Conclusion on a special assessment of working conditions. What is important for an accountant to know about a special assessment of jobs? Features of conducting a special assessment of working conditions

On its implementation, which includes the following results of a special assessment of working conditions:

1) 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 this Federal Law;

2) a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;

3) cards of a special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by an expert of an organization conducting a special assessment of working conditions;

4) protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;

5) a protocol for assessing the effectiveness of personal protective equipment used by workers employed in workplaces with harmful working conditions that have passed mandatory certification in the manner established by the technical regulations, carried out in order to reduce the class (subclass) of working conditions (in the event of such an assessment);

6) the protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements on the grounds specified in Part 9 of Article 12 of this Federal Law (if such a decision exists);

7) a summary sheet of a special assessment of working conditions;

8) a list of measures to improve the conditions and labor protection of employees at whose workplaces a special assessment of working conditions was carried out;

9) conclusions of an expert of an organization conducting a special assessment of working conditions;

10) comments and objections of the employee regarding the results of a special assessment of working conditions carried out at his workplace, submitted in writing in accordance with paragraph 4 of part 1 of Article 5 of this Federal Law (if any).

1.1. The report on the special assessment of working conditions must contain the identification number specified in Part 6 of Article 8 of this Federal Law.

2. The report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission no later than thirty calendar days from the date of its sending to the employer by the organization conducting the special assessment of working conditions. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to state in writing a reasoned dissenting opinion, which is attached to this report.

(see text in previous edition)

3. The form of a report on the conduct of a special assessment of working conditions and instructions for filling it out are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor.

(see text in previous edition)

5. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions. The specified period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.

5.1. The employer, within three working days from the date of approval of the report on the special assessment of working conditions, is obliged to notify the organization that conducted the special assessment of working conditions about this by any available means that makes it possible to confirm the fact of such a notification, and also send a copy of the approved report on the conduct a special assessment of working conditions by registered mail with a return receipt or in the form of an electronic document signed with an enhanced qualified electronic signature. If the report on the special assessment of working conditions contains information constituting a state or other secret protected by law, a copy of the said report is sent subject to the requirements of the legislation of the Russian Federation on state and other secrets protected by law.

(see text in previous edition)

6. The employer, taking into account the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law, organizes the placement on its official website in the Internet information and telecommunication network (if such a website exists) of summary data on the results of a special assessment of working conditions in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than within thirty calendar days from the date of approval of the report on conducting a special assessment of working conditions.

Who should conduct a special assessment of working conditions, within what time frame, what responsibility is provided for failure to conduct or for violating the procedure for conducting a special assessment. We will consider these and other questions in this article.

One of the main obligations of the employer is to provide its employees with safe working conditions at the workplace (Article 212 of the Labor Code of the Russian Federation). Conducting a special assessment of working conditions in the workplace is one of the activities that the employer takes to fulfill this obligation.

On January 1, 2014, Federal Law No. 426-FZ of December 26, 2013 “On the Special Assessment of Working Conditions” (hereinafter referred to as the Law) came into force, which introduced a new procedure - a special assessment of working conditions (SUT). She replaced the certification of jobs.

SOUT is aimed at identifying harmful and dangerous factors in the working environment, assessing the level of their impact on the employee (part 1 of article 3 of the Law).

Based on the results of a special assessment of labor, the employer:

defines classes (subclasses) of working conditions;
provides employees with personal and collective protection equipment;
establishes for employees the guarantees and compensations provided for by law;
organizes preliminary and periodic medical examinations;
establishes an additional rate of contributions to the PFR;
calculates the discount (surcharge) to the insurance rate of contributions for injuries;
prepares statistical reports on working conditions.

SOUT is required, but not for everyone

Each employer must conduct a special assessment, regardless of the form of ownership.

The following categories of employees are excluded:

homeworkers;
remote workers;
employees who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

The employer must organize and pay for a special assessment (part 1, article 8 of the Law). At the same time, the assessment is carried out by him together with a specialized organization involved on the basis of a civil law contract (part 2 of article 8 of the Law).

In order to understand when it is necessary to conduct a planned special assessment, let's turn to the scheme:

Deadlines for the scheduled special assessment of jobs created before 01/01/2014

A special assessment is carried out at least once every 5 years. The term is calculated from the date of approval of the report on its implementation (part 4 of article 8 of the Law). However, if the conducted special assessment confirms the optimal or acceptable conditions at the workplace, and within 5 years from the date of approval of the report, no occupational diseases are detected in the organization and no accident occurs, the results of such a special assessment are automatically extended for the next 5 years. But in case of detection of harmful/dangerous working conditions, these workplaces are subject to a scheduled special assessment every 5 years.

