The procedure for carrying out SOUT is enshrined in law and in some parts contains fairly liberal provisions. For example, according to paragraph 6 of Article 27, for some workplaces, a special assessment can be carried out in stages and must be completed by December 31, 2018. However, the courts have an ambiguous approach to the interpretation of this provision and make conflicting decisions (for example, Decrees No. 11-11968/2014 dated November 11, 2014 and No. 33-5865/15 dated February 26, 2015), and fines for failure to carry out this event can be up to 200 000 rubles.

SOUT: timing

A special assessment of working conditions must be carried out for the first time 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 workplace certification (AWC) 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 hazardous conditions in your workplace.

That is, the employee has the right to demand from the employer to provide information about the degree of risk to his health, which may be exposed to harmful or dangerous production factors (even sitting in front of a monitor screen). And if the employer does not provide him with such information, the employee has the right to receive this information contact the state supervisory authority for compliance with legislation.

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, you may face administrative suspension of the enterprise for up to 90 days.

Frequency

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

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

No harmful factors identified

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

In this case, if over the next 5 years there is no reason to conduct an unscheduled special assessment in relation to this workplace, then after this period there is no need to carry out a second assessment, the validity of the declaration is considered automatically extended.

And the law does not say in what time frame the SOUT needs to be done in the future (if it needs to be done at all).

Harmful factors identified and classified

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

Workplace certification

ARM is essentially the same as a special assessment, only with a different name. Therefore, if the employer carried out an automated work procedure before 01/01/2014, then the current legislation allows him not to organize or carry out any additional activities for the entire period of validity of the special assessment system until the date of expiration of the results of this certification, of course, unless there are grounds for conducting an unscheduled special assessment.

Timing of unscheduled SOUT

If circumstances arise for conducting 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 hazards can be reduced, and, accordingly, payments for hazards can be reduced);
• an accident occurred (except for an industrial accident caused by third parties);
• the medical commission has established the fact of an occupational disease;
• A letter was received from the trade union about the need to conduct an unscheduled special assessment.

12 months

The SOUT must be carried out within the specified time if:

• new jobs are being put into operation;
• technological processes and production equipment change, which can influence the level of exposure to harmful or dangerous 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 special assessment work, the employer is obliged to:

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

Shelf life of materials for special assessment of working conditions

Deadline for compiling a report on SOUT

It is established by 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 special assessment and control system, 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 period of SOUT materials

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

Special assessment of working conditions, or SOUT for short, is an analysis of noise, radioactive radiation, light, harmful fumes and other factors in the workplace.

A workplace is everything an employee works with: a room, a table, a chair, a computer, a lamp, a nearby window. A special assessment determines whether an employer needs to give milk to employees because it is harmful.

Working conditions are:

• dangerous;
• harmful;
• acceptable;
• optimal.

If conditions are acceptable or optimal, nothing needs to be done. In harmful or dangerous conditions, the employer increases insurance premiums for employees, and the employee can retire earlier.

An expert assesses the workplace and writes a conclusion:

The expert decided that everything was fine with the CEO’s workplace, there was no danger or harm

According to the law “On Special Assessment of Conditions,” the employer does not have the right to decide for himself what his working conditions are. Conditions are classified only by a company accredited by the Ministry of Labor.

Fines up to two hundred thousand, if there is no special assessment

Special assessment is a mandatory inspection of workplaces. The labor inspectorate monitors the special assessment; if there is no special assessment, the employer will face a fine. “The special assessment of working conditions must be completed no later than December 31, 2018” - a quote from the assessment law.

For the first time, the inspectorate warns the employer for the absence of a special assessment and asks the employer to improve. For repeated violations, the inspector has the right to prohibit the director from working as a director for up to three years, and to issue the employer the maximum fines:

• Individual entrepreneur - up to 40,000 rubles;
• companies - up to 200,000 rubles.

The inspection finds out that the company does not have a special assessment in two cases:

• during a scheduled inspection. The inspection requests the company to provide a labor assessment along with other documents or only the assessment;
• during an inspection based on employee complaints.

In my practice, there were cases: a manager wrote a complaint about a delay in wages - the inspectorate requested an employment contract and a special assessment from the employer.

If there is no special assessment, the inspection gives twenty working days to carry it out. This time is not enough, because the special assessment takes on average one and a half months. If the employer fails to do so, the inspector has the right to issue a fine as for a repeated violation.

The client contacted me when he received a suggestion from the inspectorate. To avoid a fine, I found a company that would conduct an assessment, signed an agreement with it and told the inspector about it. The inspector saw that the employer had begun to improve and did not issue a fine. My advice: if there is no assessment and the inspection has noticed this, find an appraiser and report it to the inspection. There is a chance to avoid a fine.

Special assessment is required for everyone

A special assessment is mandatory for all employers: a metallurgical plant, a contact center, a pharmacy and a men's shirt store. There is at least one employment contract - there must be a special assessment of working conditions.

The job evaluation analyzes the employees' workplace. If an employee works outside the office, an assessment is not required. In the labor code, such employees are called “homeworkers” and “remote employees.”

A common example of a remote employee is a call center operator. He speaks to clients from home, so the employer is not responsible for noisy neighbors, radiation and emissions from the plant below the window.

In order for the inspector to be convinced of remote work, I advise you to write in the employment contract that we are talking about work outside the office. Otherwise, you might think that the operator works either from home or from the office.

Special assessment - once every five years

The employer is required to conduct a special assessment once every five years, this is the standard period. There are cases when it needs to be done earlier:

• the company moved to another office - a special assessment will be required for new jobs;
• issued an order for a new workplace. Previously, there were ten people sitting in the office, now they have made more room, and another table and chair have been added to them for the new employee;
• supplied new equipment or changed production technology. Previously, employees assembled door locks by hand, but now on an assembly line;
• did not follow, and an accident occurred;
• The employee's responsibilities have changed. Previously, the inspector checked quality using reports, now he goes to the production site to check.

Until 2014, the special assessment was called “job certification”; certification was also mandatory and was valid for five years. If the employer has carried out the assessment and has not passed the five-year certification period, the special assessment may not be done.

There is a question that clients often ask: is it necessary to conduct an unscheduled special assessment if I have renamed an employee’s position. The store was staffed by sales consultants and became sales managers. If the workplace and responsibilities have not changed, a new special assessment is not needed.

