The composition of the commission for a special assessment of working conditions. Commission for the special assessment of working conditions

According to the meaning of 426-FZ, the company does not have the right to independently conduct SOUT. To carry out this work, it must attract specialized organization, which has state accreditation in this area. However, this does not mean that his duties in relation to the special assessment are only in signing the contract for the performance of work and accepting the report. As part of this procedure, he will need to form a commission on the SUT.

Tasks of the commission for a special assessment of working conditions

One of the key tasks in the course of the work of the commission for a special assessment of working conditions is the formation of a list of employee places where the SOUT procedure should be implemented. Such a legislative requirement is due to the fact that it is the employees of the organization who have the most definite idea of ​​​​the structure of their company.

In addition, for the same reasons, the functions of the members of the commission for the SUT include the definition of a list of similar positions. The need to compile it is due to the fact that 426-FZ allows the company to reduce the volume of SOUT for these positions. In particular, it is enough to implement this procedure for 20% of them, thereby significantly reducing the time and financial costs of its implementation. The results of the special assessment can be extrapolated to similar places in all aspects. In particular, such extrapolation includes the implementation of measures to reduce the potential danger of the work process for employees.

Membership of the examination group for conducting SOUT

426-FZ imposes special requirements on the composition of the commission. According to Article 9 of this normative document, it is necessary to ensure that it fulfills the following conditions regarding who is included in the composition:

• the participants of the body are representatives of the company where the SOUT is implemented;
• to the body in without fail a specialist in the field of labor protection who has undergone appropriate training must enter;
• if the company has a trade union organization, its members must be part of this body;
• the number of organ members should be made odd.

The work of the members of the SOUT commission is carried out under the guidance of the head of this body. The role is played by the employer. If we are talking on the conduct of the SOUT procedure in a company created by an individual entrepreneur, it is he who heads the commission.

Formation

All these conditions, as well as the procedure for creating a commission and its work, are fixed in the regulation. It should also indicate the terms of work of this body, the tasks facing it, and other issues regulating the procedure for its participation in the implementation of the SOUT procedure. This document is then, in turn, approved by the commission order signed by the employer.

Job

It is advisable to record the results of all work in the form of protocols of the SOUT commission. However, it should be borne in mind that a sample of such a document is not approved by law. This is due to the fact that mandatory requirement on the execution of the minutes of the meeting, created by the employer, is also absent in 426-FZ.

Nevertheless, the specialists of expert organizations conducting a special assessment themselves, as a rule, recommend using this or a similar form. This provides an unambiguous understanding of the results of the work of the commission for conducting special evaluation working conditions for employees of an accredited company. In addition, these results can be used as a documentary basis to confirm the position of one of the parties in case of disputes.

1. In order to organize and conduct a special assessment of working conditions, the employer forms a commission for conducting a special assessment of working conditions (hereinafter referred to as the commission), the number of members of which must be odd, and the schedule for conducting a special assessment of working conditions is also approved.

2. The commission includes representatives of the employer, including a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of employees (if any). The composition and procedure for the activities of the commission are approved by the order (instruction) of the employer in accordance with the requirements of this federal law.

3. When carrying out at the employer, classified in accordance with the law Russian Federation to small businesses, a special assessment of working conditions, the commission includes the employer - individual entrepreneur(in person), the head of the organization, other authorized representatives of the employer, including a labor protection specialist or a representative of an organization or a specialist engaged by the employer under a civil law contract to perform the functions of a labor protection service (labor protection specialist), representatives of the elected body of the primary trade union organization or other representative body of employees (if any).

4. The commission is headed by the employer or his representative.

5. Prior to the commencement of work on the special assessment of working conditions, the commission approves the list of jobs where a special assessment of working conditions will be carried out, indicating similar jobs.

6. For the purposes of this Federal Law, similar jobs are jobs that are located in one or more similar industrial premises(production areas) equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, 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 technological process using the same production equipment, tools, fixtures, materials and raw materials and are provided with the same means personal protection.

ConsultantPlus: note.

At the workplaces specified in Part 7 of Art. 9, a special assessment of working conditions is carried out in general order until the establishment authorized body features of such a special assessment (Federal Law of December 28, 2013 N 426-FZ).