Situation: Potentially harmful working conditions

For potentially harmful/dangerous working conditions, the Law does not clearly stipulate the period for conducting a scheduled special assessment. Nevertheless, for these categories of jobs, an assessment of working conditions should be carried out as soon as possible. (end of box)

Estimation out of plan

In some cases, the employer needs to conduct a special assessment unscheduled, that is, earlier than after 5 years (part 1 of article 17):

when introducing a new workplace;
if there is an order from the GIT to conduct a special assessment;
when changing the technological process at the workplace, when replacing production equipment, the composition of the materials used, raw materials, etc.;
if an accident occurs at the workplace (not through the fault of third parties);
if an occupational disease is detected;
if there is a motivated proposal from the elected body of the primary trade union organization to conduct an unscheduled SOUT.

The period for conducting an unscheduled special assessment is 6 months. Moreover, if the organization began its activities after January 1, 2014, all jobs are considered newly created and are subject to special assessment within 6 months.

SOUT Commission

The conduct of the SAUT begins with the convening of a commission with an odd number of members. It is initiated by the order of the head of the organization. The commission includes a labor protection specialist or a specialist engaged by the employer under a civil law contract to perform the functions of the labor protection service (labor protection specialist), as well as a representative of the trade union, if any. In the same order, the head must indicate who will head the commission - he himself or a person appointed by him.

Important: Similar jobs

The commission approves the list of jobs subject to special assessment and indicates which of them are similar (parts 5-7 of article 9 of the Law). It should be noted that the SATS is carried out only in relation to 20% of similar jobs (but not less than two jobs), and its results apply to all similar jobs (Part 1, Article 16 of the Law). According to Art. 9 of the Law, such are jobs that simultaneously meet the following conditions:

located in one or more similar industrial premises (production zones);
equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
where employees work:

the same profession (position, specialty) performing the same labor functions;
in the same mode of working hours while maintaining the same type of technological process;
using the same production equipment, tools, fixtures, materials and raw materials;
provided with the same personal protective equipment.

Is it always necessary to involve a specialized organization?

At the same time, the company is obliged to select and conclude an agreement with a specialized organization for the implementation of the SATS.

At the next stage, a specialized organization enters the business. Its task is to identify harmful or dangerous labor factors. Simply put, to decide whether a person's work can harm a person's health, and if it can, then with what exactly. Harmful factors are listed in the Classifier approved by the Order of the Ministry of Labor N 33n of 01/24/2014.

It should be noted that identification is not carried out in relation to (part 6 of article 10 of the Law):

workplaces of employees whose professions, positions or specialties are included in the lists for the early appointment of an old-age labor pension;
workplaces where employees, in accordance with the law, are provided with guarantees and compensations for work with harmful and (or) dangerous working conditions;
workplaces where harmful and (or) dangerous working conditions were established based on the results of previous attestation or special assessment.

At the same time, the rest of the special assessment procedures in relation to these jobs are being carried out.

So, an expert of a specialized organization conducts identification, and its results are approved by the employer's commission (part 2 of article 10 of the Law).

If harmful and (or) dangerous production factors at the workplace are not identified, then further research is not carried out (part 4 of article 10 of the Law).

For such jobs, as well as places where working conditions are recognized as optimal or acceptable, the employer submits to his labor inspectorate a declaration of compliance of working conditions with state requirements.

Situation: Harmful or dangerous production factors have been identified

If harmful / hazardous production factors are identified, then the commission decides to conduct research and measure these factors (part 5, article 10 of the Law). Having finished measuring the harmful factors, the expert organization and the commission of the audited company draw up a report on the results of the special assessment. It is signed by all members of the commission and approved by its chairman. The report form is in the Order of the Ministry of Labor N 33n dated January 24, 2014. Evaluation cards for each workplace that has passed the procedure are attached to it. As a result, working conditions are divided into classes and subclasses according to the degree of harmfulness, employees receive certain guarantees and compensations, and an additional rate of contributions to the Pension Fund is determined.

Characteristics of working conditions

Class	Subclass	Working conditions	Additional fare amount	Characteristics of a class (subclass)
		Optimal		Harmful (dangerous) factors are absent or do not exceed the norms.
		Permissible		Harmful (dangerous) factors do not exceed the norms; the functional state of the employee is restored during the inter-shift rest.
		1st degree		After exposure to harmful (dangerous) factors, the state of the body of an employee is restored at a longer time than between shifts; increased risk of health damage.
		2 degrees		Harmful (dangerous) factors can cause the appearance and development of initial forms of occupational diseases or occupational diseases of mild severity (without disability) that occur after prolonged exposure (15 years or more).
		3 degrees		Harmful (dangerous) factors can cause the emergence and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) in an employee during the period of employment.
		4 degrees		Harmful (dangerous) factors can lead to the emergence and development of severe forms of occupational diseases in an employee (with loss of general ability to work) during the period of employment.
				Harmful (dangerous) factors affecting an employee during the entire working day (shift) or part of it can endanger his life, and their consequences cause a high risk of developing an acute occupational disease during work.