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The employer spends a week on a special assessment

A special assessment of working conditions takes an average of one and a half months. The special assessment is carried out by the contractor, but the employer will be required to organize it. According to customer experience, it takes a week to organize. Here's what the employer does:

• chooses a company who will conduct the assessment and sign the contract;
• prepares an order to create a commission;
• hands over documents to appraisers. For example, employment contracts and job descriptions. You will also need a list of jobs and a special assessment schedule;
• asks employees to sign job cards- this is a description of the conditions, and then sign additional agreements to the employment contracts. In the additional agreement - exactly those cards;
• submits a declaration about a special assessment to the labor inspectorate.

The special appraiser is represented by a manager, engineers and an expert:

• the manager requests documents, for example, job descriptions, employment contracts, vacation schedules, and clarifies details - whether teenagers or pregnant women work in the company;
• an engineer comes to an office or production site, takes measurements of noise, lighting, radiation and other harmful factors;
• the expert analyzes the measurements and prepares a conclusion;
• the manager issues a report to the employer, an expert opinion, cards of working conditions of the workplace and recommendations on what can be improved.

The assessment goes unnoticed. During measurements, engineers do not distract anyone; the director does not need to give them a separate room or feed them lunch.

Appraiser - from the Rostrud register

The special assessment is carried out not by the employer himself, but by a special company. I advise you to choose according to two criteria: accreditation by Rostrud and price.

Accreditation. Only accredited companies from the Rostrud list have the right to conduct a special assessment of working conditions. There are 521 companies on the list.

It was possible to open the register of appraisers only through Google tables. The table contains company names and contacts

Companies with accreditation receive a notification on letterhead and with the seal of the ministry:

Price. Appraisers set their own prices. From experience, the price depends on the number of jobs: ten places - a thousand rubles each, one hundred places - eight hundred rubles.

The price may depend not only on the number of seats; it is influenced by factors that will be assessed, for example, noise and vibration measurements. For example, the cost of the “Expertise” appraiser.

It is not clear from the table what is included in the cost of a workplace assessment and what factors I need

It’s better not only to look at prices on the website, but to call and ask. I called Ekspertiza and found out: a special assessment of a workplace in a bakery with all measurements will cost 1,200 rubles.

On average, a special assessment for an office of twenty people costs twenty thousand rubles, for catering - thirty.

Commission for special assessment

Once the employer has found an appraiser, it is time to prepare for the appraisal. The first step is to assemble a commission, this is a legal requirement. The commission must have an odd number of participants, no less than three.

The list of commission members is not strict; anyone can be included. Usually this CEO, occupational safety specialist or personnel officer, trade union representative, if there is one.

To collect the commission, the employer prepares an order. The order does not have an official form; the only requirement is to tell the essence: who is going, why and in what composition.

The task of the commission is to collect documents for the appraiser, obtain his conclusion, analyze and transmit the results of the labor inspection. It is not necessary to gather in one room: you can help and discuss the assessment results via WhatsApp or email.

Documents for special assessment

So, the employer chose an appraiser and collected a commission. Now it’s time for the documents that will be needed for the assessment:

• order with a list of jobs;
• special assessment schedule;
• job cards and additional agreements with employees.

Templates for all documents are on the Rostrud website; you don’t need to come up with anything from scratch.

Order with a list of jobs. The purpose of the order is to determine how many jobs need to be assessed. The minimum number of places with a grade is one, there is no maximum.

• bring in person;
• send by mail with a list of attachments and notification of delivery;

Get an electronic signature

• submit through the Rostrud website.

To send a declaration via the website, you will need an electronic digital signature

Special assessment is a hassle. And it may happen that you will pass a special assessment, pay money, and no one will ever ask. But it’s the same as with all the rules: it’s better to go through and forget for five years than to one day receive an unpleasant request from the inspectorate.

The procedure for using the results of a special assessment of working conditions is regulated by the provisions of 426-FZ. The main scope of responsibilities associated with the application of the results of the SOUT falls on the employer. However, some functions are performed by the expert organization that carried out the work under the contract. In some cases, to this issue government agencies may be involved.

Responsibilities of the employer based on the results of a special assessment of working conditions

The list of responsibilities of an organization acting as a customer of work on SOUT is determined primarily by Art. 15 426-FZ. This and other articles of this regulatory act establish that upon completion of all necessary procedures the employer must:

• read the report of the organization that performed the work on the SOUT and approve it. This procedure applies not only to the main reporting documentation, but also to all annexes to it, including summary statements of the results of the special assessment and assessment process;
• within three days after approval of the results, send a corresponding notification to the contractor;
• within thirty days after approval of the report, send a notice to the employee about the results of the special assessment at his place of work or otherwise notify him about them;
• within thirty days after acceptance of the report, publish the results of the special assessment on the organization’s website for open access to all interested parties. For example, the results of carrying out the special assessment of medical assessment of doctors of the FMBA of the Russian Federation arouse the interest of the public and journalists;
• if at a given place of work, according to the results of the safety assessment, the harmfulness exceeds normal indicators - develop and implement a system of benefits and compensation for employees. The amount of additional payments for a special assessment of working conditions is regulated Labor Code and others regulatory documents. Additional payments are established for all employees who have harmful or dangerous working conditions;
• ensure storage of the results of the special assessment in accordance with Order of the Ministry of Culture No. 558. The validity period of the requirement to store such documents is 45 years.

Actions of the employer in case of disagreement with the results of the SOUT

The above algorithm is applied if the employer agrees with the conclusions indicated in the special assessment report. If there is disagreement with the results of the SOUT, you should be guided by Order of the Ministry of Labor No. 501n. According to this document, the employer must send a written statement to the Ministry of Labor describing its position. If supporting documents are available, they should be attached to the application. It will be reviewed within 45 working days from the date of its receipt and registration.

Actions of the expert organization based on the results of the SOUT

The main task of the contractor, after drawing up the report and receiving notification of its approval, is to inform government authorities about the results of the SOUT. The expert organization must forward them to the federal state system taking into account special assessment of working conditions.

If for some reason the organization has not fulfilled its obligation, the employer can do this. The main difference in this case will be where the documents should be sent. If the expert organization sends them directly to the accounting system, then the employer should provide them to the labor inspectorate. Department specialists will then redirect them to the federal system. Please note that sending the results of the special assessment to government agency is a right and not an obligation of the employer.

On January 1, 2014, the provisions of Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions” (hereinafter referred to as Law No. 426-FZ) came into force. The changes introduced by this Law are the next stage in the implementation of the Strategy for the Development of the Pension System until 2030, approved in 2012. This law is of interest to insurance premium payers who employ workers in harmful and dangerous working conditions.

Let us recall that starting from January 1, 2013, in order to ensure the pension rights of categories of pensioners entitled to early retirement, an obligation was established to pay insurance premiums at an additional rate to finance the insurance part of the labor pension for certain categories of policyholders in relation to payments and other remunerations in favor of the insured persons employed in relevant types of work with harmful and difficult working conditions.

