" № 10/2016

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

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

The timing of the special assessment.

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

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

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

However, there are exceptions to the rule.

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

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

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

For your information

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

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

note

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

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

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

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

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

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

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

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

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

The employer, justifying his refusal to grant leave, indicated that, according to the special assessment card workplace the plaintiff has a 2nd class of working conditions, which, by virtue of the law, are safe, respectively additional leave she is not supposed to. In addition, the position of an employee is not included in the list of employees providing psychiatric care, who are provided with additional leave in accordance with Decree of the Government of the Russian Federation of 06.06.2013 No. 482 (hereinafter - Decree No. 482).

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

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

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

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

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

For your information

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

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

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

Working conditions in the employment contract.

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

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

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

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

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

note

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

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

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

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

"On Amendments to Certain Legislative Acts Russian Federation in connection with the adoption of the Federal Law "On the Special Assessment of Working Conditions".

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

E.A. Shapoval, lawyer, Ph.D. n.

Special assessment: simple about the complex

We deal with the nuances of conducting a special assessment, providing guarantees to employees and paying contributions based on its results

Starting this year, all organizations are required to conduct a special assessment of Part 1 Art. 28 of the Law of December 28, 2013 No. 426-FZ (hereinafter - Law No. 426-FZ). And its failure to next year fraught with fines. We will talk about some of the nuances.

Who is eligible for the special

Small businesses should also conduct a special assessment

Even if you have only 2 people working - a director and an accountant - you need to conduct a special assessment. There are no exceptions for small businesses, and no matter how many employees you have in Part 3 Art. 3 Law No. 426-FZ. Moreover, your director must personally participate in the special assessment commission. Part 3 Art. 9 of Law No. 426-FZ.

Lack of activity does not exempt from special assessment

If the company has only one director and the company does not conduct business, a special assessment should be carried out if the director has a workplace outside the home. If he performs the duties of a director at home, then it is not necessary to conduct a special assessment of Fr.

No special assessment required for remote jobs and homeworkers

If all employees of the company are remote and home workers, which is indicated in their employment contracts, then it is not necessary to conduct a special assessment. Part 1, 3 Art. 3 Law No. 426-FZ.

Safe working conditions do not exempt from special assessment

WARNING THE MANAGER

Even a new workplace similar to existing ones, You still need to conduct a special assessment.

If, according to the results of the certification, the working conditions in the organization were recognized as safe, then it was not necessary to re-certify. However, on this basis, now it is impossible to simply submit a declaration on the compliance of working conditions with regulatory requirements without conducting their special assessment and Part 1, 3 Art. 3 Law No. 426-FZ. If the conducted special assessment confirms the safety of working conditions in the workplace and within 5 years after that you will not have accidents (occupational diseases), then you can not conduct a repeated special assessment. It will be enough to submit a declaration on the compliance of working conditions with regulatory requirements. This declaration will be valid for another 5 years part 5, 7 art. 11 of Law No. 426-FZ.

Offices need to be assessed

If the company has only office jobs, a special assessment will need to be carried out Part 1, 3 Art. 3 Law No. 426-FZ. But, most likely, it will end for you at the identification stage: if the expert of the evaluating organization does not identify harmful and (or) dangerous factors at the workplace in your office, then the working conditions at the workplace are recognized by the commission as acceptable. Then the second stage of the special assessment - research (testing) and measurement of harmful and (or) dangerous factors - is not carried out part 2, part 4, art. 10 of Law No. 426-FZ.