The evaluation has been completed, what's next?

But the responsibility of the employer does not end there. He must familiarize employees against signature with the results of the assessment conducted at their workplaces within 30 calendar days from the date of approval of the above report (part 2, article 5 and part 5, article 15 of the Law).

This period does not include periods of temporary disability of the employee, being on vacation or business trip, periods of rest between shifts.

Important: update the information on the site

And if the organization has an official website, then it must organize the placement of summary data on the results of the assessment on it:

on established classes (subclasses) of working conditions;
about the list of measures to improve these conditions.

This must be done within the same period - 30 calendar days from the date of approval of the report on the special assessment (part 6 of article 15 of the Law).

Information on the results of a special assessment must also be reflected in table 10 of Form 4-FSS.

Employees also have an obligation to familiarize themselves with the results of the SOUT (part 2 of article 5 of the Law). Refusal to fulfill this obligation may be recognized by the employer as a violation of labor protection requirements. Such a refusal is the basis for bringing to disciplinary responsibility (paragraph 2 of part 1 of article 214, article 192 of the Labor Code of the Russian Federation).

A specialized organization is obliged to transfer the results of the assessment to the Federal State Information System for recording the results of a special assessment of working conditions (part 1 of article 18 of the Law).

For violation of the procedure for conducting or for not conducting the SOUT, administrative liability is provided, its amount is indicated in the table.

Responsibility for violations of the special assessment rules

Norm of the Code of Administrative Offenses of the Russian Federation	Offense	A responsibility
	Offense	officials		organizations
Part 2 Art. 5.27.1	Violation by the employer of the established procedure for conducting a special assessment of working conditions at workplaces or failure to conduct it	Warning or 5,000 - 10,000 rubles.		Warning or 60,000 - 80,000 rubles.
Part 5 Art. 5.27.1	The commission of an offense under Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, by a person previously subjected to administrative punishment for a similar offense	30,000 - 40,000 rubles or disqualification for 1 - 3 years	30,000 - 40,000 rubles or suspension of activities for up to 90 days	100,000 - 200,000 rubles or suspension of activities for up to 90 days
Part 1 Art. 14.54	Violation by the organization that conducted a special assessment of working conditions of the procedure for its conduct	20,000 - 30,000 rubles	Not	70,000 - 100,000 rubles
Part 2 Art. 14.54	The commission of an offense under Part 1 of Art. 14.54 of the Code of Administrative Offenses of the Russian Federation, by a person previously subjected to administrative punishment for a similar offense	40,000 - 50,000 or disqualification for 1 - 3 years	Not	100,000 - 200,000 or suspension of activities for up to 90 days

The following actions / inaction of the employer may be recognized as a violation of the procedure for conducting the SATS:

non-compliance with the deadline for the special assessment;
failure to familiarize employees with the results of a special assessment at their workplaces;
violation of the procedure for processing the results of a special assessment;
special assessment:

without involving a specialized organization;
without forming a commission for its implementation;
not in all jobs.

From January 1, 2014, instead of certification of workplaces, a special assessment of working conditions was introduced, which must be carried out in accordance with Federal Law No. 426-FZ of December 28, 2013. Accordingly, the results of certification of workplaces in terms of working conditions, issued after December 31, 2013, cannot be used (clause 2 of the Letter of the Ministry of Labor of Russia dated March 13, 2014 N 17-3 / B-113). Recall that by virtue of Part 12 of Art. 209 of the Labor Code of the Russian Federation in the old edition, certification was carried out in the manner approved by the Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 342n (hereinafter referred to as the Certification Procedure). A special assessment of working conditions was previously provided for in Part 4 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ as a basis for exemption from paying insurance premiums at additional rates. Part 4 Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ became invalid on January 1, 2014 (subparagraph "d", clause 4 of Article 13 of the Federal Law of December 28, 2013 N 421-FZ).

By analogy with the results of certification, the results of a special assessment of working conditions are used, in particular, to provide employees with guarantees and compensations provided for by the Labor Code of the Russian Federation, as well as to establish additional rates for insurance premiums to the Pension Fund, calculate allowances (discounts) to the rate of contributions for compulsory social insurance from accidents at work and occupational diseases and justification for financing measures to improve labor protection conditions (Article 7 of the Federal Law of December 28, 2013 N 426-FZ).

A special assessment is carried out in relation to the working conditions of all employees, except for homeworkers, remote workers and those who work for individuals who are not entrepreneurs (Article 3 of the Federal Law of December 28, 2013 N 426-FZ). Special provisions are provided for state civil and municipal employees. Recall that in clause 4 of the Certification Procedure, other exceptions were established (in particular, certification could not be carried out in relation to workplaces where employees were engaged only in work on personal computers).