The list of persons who are assigned a preferential old-age labor pension (i.e. before men reach the age of 60 years, and women - 55 years old) is established by Federal Law N 173-FZ "On Labor Pensions in Russian Federation"(Clause 1, Article 27) (hereinafter referred to as Law No. 173-FZ). This list provides for types of professions in which work is carried out in harmful, difficult or dangerous conditions.

In this connection, the law provides for the right to pension provision in some cases from the age of 45 for women, and from the age of 55 for men. Consequently, the period for receiving a pension for these categories may be 10 years longer than the generally established period for pensioners - “non-exempt pensioners”. However, in the pension system that was in force until 2013, the employer did not bear additional costs due to the presence of “harmful” jobs. The consequence of which was, on the one hand, the insecurity of early pensions financial sources, and on the other hand, the employer’s lack of interest in improving the working conditions of its employees.

At the same time, the previous pension legislation provided for the assignment of preferential pensions based on lists, and not on the real picture of working conditions. Thus, the pensions for “early workers” were paid at the expense of those employers whose employees retire within the generally established time frame.

From January 1, 2013, employers of persons entitled to early retirement on the grounds provided for in paragraphs. 1-18 of Federal Law N 173-FZ, are required to transfer additional insurance contributions to the Pension Fund of Russia to finance the insurance part of the labor pension at the rates established by Art. 58.3 of Federal Law N 212-FZ.

At the same time, part 4 of the above-mentioned article established that payers of insurance premiums are exempt from paying insurance premiums at additional tariffs based on the results of a special assessment of working conditions, carried out in the manner established by a separate federal law. However, such a law appeared only at the end of 2013 and came into force on January 1, 2014.

In connection with this, Federal Law No. 421-FZ dated December 28, 2013 introduced amendments to certain legislative acts of the Russian Federation, including Art. 58.3 “Additional tariffs of insurance premiums for certain categories of insurance premium payers from January 1, 2013” ​​of Federal Law No. 212-FZ of July 24, 2009 (hereinafter referred to as Law No. 212-FZ). In addition, Law No. 421-FZ contains independent provisions that determine the possibility and timing of using the results of workplace certification carried out before Law No. 426-FZ came into force.

So, the first thing you need to pay attention to is:

The procedure for applying additional tariffs for insurance premiums from January 1, 2014 is associated not only with the fact of payments in favor of individuals employed in the types of work specified in subparagraph. 1-18 p. 1 art. 27 of Law N 173-FZ), but also with the results of classification of working conditions at workplaces in the specified types of work according to the degree of harmfulness and danger.

From the history of the issue

Until January 1, 2014, the procedure for certification of workplaces for working conditions was determined by the following documents:

- Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n “On approval of the procedure for certification of workplaces according to working conditions”;

— Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569 “On approval of the procedure for certification of workplaces according to working conditions”;

— R 2.2.2006-05 "Guide to the hygienic assessment of working environment factors and labor process. Criteria and classification of working conditions (approved by Rospotrebnadzor on July 29, 2005).

Based on the degree of deviation of actual working conditions from established standards, working conditions according to the degree of harmfulness and danger were divided into 4 classes:

1st class - optimal;

2nd class - acceptable;

3rd class - harmful (at the same time harmful conditions labor were divided into 4 more degrees of harmfulness: 1st degree 3rd class (3.1), 2nd degree 3rd class (3.2), 3rd degree 3rd class (3.3), 4th degree 3- th class (3.4));

4th grade is dangerous.

Thus, for employers who carried out certification before January 1, 2014, workplaces based on the results of certification of workplaces for working conditions were assigned exactly these classes (subclasses).

According to part 5 of Art. 15 of Law N 421-FZ, the results of certification of workplaces for working conditions are valid until the end of their validity period, but no more than until December 31, 2018 inclusive.

Since 01/01/2014, a special assessment of working conditions has been carried out in relation to workplaces. The procedure for its implementation is established by Law N 426-FZ, which came into force on January 1, 2014.

Note! In accordance with the clarification of the Ministry of Labor of Russia dated 03/07/2014, the requirement of officials of state supervision bodies to employers to immediately conduct a special assessment of working conditions or certification of workplaces is unfounded.

In accordance with Federal Law N 421-FZ, amendments have been made to the Labor Code of the Russian Federation that abolish the procedure for certification of workplaces based on working conditions and introduce a procedure for special assessment of working conditions.

In accordance with Federal Law N 426-FZ, a special assessment of working conditions is carried out in accordance with the methodology for its implementation, approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission on regulation of social and labor relations.

The specified Methodology was approved by order of the Ministry of Labor of Russia dated January 24, 2014 N 33n and is on state registration at the Russian Ministry of Justice. At the same time, the results of workplace certification for working conditions are valid for 5 years from the date of its completion, but no more than until December 31, 2018 and can be used by employers for the purposes established by Federal Law N 426-FZ, with the exception of exemption from insurance payments. contributions to the Pension Fund of the Russian Federation at an additional rate.

The concept of special assessment of working conditions

Article 3 of Law N 426-FZ determines that a special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) hazardous factors the working environment and the labor process and assessing the level of their impact on the employee. Based on the results of this special assessment, classes (subclasses) of working conditions in the workplace are established.

In accordance with Law N 426-FZ, the results of a special assessment of working conditions can be used in all procedures in the field of labor protection, which are mandatory for implementation by all employers. We are talking about the development and implementation of measures aimed at improving the working conditions of workers; on providing workers with funds personal protection; on the organization of mandatory medical examinations; establishing appropriate guarantees and compensations for employees, etc. A complete list of possibilities for using the results of a special assessment of working conditions is given in Art. 7 of Law No. 426-FZ.

Among other things, the size of the discount (surcharge) to the insurance rate for compulsory social insurance against industrial accidents and occupational diseases also depends on the results of this special assessment. Based on the results of the special assessment, the size of the tariff at which additional contributions are paid to the Pension Fund of the Russian Federation is determined. In accordance with Art. 58.3 of Law N 212-FZ (as amended by Law dated December 28, 2013 N 421-FZ), depending on the class and subclass of “harmfulness”, the tariff value can range from 0 to 8 percent.

The responsibility for organizing and financing a special assessment of working conditions rests with the employer (Part 1, Article 8 of Law No. 426-FZ, Article 212 of the Labor Code of the Russian Federation).

A special assessment is not carried out in relation to the working conditions of homeworkers and remote workers, as well as workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

Law No. 426-FZ does not establish any other exceptions. This means that if the issue of the need for certification of office workplaces was controversial (letter of the Ministry of Labor of Russia dated 04/08/2013 N 15-1-859), now it has been resolved unambiguously - working conditions at such workplaces are subject to special assessment without fail .