Identification potentially harmful and hazardous production factors - this is the first stage of a special assessment of working conditions in the workplace, it is not carried out in relation to "harmful" jobs Part 6 Art. 10 of Law No. 426-FZ, namely:

• workplaces of employees, professions, positions, specialties of which are included in the List and sub. 1-18 p. 1 art. 27 of the Law of December 17, 2001 No. 173-FZ; Lists No. 1 and No. 2, approved. Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 for the early appointment of an old-age labor pension;
• workplaces, in connection with employment at which guarantees and compensations are provided for work with harmful and (or) dangerous working conditions (increase in wages by at least 4% of tariff rate(salary) established for the same work with normal conditions labor, abbreviated work time- no more than 36 hours per week, additional leave of at least 7 calendar days) articles 92 , , , 219 of the Labor Code of the Russian Federation;
• workplaces where harmful and (or) dangerous working conditions were established based on the results of an earlier certification or special assessment.

And if the special assessment ends for you at the identification stage, then it will be enough to issue it according to the approved form e Appendix No. 1 to the Order of the Ministry of Labor of 07.02.2014 No. 80n declaration of conformity of workplaces with established norms Part 1 Art. 11 of Law No. 426-FZ. Not later than 30 working days from the date of approval of the special assessment report, this declaration must be submitted to the labor inspectorate of the region at the location of the company and pp. 3-5 of Appendix No. 2 to the Order of the Ministry of Labor of 07.02.2014 No. 80n:

• <или>by mail with a description of the attachment and a return receipt;
• <или>in the shape of electronic document signed by a qualified electronic signature employer;
• <или>by filling out the declaration form on the official website of Rostrud (now the service is undergoing the final stage of testing).

Evaluate not staff units, but jobs

All equipped workplaces that are available, and not according to the staff list, are subject to special assessment. After all, the staff list indicates positions, not jobs. In addition, with a multi-shift regime, several people can work in shifts at one workplace, whose positions are indicated in the staffing table. Or, no one may work at the existing equipped workplace, since this position in the staff list is vacant at the time of the special assessment.

If there are no “pests”, you can take your time with a special assessment

If an organization that has never carried out attestation of jobs before has no "harmful" jobs, then you can not rush to conduct a special assessment. You need to complete the special assessment by the end of 2018. Part 6 Art. 27 of Law No. 426-FZ

Deadlines for special assessments

For new firms, the time frame is the same as for existing ones.

A special assessment of the jobs of newly created organizations should be carried out within six months p. 1 h. 1, h. 2 art. 17 of Law No. 426-FZ.

FROM AUTHENTIC SOURCES

Deputy Head of the Federal Service for Labor and Employment

“ Newly created organizations are required to conduct an unscheduled assessment of jobs, since all their jobs are newly organized p. 1 h. 1 art. 17 of Law No. 426-FZ. The employer is obliged to reflect all newly organized jobs in the structure of the organization, in particular in technical documentation, or in local regulations. If the workplace is put into operation by drawing up an acceptance certificate, then from the date of signing the act. In other cases, the day the workplace is put into operation should be considered the inclusion of the position in which the employee works at the newly created workplace, in staffing organizations”.

At the same time, if you plan to open a company in the near future and there will be no "harmful" jobs, then you can carry out a special assessment in stages over 5 years, that is, until the end of 2018. Part 6 Art. 27 of Law No. 426-FZ

When to conduct a special assessment if the certification expires in 2014

If the validity of the attestation, according to the results of which the working conditions were found to be acceptable, expires in 2014 and the organization does not have "harmful people" according to the Lists, a special assessment can be carried out in stages until the end of 2018. Part 6 Art. 27 of Law No. 426-FZ After all, you do not have "harmful" jobs.

Special assessment can be carried out before the expiration of the certification period

If, based on the results of certification, harmful (class 3, hazard degrees 3.1-3.4) and (or) dangerous (class 4) working conditions were established, and the organization took measures to improve working conditions, then it is not necessary to wait for the certification to expire. It is possible to conduct a special assessment earlier. Indeed, if, according to the results of the special assessment, working conditions are recognized as acceptable (grade 2), then from the date of approval of the special assessment report, you will no longer be required to provide guarantees and compensation to employees for working in harmful and dangerous working conditions, as well as pay contributions to the Pension Fund at an additional rate Part 3, 4 Art. 15 of the Law of December 28, 2013 No. 421-FZ (hereinafter - Law No. 421-FZ); Part 2 Art. 58.3 of the Law of July 24, 2009 No. 212-FZ.