The methodology for conducting a special assessment of working conditions (part 3 of article 8 of the Federal Law of December 28, 2013 N 426-FZ) was approved by Order of the Ministry of Labor of Russia of January 24, 2014 N 33n. It establishes requirements for the procedures implemented within the framework of a special assessment: for the identification of potentially harmful or hazardous production factors, their study and measurement, the assignment of working conditions at the workplace to a certain class (subclass) and the presentation of the results (clause 1 of the Methodology).

As a general rule, an assessment of working conditions is carried out at least once every five years, if there are no grounds for an unscheduled assessment (part 4 of article 8 and 17 of the Federal Law of December 28, 2013 N 426-FZ). It should be noted that in accordance with clause 8 of the Certification Procedure for those jobs where the working conditions were recognized as acceptable or optimal, re-certification could not be carried out.

A significant innovation is the establishment in Art. 14 of the Federal Law of December 28, 2013 N 426-FZ of the classification of working conditions. According to the degree of harmfulness and (or) danger, they are divided into four classes: optimal, permissible, harmful and dangerous (1, 2, 3 and 4 classes, respectively). In turn, harmful conditions can be of four degrees (subclasses). It should be noted that the said article explains exactly which working conditions apply to each class (subclass).

According to part 2 of Art. 8 of the Federal Law of December 28, 2013 N 426-FZ, a special assessment of working conditions is carried out jointly by the employer and a specialized organization that meets the requirements given in Art. 19 of this Law. Part 2 Art. 4 of the Federal Law of December 28, 2013 N 426-FZ establishes the obligations of the employer, in particular to ensure that such an assessment is carried out and to provide the specialized organization with the necessary information, documents and information.

Let's pay attention to the following. If attestation was carried out in relation to workplaces, an assessment of working conditions may not be carried out for five years from the date of completion of attestation, with the exception of cases when an unscheduled assessment is appointed (part 4 of article 27 of the Federal Law of December 28, 2013 N 426-FZ). Other transitional provisions are also provided for legal entities that were accredited as organizations providing workplace certification services before January 1, 2014. Thus, they have the right to conduct a special assessment of working conditions before the expiration of the existing ones on the day the Federal Law enters into force of December 28, 2013 N 426-FZ of certificates of accreditation of testing laboratories (centers), but no later than December 31, 2018 inclusive (part 1 of article 27 of the Federal Law of December 28, 2013 N 426-FZ). The certification results are used to apply an additional rate of insurance premiums to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace. In clause 4 of Letter No. 17-3/B-113 dated March 13, 2014, the Ministry of Labor of Russia emphasized that this is an obligation, and not a right, of the payer of insurance premiums.

If, as a result of the attestation of the workplace carried out before January 1, 2014, the working conditions are recognized as harmful or dangerous, then an additional rate of insurance premiums established by Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ, in the amount of 2 to 8 percent, depending on the subclass of working conditions (part 5 of article 15 of the Federal Law of December 28, 2013 N 421-FZ, Letter of the Ministry of Labor of Russia of April 18, 2014 No. 17-3/B-171). In this regard, the Ministry of Labor of Russia clarified the following: if the taxpayer cannot document the subclass of harmful working conditions, an additional tariff of 7 percent is applied to the certified workplace, which corresponds to the subclass of working conditions 3.4 (clause 2 of the Letter of the Ministry of Labor of Russia dated 03/26/2014 No. 17-3/10/B-1579).

How insurance premiums are charged at additional rates if the organization has up-to-date certification results for only a part of jobs, the Ministry of Labor of Russia indicated in paragraph 3.5 of the Letter dated 13.03.2014 N 17-3 / B-113. If, according to the results of certification, the working conditions of an employee employed in the work specified in subpara. 1 - 18 p. 1 art. 27 of the Federal Law of December 17, 2001 N 173-FZ, are recognized as harmful and dangerous, then insurance premiums are charged at additional rates provided for in Part 2.1 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ. If working conditions are recognized as optimal or acceptable, or there are no results of attestation of the workplace, then insurance premiums are charged at additional rates provided for, respectively, in Part 1 or 2 of Art. 58.3 of the Federal Law of July 24, 2009 N 212-FZ.

In addition, in paragraphs 7, 8 of this Letter, the Ministry of Labor of Russia answers the question of how to determine the amount of insurance premiums for additional rates for part-time employment of an individual for a month at work under subpara. 1 - 18 p. 1 art. 27 of Law N 173-FZ with different classes (subclasses) of working conditions. In such a situation, insurance premiums are charged for each additional tariff in proportion to the number of days (hours) worked at the relevant workplaces in the total number of days (hours) (including overtime, weekends, holidays) in a given month. The considered insurance premiums are charged on the entire amount of payments and remunerations that are accrued in favor of this employee during the month, regardless of the periods for which payments are made.