Procedure for conducting a special assessment

In accordance with Law N 426-FZ, the main stages of special labor assessment are:

— preparation for a special assessment of working conditions;

— identification of potentially harmful and (or) dangerous production factors;

— declaration of compliance of working conditions with state regulatory requirements for labor protection;

— research (testing) and measurement of harmful and (or) hazardous production factors;

— registration of the results of a special assessment of working conditions.

Preparatory stage

A special assessment of working conditions must be carried out by the employer together with a specialized organization engaged by him on the basis of a civil law contract. The requirements for such organizations are given in Art. 19 of Law No. 426-FZ.

First of all, they must be included in the register, the procedure for the formation of which is approved by the Government of the Russian Federation. The statutory documents of the organization conducting the assessment must contain an indication that it carries out, as the main or one of the types of activities, a special assessment of working conditions.

In addition, the organization must have at least five experts who have received an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert who has a specialized education in one of the specialties - a general hygiene doctor, an occupational hygiene doctor, doctor for sanitary and hygienic laboratory research. It is also mandatory for this organization to have an accredited testing laboratory (center) as a structural unit.

The law establishes the principle of independence of organizations carrying out special assessments. In accordance with Art. 22 of Law N 426-FZ, regardless of whether an organization is listed in the register or not, it cannot conduct a special assessment of working conditions if its managers and other officials are the founders legal entities, at whose workplaces a special assessment is carried out. It is impossible to entrust a special assessment to an interdependent company, including if close relatives (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) of the founders of the organization work in management positions in it, which needs to assess working conditions.

At the preparatory stage, the employer must first of all conclude a civil contract with one or more of the mentioned special organizations. In addition, the organization must create a commission to conduct a special assessment of working conditions and approve a schedule for this event.

The number of members of this commission must be odd. The specific composition is not defined by law. If we are talking about a small business entity, then the commission includes the employer - individual entrepreneur personally, for organizations - the head of the organization, other authorized representatives of the employer, incl. labor protection specialist, trade union members, etc.

Since not only the size of the additional tariff, but also the right to an early retirement pension in old age of a particular employee depends on the results of the special assessment, it seems logical to include in such a commission a specialist in carrying out work on early retirement provision (as a rule, this is an employee of the personnel department).

The feasibility of including such a specialist is obvious, for example, when compiling a list of workplaces at which a special assessment should be carried out, indicating similar workplaces, as well as when compiling a list of harmful and (or) hazardous production factors at workplaces provided for in the lists of relevant work, with taking into account which an old-age labor pension is assigned ahead of schedule and which are subject to research (testing) and measurements.

This work requires knowledge of the legislation on early pension provision and its application to employees of the organization where a special assessment of working conditions is carried out, and according to Law N 426-FZ, these lists are compiled by an expert of the organization conducting the special assessment, who may not have such experience.

Before starting work to assess working conditions, the commission must approve the list of workplaces that are subject to assessment. In this case, it is necessary to indicate which of them are similar.

These are defined as jobs that simultaneously meet the following conditions:

- they must be located in one or more of the same type production premises(production areas);

— equipped with the same ventilation, air conditioning, heating and lighting systems;

— employees work in the same profession, position, specialty. Their work functions are the same, as well as their working hours. And when fulfilling your official duties they use the same production equipment, tools, fixtures, materials and raw materials. At the same time, they are provided with the same personal protective equipment.

If there are similar workplaces, a special assessment of working conditions is carried out only in relation to 20 percent of them (but not less than two workplaces), and its results are applied to all similar workplaces.

In this case, a single card for a special assessment of working conditions is filled out. This rule will allow the employer to save 80 percent of similar jobs on special assessments.

Identification of hazardous conditions

All harmful and (or) dangerous production factors identified during the assessment of working conditions are subject to research (testing) and measurements. Their list is formed by the commission based on state regulatory requirements for labor protection, characteristics technological process And production equipment, materials and raw materials used.

The results of previously conducted studies (tests) and measurements of harmful and (or) hazardous production factors, and suggestions coming from employees are also taken into account.

Identification of potentially harmful and (or) dangerous factors is the process of comparing the factors of the production environment and labor process identified at the workplace with the factors provided for by the classifier of harmful and dangerous factors of the production environment and labor process.

If no harmful or dangerous factors are identified at the workplace, the working conditions there are considered acceptable by the commission, and research (testing) and measurements of factors in the working environment and the labor process are not carried out.

At the same time, the employer is obliged to submit a declaration of compliance of working conditions with state regulatory labor protection requirements for such workplaces (such a declaration is valid for five years).

But if the commission identifies them as harmful or dangerous, research (tests) and measurements of the identified potentially harmful and (or) dangerous factors are ordered.

It should be noted that identification is not carried out in relation to jobs occupied by workers whose professions (positions, specialties) are included in the lists, taking into account which the early assignment of an old-age labor pension is carried out, as well as occupied by workers who, in accordance with legislative and other regulations legal acts provide guarantees and compensation for work in harmful and (or) dangerous conditions. At the same time, the commission decides to conduct research (tests) and measurements of potentially harmful and (or) dangerous factors at such workplaces.

All identified potentially harmful or dangerous factors are subject to research (testing) and measurement. The list of such factors is formed by the commission based on state regulatory requirements for labor protection, characteristics of the technological process and production equipment, raw materials and materials used, the results of previously conducted studies (tests) and measurements of factors in the working environment and the labor process, as well as based on suggestions from employees.

Research (testing) and measurements of actual values ​​of harmful or dangerous factors are carried out by a testing laboratory (center) of the organization conducting a special assessment of working conditions.

Based on the results of relevant research (tests) and measurements, each workplace is assigned a corresponding class (subclass) of working conditions according to the degree of its “harmfulness”.

Classification of working conditions

Working conditions according to the degree of harmfulness and danger are divided into four classes: optimal, acceptable, harmful and dangerous.

Optimal conditions are those in which there is no exposure to harmful or dangerous factors on the employee’s body or the levels of their exposure are minimal and the prerequisites are created for maintaining a high level of performance (class 1).

Working conditions are considered acceptable when the employee’s body is affected by harmful or dangerous factors, the indicator values ​​of which do not exceed the values ​​​​established by the standards, or functional changes in the employee’s body are restored during regulated rest or by the beginning of the next shift (2nd class).

Conditions can be considered harmful when the levels of exposure to harmful or dangerous factors exceed the values ​​​​established by standards (hygienic standards) (3rd class). As with the certification of workplaces, four subclasses of hazardous working conditions are provided (3.1-3.4).