How to conduct a special assessment

Certifying organizations can still conduct a special assessment

The list of accredited organizations providing services in the field of labor protection can be found: website of the Ministry of Labor→ Register of accredited organizations providing services in the field of labor protection

For a special assessment, you can contact the same organization that conducted your workplace certification.

This firm has the right to conduct a special assessment before the expiration of the certificate of its testing laboratories. If the certificate expires this year, then she can conduct a special assessment before it ends. Part 1, 2 Art. 27 of Law No. 426-FZ.

The jobs of "travelers" are evaluated in a general manner

How to conduct a special assessment of the workplaces of employees with a traveling nature of work, performing repair and installation work at the location of the customer organizations, we were told in Rostrud.

FROM AUTHENTIC SOURCES

“A special assessment of the working conditions of workers with a traveling nature of work (this should be reflected in the employment contract) is carried out in general order in accordance with the Methodology approved by the Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n. A part of such jobs may be subject to special assessment with the assignment of other jobs to similar ones.

When concluding employment contracts, in accordance with which the employee will perform work not at the location of the employer, additional conditions can be provided for in them, in particular about the workplace. Then a special assessment of working conditions will be carried out just at those jobs that are indicated in the employment contract.

Rostrud

You can save on a special assessment of similar jobs

If the commission for conducting a special assessment, determining the list of jobs, identifies similar ones, then it is not necessary to conduct a special assessment of each such place - it will be enough to check 20% of their total number (but not less than two such jobs) Part 5 Art. 9, part 1, art. 16 Law No. 426-FZ. However, if during the special assessment it turns out that at least one of these jobs does not meet the criteria of similarity, the special assessment will have to be carried out at all jobs x Part 5 Art. 16 Law No. 426-FZ.

Similar jobs- these are jobs Part 6 Art. 9 of Law No. 426-FZ:

• 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 work:

of the same profession (positions, specialties) performing 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, fixtures, materials and raw materials;

Provided with the same personal protective equipment.

Results of the special assessment

Where should the assessment results be sent?

Based on the results of the special assessment, the specialized organization draws up a report Part 1-3 Art. 15 of Law No. 426-FZ according to the approved form Appendix No. 3 to the Order of the Ministry of Labor of January 24, 2014 No. 33n. It must be signed by all members of the special assessment commission, which includes representatives of the employer and the employee in Part 2 Art. 9 of Law No. 426-FZ. You may, but are not required to, send the results of the special assessment to the labor inspectorate at your location. It makes sense to do this to make sure that the assessing organization does not enter data into the Federal State information system taking into account the results of the special assessment. She will be obliged to do this from 2016. Then the data will be entered by the labor inspectorate.

The form of a report on a special assessment of working conditions in in electronic format can be found: "Legislation" section of the ConsultantPlus system

If your company has a website, then you must place a summary of the results of the special assessment on it within 30 calendar days from the date of approval of the report and Part 6 Art. 15 of Law No. 426-FZ.

In addition, you must familiarize employees in writing with the results of the special assessment also within 30 calendar days, excluding periods of illness, business trips, vacations, vacations between shifts and p. 4 h. 2 art. 4, part 5, art. 15 of Law No. 426-FZ.

We indicate the working conditions at the workplace in the employment contract

The employment contract must specify the working conditions at the workplace. Art. 57 of the Labor Code of the Russian Federation. It's about on the class (subclass) of working conditions at the workplace based on the results of a special assessment. This condition might look like this.

3.5. The working conditions at the workplace according to the degree of harmfulness and (or) danger are acceptable working conditions (grade 2), which is confirmed by the report on the special assessment of working conditions, approved on 07/01/2014.