If the specialized organizations accredited for certification of workplaces include testing laboratories (centers), the validity of which accreditation certificates expire in 2014, these companies can conduct an assessment without taking into account the requirements regarding the number and composition of experts until December 31, 2014 inclusive (Part 2, Article 27 of the Federal Law of December 28, 2013 N 426-FZ).

The Code of Administrative Offenses of the Russian Federation is also supplemented with new norms. Part 2 Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation provides for the employer's liability for violating the procedure for conducting a special assessment of working conditions at workplaces or not conducting it. In this case, a measure is applied in the form of a warning or a fine (in particular, for legal entities - from 60 to 80 thousand rubles). The responsibility of a specialized organization for violating the procedure for conducting a special assessment of working conditions is established by Art. 14.54 Administrative Code of the Russian Federation. Changes made to the Code of Administrative Offenses of the Russian Federation will come into force on January 1, 2015 (Part 2 of Article 15 of the Federal Law of December 28, 2013 N 421-FZ).

In addition, it should be added that the costs of conducting a special assessment of working conditions are not taken into account for the purposes of the simplified tax system (Letter of the Ministry of Finance of Russia of June 30, 2014 N 03-11-09 / 31528 (sent by Letter of the Federal Tax Service of Russia of July 30, 2014 N GD-4-3 / 14877)). The position of the financial department is not indisputable. See New documents for an accountant for details. Issue dated 20.08.2014.

We also note that these expenses can be reimbursed at the expense of contributions accrued to the FSS of the Russian Federation for injuries (clause 3 of the Rules for Financial Support for Preventive Measures to Reduce Industrial Injuries and Occupational Diseases of Workers and Sanatorium and Resort Treatment for Workers Employed in Works with Harmful and (or) hazardous production factors (approved by Order of the Ministry of Labor of Russia of December 10, 2012 N 580n as amended by Order of the Ministry of Labor of Russia of February 20, 2014 N 103n)).

In each organization, employees work in specific conditions. This is an important factor in the process of labor activity, because it affects the performance of staff. Working conditions in the workplace must comply with the law, so they are regularly assessed. Details about this are provided in the article.

concept

What are working conditions in the workplace? This concept has existed for a long time, since the beginning of the exploitation of people, but only now it is implemented at the legislative level. According to Art. 56 and 57 of the Labor Code of the Russian Federation, an employment contract is not drawn up without specifying working conditions. They are recorded along with the rest of the information - full name, salary.

In Art. 56 states that the employer must ensure statutory working conditions at the workplace. And according to Art. 57 it is mandatory to highlight in the agreement, harmful factors that may be in production. Compensation and guarantees are stipulated separately.

Characteristics

The production process is the work of obtaining products from matter or raw materials. All stages of this activity are interconnected. The nature of the process is determined by the type:

The labor force used.
means of production.
source materials.

Once the fixed asset is identified, the type of process can be determined. Suppose we know that the main machine is a metallurgical plant. Then it will be clear that there is activity with metal, ore. The labor force will be metallurgists and steelworkers. From this it is possible to determine the safety requirements and possible types of occupational diseases of employees.

Work environment

This concept refers to the space where the employee performs work. The environment includes buildings, means of production, transport used. This concept includes psychological and environmental conditions. They have an impact on staff.

Labor intensity

This concept implies the intensity of the work process. It implies a psychological side. Intensity is related to performance. In an unorganized place, tension is high and productivity is low. This is a negative point. Employees get tired quickly, and the results of the activity are not encouraging.

Classification

Working conditions at the workplace are divided by law into 4 classes (Article 14 of the Labor Code of the Russian Federation):

Optimal. With them, there is no or very low negative impact on employees.
Permissible. Probably some negative impact, but within the established norms.
Harmful. In this case, there is an excess of the influence of negative factors on the body. The occurrence of occupational diseases is likely.
Dangerous. Workers are affected by negative factors of production. There is a high risk of occupational diseases.

Determining the class of working conditions at the workplace is necessary to determine the level of harmfulness of the activity. Every job is different. It is important to consider them before applying for a job. Harmful working conditions during working hours negatively affect the well-being and health of a person. Therefore, at each enterprise it is important that the norms of the organization of the process are observed.

environmental factors

What should be the working conditions in the office, at work? When performing professional activities, it is important that employees feel comfortable and convenient. Then the results of the work will be high. The workflow is influenced by many factors, the main of which are:

Lighting: the norm is 1-2 thousand lumens.
Temperature - the more physical activity, the lower the indicator in the room. With active work, the optimal level will be 10-16 degrees, and with an average - 18-23 degrees.
Noise. The norm is 65 decibels and a frequency of 75,000 Hertz. The noise level will be high if it exceeds 88 decibels.
Vibration. Such influences are local and general. Vibration is associated with noise.