Hazardous working conditions are working conditions characterized by the presence of harmful or dangerous factors, the levels of which are capable of creating a threat to the life of an employee during the whole or part of the working day (work shift), and the consequences of their exposure provide a high risk of developing an acute occupational disease during the period labor activity(4th grade).

Declaration of Conformity

Law N 426-FZ provides for a new procedure - declaration of compliance with working conditions, i.e. confirmation by the employer of compliance of working conditions at his workplace with state regulatory requirements for labor protection.

Thus, if harmful and (or) dangerous production factors at the workplace are not identified, the working conditions at this workplace are considered acceptable by the commission.

At the same time, no studies (tests) and measurements of harmful and (or) hazardous production factors are carried out.

In relation to such jobs in labor inspection a declaration of compliance of working conditions with state regulatory labor protection requirements is submitted. The form and procedure for submitting such a declaration will be approved by the Ministry of Labor of the Russian Federation.

This declaration is valid for five years. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

Moreover, if during the period of validity of this declaration an accident occurs with an employee employed at an “acceptable” workplace or he is diagnosed with an occupational disease, then in relation to this workplace the declaration is terminated, that is, an unscheduled special assessment of working conditions is carried out.

On the other hand, if no accidents, etc., occur to employees during the designated five years, then the validity of the declaration is automatically extended for the next five years.

Results of a special assessment of working conditions

The organization conducting the special assessment upon completion of all work draws up a report (Article 15 of Law No. 426-FZ). It contains information about the company conducting the special assessment, along with copies of documents confirming that it meets the necessary requirements.

The report provides a list of workplaces where a special assessment was carried out, indicating the harmful and (or) hazardous production factors that were identified at these workplaces. In addition, the report includes:

— cards for special assessment of working conditions, issued for specific workplaces (one card is drawn up for similar workplaces);

— protocols for conducting research (tests) and measuring identified harmful and (or) hazardous production factors;

— protocols for assessing the effectiveness of PPE;

— a commission protocol containing a decision on the impossibility of conducting research (tests) and measurements of certain “dangerous” workplaces;

— summary statement of special assessment of working conditions;

— a list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out;

— conclusions of an expert from an organization conducting a special assessment of working conditions. This report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission. The form of such a report will be approved by the Ministry of Labor and social protection.

Then the employer, within 30 calendar days from the date of approval of the report, must familiarize each employee with the report against signature. This period does not include periods of employee illness, business trips and inter-shift rest. During the same period, it is necessary to post summary data on the special assessment of working conditions ("harmful" classes (subclasses), measures to improve working conditions) on the company's official website (if it has one). Information on the results of the assessment of working conditions is subject to transfer to the Federal State information system taking into account the results of a special assessment of working conditions. The responsibility for transmitting such information rests with the organization conducting the special assessment of working conditions. She must do this within ten working days from the date of approval of the report on the results of a special assessment of working conditions.

Frequency of special assessment

By general rule A special assessment of working conditions in the workplace is carried out at least once every five years (Part 4 of Article 8 of Law No. 426-FZ).

At the same time, in Art. 17 of Law N 426-FZ provides a list of cases when this special assessment should be carried out unscheduled (for example, when commissioning newly organized workplaces; the employer receives a corresponding order from the state labor inspector; when changing the technological process, replacing production equipment that can have an impact on the level of exposure to harmful and (or) hazardous production factors on workers and in some other cases).

Payment of insurance premiums at an additional tariff based on the results of certification and special assessment

If the payer makes payments and other remuneration in favor of individuals engaged in the types of work specified in subparagraphs 1-18 of paragraph 1 of Art. 27 of Law N 173-FZ, then, starting from 2014, in connection with the results of the classification of working conditions in the workplace for these jobs, several options are possible:

Option 1

The payer did not conduct certification of workplaces and a special assessment of working conditions. In this case, the force of Part 1 of Art. 58.3 of Law N 212-FZ in relation to payments and other remuneration in favor of individuals employed in the types of work specified in subparagraph. 1 clause 1 art. 27 of Law N 173-FZ, the following additional tariffs for insurance contributions to the Pension Fund are applied (see table 1).

Table 1

In relation to payments and other remuneration in favor of individuals engaged in the types of work specified in subparagraph. 2-18 paragraph 1 art. 27 of Law N 173-FZ, by virtue of Part 2 of Article 58.3 of Law N 212-FZ, for employers, the following additional tariffs for insurance contributions to the Pension Fund are applied (see Table 2).

table 2

Option 2

The payer has valid workplace certification results for the types of work specified in subparagraph. 1-18 p. 1 art. 27 of Law N 173-FZ, according to which working conditions in these workplaces are recognized as optimal or acceptable.

In this case, by virtue of Part 4 of Art. 15 of Law N 421-FZ, until a class of working conditions is established at the specified workplaces in the manner prescribed by Law N 426-FZ, the payer calculates and pays insurance premiums at the additional tariffs established by parts 1, 2 of Art. 58.3 of Law N 212-FZ (i.e. at a tariff of 6% or 4%).

Thus, exemption from paying insurance premiums under the additional tariff is possible only based on the results of a special assessment of working conditions, but not on the basis of certification results.

Option 3

The payer has valid workplace certification results for the types of work specified in subparagraph. 1-18 p. 1 art. 27 of Law N 173-FZ, according to which working conditions in these workplaces are recognized as harmful and (or) dangerous.

In this case, by virtue of part 5 of Art. 15 of Law N 421-FZ, the payer calculates and pays insurance premiums at the additional rates established by part 2.1 of Art. 58.3 of Law N 212-FZ (see table 3).

Table 3

Option 4

The payer has the results of a special assessment of working conditions at workplaces for the types of work specified in subparagraph. 1-18 p. 1 art. 27 of Law N 173-FZ, according to which these workplaces are assigned classes of working conditions in accordance with Law N 426-FZ.

Then the payer calculates and pays insurance premiums at the additional rates established by part 2.1 of Art. 58.3 of Law N 212-FZ (see table 4).

Table 4

Class of working conditions	Subclass of working conditions	Additional insurance premium rate
Acceptable
Optimal

Pension rights during the transition period

Before establishing the class of working conditions at workplaces for the work specified in subparagraph. 1-18 p. 1 art. 27 of Law N 173-FZ, periods of such work can be included in the length of service, which gives the right to early assignment of an old-age pension only if the employer pays additional insurance contributions. “Graceful” periods that took place after January 1, 2013 in accordance with paragraph 3 of Art. 27 of Law N 173-FZ are taken into account for the assignment of early retirement in the event that the class of working conditions at the specified workplaces corresponded to the harmful and (or) dangerous class of working conditions established based on the results of a special assessment.