After the special assessment has been carried out and the report on the special assessment has been approved, such a condition must be included in the employment contract immediately upon its conclusion with new employees. If the employment contract was concluded before the special assessment, then this condition is included in the employment contract after it is carried out by an additional agreement m Art. 57 of the Labor Code of the Russian Federation;. If an employee is hired to a newly created workplace, in respect of which an unscheduled special assessment is carried out within 6 months from the date of its creation p. 1 h. 1, h. 2 art. 17 of Law No. 426-FZ, such a condition is also included in the employment contract by concluding an additional agreement after the approval of the special assessment report.

What compensations "for harmfulness" are due to employees this year

Prior to the special assessment, you must provide employees with the same guarantees and compensations as last year, if, according to the results of the certification, harmful (class 3, hazard levels 3.1-3.4) and (or) dangerous (class 4) working conditions were established

additional leave of at least 7 calendar days;

abbreviated work week no more than 36 hours.

If subsequently the special assessment confirms the previous working conditions, then guarantees and compensations will have to be provided in the same amounts as before the special assessment and Part 3 Art. 15 of Law No. 421-FZ. And only if the special assessment recognizes working conditions as acceptable, workers will not need to provide guarantees and compensation "for harmfulness" Letter of the Ministry of Labor of March 21, 2014 No. 15-1 / B-298.

If, based on the results of the special assessment, the amount of guarantees and compensations provided to the employee (salary bonus, shorter working hours, additional leave) has changed, it is necessary to conclude additional agreement To employment contract changing its provisions on working conditions and guarantees provided and compensation x

. You can stop paying contributions to the Pension Fund at an additional rate only if the same working conditions are established by a special assessment.

When you don’t have to pay contributions to the Pension Fund for an additional tariff for “bad guys”

If, according to the results of certification, harmful (class 3, hazard degrees 3.1-3.4) working conditions are established for all workplaces, but none of the positions is indicated in subpara. 1-18 p. 1 art. 27 of the Law of December 17, 2001 No. 173-FZ and in Lists No. 1 and No. 2 approved Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10, then pay contributions to the FIU at an additional tariff not over Letter of the Ministry of Labor of March 13, 2014 No. 17-3 / V-113 (p. 1). After all, your employees are not employed in jobs that give them the right to early appointment of an old-age labor pension.

If you have "harmful" jobs, then it might make sense for you to hurry up with a special assessment, without waiting for the expiration of the certification results. After all, only this will allow you to save on contributions to the Pension Fund at an additional rate, if the conditions at the workplace included in the “pension” Lists are recognized as acceptable.

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 are ambivalent about the interpretation this provision and make conflicting decisions (for example, Rulings No. 11-11968/2014 dated November 11, 2014 and No. 33-5865/15 dated February 26, 2015), 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 on 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:

• harmful factors during the course of the study were not identified;
• 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 authority federal service on labor and employment for compliance of 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 automated workplace before 01/01/2014, then the current legislation allows him not to organize and not to carry out any additional events 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);
• medical commission the fact of an occupational disease has been established;
• 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 corresponding hazard class or the validity period of the declaration of compliance of working conditions with state regulatory requirements for labor protection.

In Novokuznetsk, at the site of the exhibition "Coal of Russia and Mining", the All-Russian meeting "The state of working conditions and labor protection in coal industry. Improving the legislation on protection...

Occupational injury (labor injury) is a consequence of the action on the body of various external, hazardous production factors. More often, an occupational injury is the result of a mechanical impact during collisions, falls ...

Online Inspection of Rostrud: the need for a special assessment of working conditions at new jobs

Is it necessary to conduct a special assessment of working conditions (SAW) in relation to jobs created after the next SAW, the “validity period” of which has not expired? Experts of the Online Inspectorate of Rostrud of Russia answer the question.

- Is it necessary to conduct a special assessment of working conditions (SAW) in relation to jobs created after the next SAW, the “validity period” of which has not expired?