There are other factors - biological and chemical. An example of a negative characteristic of working conditions is a high concentration of dust, toxic components.

Certification

The employer is responsible for the certification of working conditions. A special institution is involved in this event. A special commission is being created, including the employer, labor protection specialist, members of trade unions. places on working conditions involves the inspection of the organization and the collection of information.

During the event, environmental factors are measured - noise, lighting, vibration. Deviations from the norms are established. If the jobs are similar to each other, then you can check one similar place. Certification of workplaces according to working conditions can be planned and unscheduled.

The planned activity is carried out every 5 years. Certification of workers on working conditions allows you to make work more efficient if after the event all the comments of the expert are taken into account. An unscheduled inspection is carried out with various changes in the production process. These include the replacement of equipment, transfer to another technical process. In the event of an accident, an unscheduled inspection is performed. In conclusion, an assessment of the working conditions of workplaces is prescribed.

What is written in the contract?

The organization of working conditions in the workplace is the responsibility of management. The employment contract must contain information about which class the work belongs to. For this, a section called "Labor Protection" is assigned. It indicates whether the conditions are considered "optimal" or "dangerous". In the first case, it is indicated that all norms are met, there are no harmful conditions at the workplace.

With grades 3 and 4, it is fixed that the conditions are unhealthy. The contract indicates the class, subclass, factors that led to the deterioration of the situation. For example, hazardous conditions have arisen due to high noise levels and low temperatures.

Valuation Law

Federal Law No. 426 is considered the main document for assessing conditions. It establishes the essence of the event, the rules for its implementation and application of the results. Evaluation is a procedure, the results of which can affect the activities of the organization in various ways, as well as the development and improvement of personnel policy.

If harmful jobs are found, the company may have obligations, for example:

Providing employees with social preferences established by the law of the Russian Federation.
Payment to the PFR and the FSS of higher contributions.

The assessment can reveal objective weaknesses in the field of personnel safety, the elimination of which increases productivity and has a positive effect on the business as a whole. It is only necessary to follow the instructions of the specialists provided as a result of the event.

Assessment steps

Even if the institution is not ready to carry out the assessment, this task is solved by law. The stages of the event include:

Contacting a specialized company that has permission to perform such activities.
This firm's identification of the factors of production. workplace hazards.
Preparation of an inspection report.

The list of criteria that must be met by firms performing the assessment are established by Ch. 3 Federal Law No. 426. In practice, such an institution is easier to find using the register of organizations accredited by the Ministry of Labor that perform work in the field of labor protection.

Workplace conditions and staff motivation are closely related. If the activities of employees are difficult, and besides, there are harmful factors, the institution should encourage employees. Usually the staff is motivated by material rewards. Then the efficiency of the enterprise will be much better.

Compensation

In Art. 224 of the Labor Code of the Russian Federation states that compensation is required for the additional load received from harmful factors. This may be additional leave and salary supplements. The amounts of the allowance are established by art. 147 of the Labor Code of the Russian Federation. Its minimum is 4% of salary.

Deteriorating conditions

If an employee has noticed negative changes, and the employer ignores the comments, then it is necessary to contact the trade union to perform a new certification. Failure to do so may result in heavy fines.

If the changes are domestic, for example, faulty lighting, then you need to inform the occupational safety specialist. In this case, it is important to repair, eliminate the defect without loss of quality. Removing the defect will improve the situation.

Occupational safety is considered an important part of the work process. It includes many factors, based on which a classification is created. The “optimal class” is considered the safest, and “dangerous” is considered the most harmful. All this should be spelled out in the contract. Failure to comply with the law leads to prosecution of the company's management.

16.03.2020 10:52:00

For any organization, a special assessment of working conditions is a mandatory event that 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 law contract. All workplaces of the employer are subject to a special assessment of working conditions, except for the places 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 single set of consistently implemented measures to identify harmful and (or) dangerous factors of 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 means of individual and collective protection of workers (part 1, article 3 of the Federal Law "On a 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 responsible for the development and implementation of 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 conducting SATS).

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

commissioning of newly organized jobs;
change in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
change in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
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 exposure of the employee to harmful and (or) hazardous production factors.

Unscheduled SOUT is carried out at the relevant workplaces within six months from the date of occurrence of the said events. SOUT regulation carried out by the Labor Code of the Russian Federation ( Further - Labor Code of the Russian Federation), Law No. 426-FZ, other 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 of the working environment and the labor process ( Further - harmful and (or) dangerous production factors),
measured during the SAUT, as well as guarantees and compensations to employees employed in work with harmful and (or) dangerous working conditions (table).

organization of the SAUT;

ORGANIZATION OF A SPECIAL ASSESSMENT OF WORKING CONDITIONS

providing services in this area and meeting the requirements of Article 19 of Law No. 426-FZ.