7. With regard to jobs in organizations that carry out certain types activity, as well as if the performance of work on the conduct of a special assessment of working conditions creates or may create a threat to the life or health of an employee, members of the commission, other persons, a special assessment of working conditions is carried out taking into account the specifics established by the federal executive body exercising functions for development and implementation public policy and legal regulation in the sphere of labor, in agreement with the federal executive body responsible for the development of state policy and legal regulation in the relevant field of activity, State Corporation By atomic energy"Rosatom", the State Corporation for Space Activities "Roskosmos" and taking into account the opinion of the Russian tripartite regulatory commission social and labor relations. The list of jobs in organizations engaged in certain types of activities in respect of which a special assessment of working conditions is carried out taking into account the features established by the federal executive body authorized by the Government of the Russian Federation (including, if necessary, assessing the injury risk of jobs), is approved by the Government of the Russian Federation, taking into account the opinion Russian tripartite commission for the regulation of social and labor relations.

(see text in previous edition)

SOUT is a special assessment of working conditions, which is carried out by an independent licensed organization. Of course, the main functions of the special inspection are carried out by the inspection organization, but the employer forms his own commission before the SUT.

Why do you need a commission for conducting SOUT?

The main functions of this commission are observational and organizational activities during the assessment of working conditions, but this commission also performs a number of other duties, for example: preparation of all documentation related to labor protection, as well as drawing up and approving a schedule of inspections, preparing and providing a list of items jobs (respectively, the All-Russian classifier of professions and positions). One of the sub-functions of the commission is the preparation of compensation documentation for workers with harmful or dangerous working conditions. The Commission is obliged, in accordance with the results of the examination of the SUT, to develop an action plan to improve working conditions.

The commission includes an odd number of participants, represented by representatives from the entrepreneur:

• chairman - high-ranking officer firms;
• labor protection specialist;
• workers' body representatives

To conserve resources, many small companies do not bring in labor protection specialists and do not organize a trade union team. It should be that the main responsibilities of the commission for the SOUT are assumed by the entrepreneur. It is possible that these functions are performed by special organization which must be accredited and civil contract with the enterprise - outsourcing. For large enterprises, this is a great way to save on labor protection, since it is much more profitable to hire a specialist once than to pay wages regularly.

SOUT admits only the managing staff of the company to the commission. Since he is aware of the legal intricacies of the enterprise and is able to be responsible for the legal purity of the examination and calculation of preferential payments. Also, the involvement of full-time medical workers, if any, is welcomed at the enterprise.

The process of selecting the composition of the commission begins with holding a meeting and drawing up a labor protocol on the appointment of members of the commission. The selection process for the commission ends with an internal order of the entrepreneur. Which should reflect the essence of the document, data on those responsible and the timing of implementation.

Composition of the commission for conducting a special assessment of working conditions

Appendix 8

The procedure for the activities of the commission for conducting a special assessment of working conditions

1. This Procedure regulates the activities of the commission for conducting a special assessment of working conditions in the Municipal Autonomous Preschool educational institution « Kindergarten" With. Levocha (hereinafter, respectively, the commission, institution).

2. The Commission performs the following functions:

1) prepare and approve a list of workplaces where a special assessment of working conditions will be carried out, indicating similar workplaces;

2) selects an organization that meets the requirements of Article 19 of the Federal Law "On Special Assessment of Working Conditions";

3) prepares a draft civil law contract specified in part 2 of article 8 of the Federal Law "On a special assessment of working conditions" for signing;

4) submit to the head of the institution a draft schedule for conducting a special assessment of working conditions for approval;

5) provides access for experts of the organization conducting a special assessment of working conditions to workplaces;

6) approves the results of identification of potentially harmful and (or) dangerous production factors carried out by an expert of an organization conducting a special assessment of working conditions;

7) in the event that harmful and (or) dangerous production factors at the workplace are not identified, recognizes the working conditions at this workplace as acceptable;

8) in the event that harmful and (or) hazardous production factors at the workplace are identified, decides to conduct research (tests) and measurements of these harmful and (or) hazardous production factors in the manner established by Article 12 of the Federal Law "On Special Assessment working conditions”;

9) forms a list of harmful and (or) hazardous production factors subject to research (testing) and measurement;

10) considers a report on a special assessment of working conditions, which is then signed by all members of the commission and approved by the chairman of the commission;

3. The date, time and place of the regular meeting of the commission are determined by the chairman (deputy chairman). By his decision, interested persons may be present at the meeting of the commission.

4. The secretary of the commission in advance, but no later than three working days before the day of the commission meeting, informs the commission members in writing about the date, time and place of the commission meeting.

5. The meeting of the commission is held by the chairman of the commission, and in his absence - by the deputy chairman of the commission.

6. Decisions of the commission are made in the manner prescribed by Article 181.2. Civil Code Russian Federation. These decisions are taken by open vote, unless otherwise provided by law.

7. A member of the commission who does not agree with the results of the special assessment of working conditions has the right to state in writing a reasoned dissenting opinion, which is attached to the report on the special assessment of working conditions.