- The commissioning of newly organized workplaces is the basis for an unscheduled special assessment of working conditions (SUT) in relation to these new places. An unscheduled SOUT must be carried out within 6 months from the date of commissioning of new jobs.

At the same time, an unscheduled SATS should be carried out if the new jobs are not similar to those for which the SATS has already been carried out. Workplaces that are located in one or more similar industrial premises (production zones) equipped with the same (same type) ventilation, air conditioning, heating and lighting systems are recognized as similar, where 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.

For similar workplaces, the SAMS is carried out for 20% of the total number of such workplaces (but not less than two workplaces), and its results are applied to all similar workplaces. Therefore, if the new jobs are similar to those for which the SAMS has already been carried out, and the number of assessed jobs is at least 20% of their total number of “old” and new jobs, then an unscheduled SAMS is not necessary.

LEGAL BASIS

Part 1 of Article 17 of the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of working conditions" (hereinafter - Law No. 426-FZ) determines that an unscheduled special assessment of working conditions should be carried out, including in the case of entering into exploitation of newly organized jobs. An unscheduled special assessment of working conditions is carried out at the relevant workplaces within six months from the date of occurrence of the cases specified in paragraph 1 of Article 17.

According to Part 6 of Article 9 of Law No. 426-FZ, similar jobs are jobs that are 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 work in the same profession, position, specialty, perform the same labor functions in the same working hours while maintaining the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.

Part 1, Article 16 of Law No. 426-FZ determines that 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 are applied to all similar jobs. jobs.

There are a number of differences between job attestation and SUT related to the list of jobs to be checked. Certification has always been assigned to jobs using: mechanisms, Vehicle, devices, devices, hand tool etc. There are no such restrictions for SUT.

The procedure for a special assessment of working conditions (SOUT) is carried out on the basis of the organization's staffing table. The list of organizations includes all enterprises, legal entities that have at least one workplace. For individuals who hired an employee, this measure is not provided (426-FZ, art. 3). The list of jobs will be determined by the specialist of the organization that you have chosen to conduct the SOUT. But the employer can prepare for this procedure in order to optimize the workflow.

For each profession from the staffing table, an SOUT should be carried out. Many employers are wondering what could be dangerous in the working conditions of office employees and is it really necessary to carry out an SOUT for them. The answer of the experts is unequivocal - SOUT is obligatory for all categories of employees of the company. If you have never conducted a SOUT, then the law on this moment obliges to pass it only for "harmful" jobs. Jobs that must necessarily pass the SOUT include:

• Positions included in the lists for early appointment of old-age pensions
• Positions that provide guarantees and compensation for work with dangerous or harmful conditions labor

Potentially safe, including office, jobs can be assessed gradually until 2018. Legislators promise not to fine for such a minor violation. But for violation of the SOUT procedure for a “dangerous” workplace, they can be punished under the Criminal Code.

The list of jobs determined by the SOUT specialist may include similar jobs. These include employees of the same profession, performing the same labor functions, under the same working hours, using the same production equipment, having similar industrial premises with the same system of ventilation, lighting, heating, etc. In relation to such jobs, SATS is carried out for 20% of their total number (but not less than two). The results of the SUT are applicable to all similar workplaces. The system of measures to improve working conditions for similar ones is also the same. The employer has the right to review the positions in the staff list and make appropriate changes.

SOUT is not carried out for home work. When optimizing the staffing table, the employer may well take advantage of this norm. A profession that allows an employee to work at home must be properly formalized. Those. the contract with the employee must necessarily mention the condition of work - home, remote and so on.

When entering the staffing new position the employer must conduct a SATS for these jobs. The nature of such an audit will be unscheduled if the last SOUT in the organization has not expired. The audit must be carried out no later than six months from the date of commissioning of new jobs. If the new positions are similar to those already tested, then the SUT is not mandatory.

Thus, SOUT is not carried out for the following categories of workers:

• outworkers,
• remote workers,
• Employees who have labor Relations with an employer-natural person not registered as an individual entrepreneur.