The statutory documents of the organization conducting the SATS should indicate that at least five experts working under an employment contract and having an expert certificate for the right to perform work on the SOUT. In addition, the organization conducting the SATS, 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 whose scope of accreditation is the conduct of research (tests) and measurements of harmful and (or) hazardous factors of the working environment and the labor process.

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

organization of the SAUT;
preparation for the implementation of the SAUT;
identification of potentially harmful and (or) hazardous production factors;
research and measurement of harmful and (or) hazardous production factors;
research (testing) and measurement of harmful and (or) dangerous factors of the production environment and the labor process during the implementation of the SAUT;
registration of the results of the SOUT;
declaring the compliance of working conditions with state regulatory requirements for labor protection.

Responsibilities for the organization and financing of the SOUT assigned to the employer. SOUT is carried out jointly by the employer and a specialized organization providing services in this area and meeting the requirements of Article 19 of Law No. 426-FZ. The statutory documents of the organization conducting the SATS should indicate that the main type of its activity (one of its activities) is the implementation of SOUT . This organization must have at least five experts working under an employment contract and having an expert certificate for the right to perform work on the SOUT.

In addition, the organization conducting the SATS, as a structural unit, must have 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 whose scope of accreditation is the conduct of research (tests) and measurements of harmful and (or) hazardous factors of the working environment and the labor process.

COMPOSITION AND PROCEDURE OF ACTIVITIES OF THE COMMISSION (LIST OF CARRYING OUT
NECESSARY MEASURES) ARE APPROVED BY THE ORDER (INSTRUCTION) OF THE EMPLOYER. THE SAME ORDER APPROVES THE SCHEDULE OF SOUT.

The employer concludes with such an organization that conducts the SOUT, civil contract .

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

Employer order (instruction) forms a commission for conducting a special assessment of working conditions ( Further - commission). The number of committee 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 employees (if any). The commission is headed by the employer (his representative).

When conducting SOUT with the employer, referred in accordance with the legislation of the Russian Federation to small businesses , the commission includes the employer - an individual entrepreneur (personally), 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 (specialist in labor protection), representatives of the elected body of the primary trade union organization or other representative body of workers (if any).

DETERMINING THE LIST OF JOBS WHERE A SPECIAL EVALUATION OF WORKING CONDITIONS WILL BE CARRIED OUT

Prior to the start of work on the implementation of the SOUT the commission approves the list of jobs where the SOUT will be carried out (indicating similar jobs), as well as dangerous and (or) harmful working conditions.

Similar jobs workplaces are recognized that are located in one or more similar industrial premises (production zones) equipped with the same (same type) air conditioning, ventilation, lighting and heating systems, where employees work in the same specialty, profession, position, perform the same labor functions in the same mode of working hours while maintaining the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.

Carrying out SOUT at similar workplaces has its own characteristics. When similar jobs are identified, the SAMS is carried out for only 20% of jobs out of the total number of such jobs (but not less than two jobs) and its results are applied to all similar jobs.

IDENTIFICATION OF POTENTIALLY HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS

Under identification of potentially harmful and (or) hazardous production factors refers to the comparison and establishment of the coincidence of the factors of the production environment and the labor process at 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, approved by Order of the Ministry of Labor No. 33n.

The procedure for identifying potentially harmful and (or) hazardous production factors is established by the Methodology for conducting the SATS. According to section II of the Methodology for conducting the SAUT, the 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, sources of harmful and (or) dangerous factors at the workplace;
comparison and determination of the coincidence of the factors of the working environment and the labor process at the workplace with the factors of the working environment and the labor process, provided for by the Classifier of harmful and (or)hazardous production factors;
making a decision on conducting research (testing) and measuring harmful and (or) hazardous factors;
registration of identification results.

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

AndCCINVESTIGATIONS AND MEASUREMENTS OF HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS

As part of the SAUT, all identified harmful and (or) hazardous factors of the production environment are subject to research (tests) and measurements. The list of detected harmful and (or) hazardous production factors that are subject to research (testing) is formed by the commission based on:

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

Research (testing) and measurement of actual values of harmful and (or) hazardous production factors are carried out by the testing laboratory (center), experts and other employees of the organization conducting the SATS. Methods and methods of research and methods for measuring harmful and (or) hazardous production factors, the composition of experts are determined by the organization conducting the SATS independently. Expert of the organization conducting the SAUT, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors defines classes (subclasses) of working conditions at workplaces according to the degree of harmfulness and (or) danger .

When conducting studies (tests) and measurements of harmful and (or) hazardous production factors, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements, methods of research (testing) and methods (methods) of measurements and the corresponding measuring tools, measurement methods, and the measuring methods, PASSED VERIFIED AND INTRODUCED TO THE FEDERAL INFORMATION FUND TO ENSURE THE UNITY OF MEASUREMENTS (Part 4, Article 12 of LAW No. 426).