If such an assessment has not yet been carried out and the employer only has the results of workplace certification carried out according to previously existing rules, a transitional provision is provided: this state of affairs does not prevent the inclusion of periods of employment in the specified workplaces in the length of service giving the right to early assignment of an old-age pension subject to the calculation and payment by the policyholder of insurance premiums at the appropriate rates.

Labor legislation innovations

It is worth noting the changes that affected the content of the employment contract.

Conditions on guarantees and compensation for work with harmful and (or) dangerous working conditions have become mandatory for inclusion in an employment contract, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions in the workplace, as well as working conditions in a specific workplace . To the number additional conditions The employment contract includes an agreement on additional non-state pension provision for the employee (Article 57 of the Labor Code of the Russian Federation).

In accordance with the current version of Art. 92 of the Labor Code of the Russian Federation for workers who work in hazardous conditions of the 3rd or 4th degree or dangerous conditions, a reduced working time is established, i.e. no more than 36 hours per week.

The length of working time for a particular employee is determined by the employment contract in accordance with the industry (inter-industry) agreement and collective agreement, taking into account the results of a special assessment of working conditions. On the basis of an industry (inter-industry) agreement and a collective agreement, as well as the written consent of the employee, formalized by concluding a separate agreement with employment contract, the duration of working hours specified in paragraph. 5 hours 1 tbsp. 92 of the Labor Code of the Russian Federation, can be increased, but not more than up to 40 hours a week with the payment to the employee of a separately established monetary compensation in the manner, amounts and conditions established by industry (inter-industry) agreements and collective agreements.

In addition, for workers engaged in work with harmful and (or) dangerous working conditions, an industry (inter-industry) agreement, a collective agreement, additional agreement the employment contract may provide for an increase in the legally established maximum permissible duration daily work(shifts) subject to the maximum weekly working time for a 36-hour work week - up to 12 hours, for a 30-hour work week or less - up to 8 hours (Part 3 of Article 94 of the Labor Code of the Russian Federation).

When summarizing the working time of employees engaged in work with harmful and (or) dangerous working conditions, accounting period cannot exceed three months (Part 1 of Article 104 of the Labor Code of the Russian Federation).

New rules for additional leave

IN new edition set out in Art. 117 of the Labor Code of the Russian Federation, according to which annual additional paid leave is provided to employees whose working conditions in the workplace, based on the results of a special assessment of working conditions, are classified as harmful working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions. The minimum duration of annual additional paid leave for employees specified in Part 1 of this article is 7 calendar days.

The duration of the annual additional paid leave of a particular employee is established by the employment contract, taking into account the provisions of the industry (inter-industry) agreement, collective agreement and the results of a special assessment of working conditions. Based on an industry (inter-industry) agreement and collective agreements, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, part of the annual additional paid leave, which exceeds the minimum duration of this leave, can be replaced by separately established monetary compensation in the manner, in the amounts and on the conditions established by the industry (inter-industry ) agreement and collective agreements.

Conclusion

Procedures for studying working conditions in workplaces with harmful or dangerous working conditions are currently combined and unified: the employer conducts a study of the workplace of its employees once, and the results this study can be used for the purpose of paying insurance premiums to the Pension Fund, and for the purpose of providing other guarantees and compensation to employees.

A special assessment of working conditions is universal tool transition from the “list” approach to the provision of guarantees and compensation to an approach that, for these purposes, takes into account exclusively the actual impact on the employee’s body of harmful or dangerous factors in the working environment and the labor process.

This approach will make it possible to resolve the issue of the right to preferential pension provision as objectively as possible, as well as the need to compensate for harmful (dangerous) working conditions for a specific employee at a specific workplace. At the same time, it is precisely this approach that is intended to economically motivate employers to invest in improving conditions and labor protection, including in order to optimize their further costs. Since the implementation of the concept of special assessment provides employers with the opportunity, through organizational and technical measures aimed at improving working conditions in the workplace, to change the amount of insurance premiums, and in certain cases, to be exempt from paying them.

16.03.2020 10:52:00

For any organization, a special assessment of working conditions is a mandatory event, which is carried out jointly by the employer and a specialized organization authorized by the state, attracted by the employer on the basis of a civil contract. All employer’s workplaces are subject to a special assessment of working conditions, except for those of homeworkers, remote workers and employees who have entered into labor relations with individuals who are not individual entrepreneurs.

Special assessment of working conditions (Further - SOUT) is a unified set of consistently implemented measures to identify harmful and (or) dangerous factors in the production environment and the labor process and assess the level of their impact on the employee, taking into account the deviation of their actual values ​​from the standards (hygienic standards) established by the federal executive body authorized by the Government of the Russian Federation. working conditions and the use of individual and collective protective equipment for workers (Part 1, Article 3 of the Federal Law “On Special Assessment of Working Conditions” dated December 28, 2013 No. 426-FZ; Further- Law No. 426-FZ).

According to Part 3 of Article 8 of Law No. 426-FZ, a special assessment of working conditions carried out in accordance with the methodology for its implementation , which is approved by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Ministry of Labor and Social Protection of the Russian Federation by order of January 24, 2014 No. 33n ( Further- Order No. 33n) approved the Methodology for conducting a special assessment of working conditions ( Further - Methodology for carrying out SOUT).

A special assessment of working conditions is carried out at least once every five years , unless otherwise established by Law No. 426. The specified period is calculated from the date of approval of the report on the implementation of special assessment and assessment. Article 17 of Law No. 426 provides for cases carrying out an unscheduled SOUT , in particular:

• commissioning of newly organized workplaces;
• changes in the technological process, replacement of production equipment that can influence the level of exposure to harmful and (or) hazardous production factors on workers;
• changes in the composition of materials and (or) raw materials used that can influence the level of exposure to harmful and (or) hazardous production factors on workers;
• an industrial accident that occurred at the workplace (with the exception of an industrial accident that occurred due to the fault of third parties) or an identified occupational disease, the causes of which were the employee’s exposure to harmful and (or) dangerous industrial conditions factors.

​

Unscheduled SOUT is carried out at the relevant workplaces within six months from the date of occurrence of these cases. Regulation of SOUT carried out by the Labor Code of the Russian Federation ( Further - Labor Code of the Russian Federation), Law No. 426-FZ, others federal laws and other regulatory legal acts of the Russian Federation (Article 2 of Law No. 426-FZ). The legislative acts of the Russian Federation contain requirements for workplaces and indicators of harmful and (or) dangerous factors in the working environment and the labor process ( Further - harmful and (or) hazardous production factors),
measured during the implementation of special assessments, as well as guarantees and compensation for workers engaged in work with harmful and (or) dangerous working conditions (table).

