015 No. 843n.

The organization that conducted the special assessment should include the following information about the employer in the information transmitted:

details of the employer;
details of the organization that conducted the special assessment;
information about the accreditation of the testing laboratory, including the number and validity period of the accreditation certificate;
information about the experts of the organization that conducted the special assessment, as well as those who participated in its conduct. Including last name, first name, patronymic, position and registration number of the entry in the register of experts of organizations that conduct a special assessment;
information about the measuring instruments used by the testing laboratory (center). Including the name of the measuring instrument and its number in the Federal Information Fund for Ensuring the Uniformity of Measurements, serial number, the expiration date of its verification, the date of measurements, the names of harmful and (or) dangerous production factors that were measured;
the number of jobs on which a special assessment was carried out;
distribution of jobs by;
individual number of each workplace;
profession code of employees employed at each workplace, in accordance with All-Russian classifier professions of workers, positions of employees and wage categories;
insurance number of the individual personal account of employees employed at each workplace;
the number of employees employed at each workplace;
at every workplace;
the basis for the formation of rights to an early labor pension for old age.
information about what happened and about identified employees.

This procedure is given in paragraph 6 of the Procedure approved by the order of the Ministry of Labor of Russia dated November 3, 2015 No. 843n.

The organization that conducted the special assessment must transfer information about its results to the information system for recording the results of the special assessment. This must be done within 10 working days from the date of approval. The specified information must be submitted in the form electronic document signed by a qualified electronic signature, to the official site information system accounting via the Internet.

Such rules are established in clause 11 of the Procedure approved by order of the Ministry of Labor of Russia dated November 3, 2015 No. 843n.

Ivan Shklovets, Deputy Head Federal Service for work and employment

With respect and wishes for comfortable work, Evgeny Berezhnov,

Expert Systems Personnel

Under special working conditions, 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 specialized organization already at the stage of selection of 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.

- How to understand during the SAOT that the places are similar? Do we have both an accountant and an economist working part-time at the same workplace? In fact, the accountant works until lunch, the economist - after lunch.

In this case, a special assessment of working conditions (SUT) should be carried out for two jobs, indicating the length of the working day. Similar jobs imply a single job title.

The concept of similar jobs is well spelled out in the Law on the Special Assessment of Working Conditions No. 426-FZ, namely in Article 9, paragraph 6. Similar places can be located both in one and in different rooms, however, these rooms must be equally equipped, at the workplaces they must create the same working conditions in terms of lighting, heating, air conditioning.

Work in similar jobs should be employees in the same profession, specialty. In addition, the nature of work, mode of operation, materials used and technological process workplaces should be the same.

— How are jobs calculated for SOUT? According to the staffing table, we have 1 card for 4 places: 1 p. m. and 3 similar ones. Maybe you need to actually look at who works and how, what equipment is available, where the premises are located?

When developing a list of jobs for a special assessment of working conditions, staffing always considered as the basis. However, in order to recognize jobs as similar, it is necessary to take into account the features industrial premises(production areas), lighting systems, air conditioning, ventilation, heating, equipment used, tools, fixtures, materials and raw materials, personal protective equipment.

Employees must have the same professions, positions, specialties, perform the same labor functions in the same working hours while conducting the same type of technological process.

– There are 2 ultrasound rooms in our institution, each has equipment with the same functions, but the devices have different names. Can such jobs be considered similar?

Workplaces in ultrasound rooms cannot be classified as similar, because the production equipment in these rooms is not the same.