Article 14 of Law No. 426-FZ:

"2.Optimal working conditions (grade 1) are working conditions under which the impact on the employee of harmful and (or) hazardous production factors is absent or the levels of exposure to which do not exceed the levels established by the standards (hygienic standards) of working conditions and accepted as safe for humans, and prerequisites are created to maintain a high level of efficiency worker.

3. Permissible working conditions (grade 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to 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 of the 1st degree)- working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after the impact of which the altered functional state of the employee's body is restored, as a rule, with a longer than before the start of the next working day (shift), the cessation of exposure to these factors, and increases the risk of damage to health;

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

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

4) subclass 3.4 (harmful working conditions of the 4th degree)- working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) during the period of employment.

5. Dangerous working conditions (Grade 4) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure to which during the entire working day (shift) or part of it can endanger the life of the employee, and the consequences of these factors cause a high risk of developing an acute occupational disease during the period of employment.

THE PROTOCOL CONTAINING THE RATIONALE FOR THE DECISION ON THE IMPOSSIBILITY TO CARRY OUT RESEARCH (TEST) AND MEASUREMENT OF HARMFUL AND (OR) HAZARDOUS PRODUCTION FACTORS IS AN INTEGRAL PART OF THE SPECIAL ASSESSMENT REPORT
WORKING CONDITIONS.

The Commission has the right to decide on the impossibility of conducting research (testing) and measuring harmful and (or) hazardous production factors in the event that the specified studies (tests) and measurements at the workplace may threaten the life or health of employees, experts or other persons conducting the SATS . In this case, the working conditions in the workplace are dangerous class of working conditions without carrying out appropriate research and measurements. The commission draws up a decision on the impossibility of conducting research and measurements protocol containing the rationale for making such a decision.

The employer must 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 labor law norms at its location within 10 working days from the date of the decision.

RESEARCH (TEST) AND MEASUREMENT OF HARMFUL AND (OR) DANGEROUS FACTORS IN THE PRODUCTION ENVIRONMENT AND WORK PROCESS WHEN CARRYING OUT A SPECIAL ASSESSMENT OF WORKING CONDITIONS

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

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

the severity of the work 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 sense organs of the worker).

For certain types of work, professions, positions and specialties by the Ministry of Labor and Social Protection of the Russian Federation, together with other executive authorities and organizations an additional list of harmful and (or) dangerous factors of the working environment and the labor process may be established, which are subject to research and measurement during the SOUT . According to the test results, working conditions at workplaces are divided into four classes according to the degree of harmfulness and (or) danger: optimal, permissible, harmful and dangerous.

REGISTRATION OF THE RESULTS OF THE SPECIAL ASSESSMENT OF WORKING CONDITIONS

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

The report includes the following results of the SATS:

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 SAUT was carried out, indicating harmful and (or) dangerous production factors that were identified at these workplaces;
SATS cards containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting SATS;
protocols for conducting research (tests) and measurements of identified harmful and (or) hazardous production factors;
protocols for assessing the effectiveness of personal protective equipment;
protocol of the commission containing a decision on the impossibility of conducting research (tests) and measurements (if there is such a decision);
a summary sheet of the results of the SAUT;
a list of recommended measures to improve working conditions;
conclusion of the expert of the organization conducting the SATS.

Protocol for conducting research and measurements of identified harmful and (or) hazardous production factors is issued in respect of each studied 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 SAUT, he has the right to state his reasoned dissenting opinion in writing, attaching it to the report.

THE RESPONSIBILITY TO TRANSFER THE RESULTS OF THE CARRYING OUT THE SOUT IS ASSIGNED TO THE ORGANIZATION CARRYING OUT A 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 SATS 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 disability of the employee, being on vacation or business trip, periods of rest between shifts.

The results of the SATS, including in relation to workplaces, the working conditions of which are recognized as acceptable and 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, Article 18 of Law No. 426-FZ). The organization conducting the SATS, within ten working days from the date of approval of the report on its implementation, transfers the relevant information regarding the employer, the workplace and the organization that conducted the SATS to the specified accounting information system. Information is transmitted in the form of an electronic document signed with a qualified electronic signature.

DECLARATION OF COMPLIANCE OF WORKING CONDITIONS WITH THE STATE REGULATIONS OF LABOR PROTECTION

For jobs that no harmful and (or) hazardous production factors were identified as a result of identification , the employer submits to the territorial body of the federal executive body authorized to conduct federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms, at its location declaration of compliance of working conditions with state regulatory requirements for labor protection (Article 11 of Law No. 426-FZ). The declaration and information about it are entered in the register of declarations of compliance of working conditions with state regulatory requirements for labor protection. The form of the declaration of compliance of working conditions with state regulatory requirements for labor protection and the procedure for filing a declaration of compliance with 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 the SUT.

LITERARY