• organization of SOUT;

ORGANIZATION OF A SPECIAL ASSESSMENT OF WORKING CONDITIONS

that provides services in this area and meets the requirements of Article 19 of Law No. 426-FZ.

The statutory documents of the organization conducting the special assessment must indicate that at least five experts , working under an employment contract and having an expert certificate for the right to perform work according to SOUT. In addition, the organization conducting the SOUT as a structural unit must have , which is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and the scope of accreditation of which is conducting research (tests) and measurements of harmful and (or) hazardous factors in the working environment and the labor process.

The procedure for carrying out SOUT is established by Law No. 426-FZ and includes several stages:

• organization of SOUT;
• preparation for carrying out SOUT;
• identification of potentially harmful and (or) dangerous production factors;
• research and measurement of harmful and (or) hazardous production factors;
• research (testing) and measurement of harmful and (or) dangerous factors in the working environment and the labor process when carrying out special environmental conditions;
• registration of the results of the SOUT;
• declaration of compliance of working conditions with state regulatory requirements for labor protection.

Responsibilities for organizing and financing the implementation of SOUT are assigned to the employer. SOUT is carried out jointly between the employer and a specialized organization that provides services in this area and meets the requirements of Article 19 of Law No. 426-FZ. The statutory documents of the organization conducting the special assessment must indicate that the main type of its activity (one of its activities) is the implementation of special technical assessments . This organization must have at least five experts , working under an employment contract and having an expert certificate for the right to perform work according to SOUT.

In addition, the organization conducting the special assessment system must have, as a structural unit, testing laboratory (center) , which is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and the scope of accreditation of which is conducting research (tests) and measurements of harmful and (or) hazardous factors in the working environment and the labor process.

COMPOSITION AND OPERATION OF THE COMMISSION (LIST OF ACTIVITIES
NECESSARY MEASURES) ARE APPROVED BY ORDER (DIRECTION) OF THE EMPLOYER. THE SAME ORDER APPROVES THE SCHEDULE OF SOUTH CONDUCT.

The employer enters into a contract with such an organization that conducts special labor conditions, civil contract .

PREPARATION FOR A SPECIAL ASSESSMENT OF WORKING CONDITIONS. FORMATION OF THE COMMISSION

Employer by order (instruction) forms a commission to conduct a special assessment of working conditions ( Further - commission). The number of commission members must be odd. 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 workers (if any). The commission is headed by the employer (his representative).

When conducting SOUTH at an employer, classified in accordance with the legislation of the Russian Federation as small businesses , the commission includes the employer - individual entrepreneur(personally), the head of the organization, other authorized representatives of the employer, including an occupational safety specialist or a representative of the organization or specialist engaged by the employer under a civil contract to carry out the functions of the occupational safety service (occupational safety specialist), representatives of the elected body of the primary trade union organization or other representative body of workers (if any).

DETERMINING THE LIST OF WORKPLACES AT WHICH A SPECIAL ASSESSMENT OF WORKING CONDITIONS WILL BE CONDUCTED

Before the start of work on carrying out SOUT the commission approves the list of jobs , where special labor and safety assessment will be carried out (indicating similar workplaces), as well as dangerous and (or) harmful working conditions.

Similar jobs workplaces are recognized that are located in one or more of the same type of production premises (production areas), equipped with the same (same type) air conditioning, ventilation, lighting and heating systems, in which workers work in the same specialty, profession, position, carry out the same labor functions in the same working hours when conducting 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.

Carrying out SOUT at similar workplaces has its own characteristics. When identifying similar places The SOUT is carried out in relation to only 20% of workplaces from the total number of such workplaces (but not less than two workplaces) and its results are applied to all similar workplaces.

IDENTIFICATION OF POTENTIALLY HARMFUL AND (OR) DANGEROUS OCCUPATIONAL FACTORS

Under identification of potentially harmful and (or) dangerous production factors means the comparison and establishment of a coincidence of the factors of the production environment and the labor process available in the workplace with the factors of the production environment and the labor process provided for by the Classifier of harmful and (or) dangerous production factors approved by Order of the Ministry of Labor No. 33n.

The procedure for identifying potentially harmful and (or) dangerous production factors is established by the Methodology for Conducting Special Assessment and Assessment Procedures. According to Section II of the Methodology for Conducting SOUT, identification of potentially harmful and (or) hazardous production factors ( Further - identification) includes the following steps:

• identification and description of the factors of the working environment and the labor process available in the workplace, sources of harmful and (or) dangerous factors;
• comparison and establishment of coincidence of the factors of the production environment and the labor process available in the workplace with the factors of the production environment and the labor process provided for by the Classifier of harmful and (or)hazardous production factors;
• making decisions on conducting research (tests) and measuring harmful and (or) dangerous factors;
• registration of identification results.

Identification of potentially harmful and (or) dangerous production factors in the workplace is carried out expert of the organization conducting SOUT . The identification results are approved by the commission.

ANDCCRESEARCH AND MEASUREMENT OF HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS

As part of the special environmental assessment, all identified harmful and (or) dangerous factors in the working environment are subject to research (testing) and measurements. The list of detected harmful and (or) dangerous production factors that are subject to research (testing) is compiled by the commission based on:

• state regulatory requirements for labor protection;
• characteristics of the technological process and production equipment;
• characteristics of the raw materials used;
• results of previous studies and measurements
• harmful and (or) hazardous production factors;
• employee proposals.

Research (testing) and measurements of actual values ​​of harmful and (or) hazardous production factors are carried out by a testing laboratory (center), experts and other employees of the organization conducting the SOUT. Research methods and techniques and methods for measuring harmful and (or) hazardous production factors, the composition of experts are determined independently by the organization conducting the special assessment. An expert of the organization conducting special environmental conditions, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors determines classes (subclasses) of working conditions in workplaces according to the degree of harmfulness and (or) danger .

WHEN CONDUCTING RESEARCH (TESTS) AND MEASUREMENTS OF HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS, APPROVED AND CERTIFIED IN THE PROCEDURE ESTABLISHED BY THE LEGISLATION OF THE RUSSIAN FEDERATION ON ENSURING UNITY MEASUREMENTS, RESEARCH (TESTING) METHODS AND METHODS (METHODS) OF MEASUREMENT AND THE CORRESPONDING MEASUREMENT INSTRUMENTS, PASSED VERIFICATION AND ENTERED INTO THE FEDERAL INFORMATION FUND FOR ENSURING UNITY OF MEASUREMENTS (Part 4, Article 12 of Law No. 426).

Article 14 of Law No. 426-FZ:

"2.Optimal working conditions (1st class) are working conditions in which there is no exposure to harmful and (or) hazardous production factors on the employee or the levels of exposure of which do not exceed the levels established by standards (hygienic standards) of working conditions and accepted as safe for humans, and the prerequisites are created for maintaining a high level of performance employee.

3. Acceptable working conditions (class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which do not exceed the levels established by the standards (hygienic 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 work day (shift).

4. Harmful working conditions (grade 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:

1) subclass 3.1 (harmful working conditions 1st degree)- working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after exposure to which the altered functional state of the employee’s body is restored, as a rule, with a longer cessation of exposure to these factors than before the start of the next working day (shift), and the risk of health damage increases;

2) subclass 3.2 (harmful working conditions 2nd degree)- working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which can cause persistent functional changes in the employee’s body, 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 exposure (fifteen years or more);

3) subclass 3.3 (harmful working conditions 3rd degree)- working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which can cause persistent functional changes in the employee’s body, leading to the appearance and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period labor activity;

4) subclass 3.4 (harmful working conditions 4 degrees)- working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of 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 work.

5. Hazardous working conditions (class 4) are working conditions in which an employee is exposed to harmful and (or) hazardous production factors, the levels of exposure to which during the entire working day (shift) or part of it can create a threat to the life of the employee, and the consequences of exposure to these factors cause a high risk of developing an acute occupational disease during the period of working activity.”

A PROTOCOL CONTAINING THE JUSTIFICATION FOR THE DECISION ON THE IMPOSSIBILITY OF CONDUCTING RESEARCH (TESTS) AND MEASUREMENTS OF HARMFUL AND (OR) HAZARDOUS PRODUCTION FACTORS IS AN INTEGRAL PART OF THE SPECIAL ASSESSMENT REPORT
WORKING CONDITIONS.

The commission has the right to make a decision on the impossibility of conducting research (testing) and measuring harmful and (or) hazardous production factors in the event that carrying out the specified studies (tests) and measurements at workplaces may threaten the life or health of workers, experts or other persons conducting special environmental assessments . In this case, working conditions at workplaces refer to dangerous class of working conditions without carrying out appropriate research and measurements. The commission issues a decision on the impossibility of conducting research and measurements protocol containing the rationale for making such a decision.

The employer is required to send a copy of the protocol to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing norms labor law, at its location within 10 working days from the date of the decision.

RESEARCH (TESTING) AND MEASUREMENT OF HARMFUL AND (OR) DANGEROUS FACTORS OF THE WORKING ENVIRONMENT AND LABOR PROCESS WHEN CONDUCTING A SPECIAL ASSESSMENT OF WORKING CONDITIONS

As part of the SAW, the following harmful and (or) dangerous factors in the working environment are subject to research (testing) and measurement:

In addition, when carrying out SOUT, the following harmful and (or) dangerous factors of the labor process are subject to measurement:

• the severity of the labor process (indicators of physical load on the musculoskeletal system and on the functional systems of the worker’s body);
• labor intensity (indicators of sensory load on the central nervous system and the employee's senses).

By certain species jobs, professions, positions and specialties by the Ministry of Labor and Social Protection of the Russian Federation together with others executive bodies authorities and organizations an additional list of harmful and (or) dangerous factors in the working environment and the labor process may be established, which are subject to research and measurement during the implementation of special environmental conditions . Based on the test results, working conditions at workplaces are divided into four classes according to the degree of harmfulness and (or) danger: optimal, acceptable, harmful and dangerous.

REGISTERING THE RESULTS OF A SPECIAL ASSESSMENT OF WORKING CONDITIONS

The organization conducting the SOUT is report on its implementation based on the results of the work done. The report form for a special assessment of working conditions and the Instructions for filling out the report form for a special assessment of working conditions were approved by Order No. 33n.

The report includes the following results of the SOUT:

• information about the organization conducting a special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of Law No. 426-FZ;
• a list of workplaces where the special labor safety assessment was carried out, indicating the harmful and (or) hazardous production factors that were identified at these workplaces;
• SOUT maps containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting the SOUT;
• protocols for conducting research (tests) and measuring identified harmful and (or) hazardous production factors;
• protocols for assessing the effectiveness of personal protective equipment;
• protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements (if such a decision exists);
• summary statement of the results of the special assessment;
• a list of recommended measures to improve working conditions;
• conclusion of an expert from the organization conducting the special assessment.

Protocol for research and measurement of identified harmful and (or) hazardous production factors is issued in relation to each investigated and identified harmful and (or) dangerous factor. The report is signed by all members of the commission and approved by the chairman of the commission. If a member of the commission does not agree with the results of the SOUT, he has the right to state his reasoned special opinion V writing, attaching it to the report.

THE RESPONSIBILITY TO TRANSFER THE RESULTS OF THE SAS IS ASSIGNED WITH THE ORGANIZATION CONDUCTING THE SPECIAL ASSESSMENT OF WORKING CONDITIONS (Part 1, Article 18 of Law No. 426-FZ).

The employer organizes familiarization of employees with the results of the implementation of special labor safety measures at their workplaces against signature no later than 30 calendar days from the date of approval of the report on its implementation. The specified period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, or periods of rest between shifts.

The results of conducting special labor safety measures, including in relation to workplaces, the working conditions at which are recognized as acceptable and are declared as complying with state regulatory requirements for labor protection, are subject to transfer to Federal state information system for recording the results of a special assessment of working conditions (Part 1 of Article 18 of Law No. 426-FZ). The organization conducting the special work assessment, within ten working days from the date of approval of the report on its implementation, transfers the relevant information regarding the employer, workplace and the organization that carried out the special work assessment to the specified accounting information system. Information is transmitted in the form electronic document, signed with a qualified electronic signature.

DECLARATION OF CONFORMITY OF WORKING CONDITIONS WITH STATE REGULATIVE LABOR SAFETY REQUIREMENTS

In relation to workplaces where No harmful and (or) hazardous production factors were identified based on identification results , the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms at its location Declaration of compliance of working conditions with state regulatory labor protection requirements (Article 11 of Law No. 426-FZ). The declaration and information about it are entered into the register of declarations of compliance of working conditions with state regulatory requirements for labor protection. The form for the declaration of compliance of working conditions with state regulatory requirements for labor protection and the procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection were approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated February 7, 2014 No. 80n. Declaration valid for five years from the date of approval of the report on the implementation of special assessment and assessment.

LITERARY