Order on approval of the Methodology for conducting a special assessment of working conditions, the Classifier of harmful and (or) hazardous production factors, the form of the report on the special assessment of working conditions

In 2021, the declaration of assessment of working conditions remains among the mandatory documents that employers must submit.
Let's take a closer look at the rules for preparing the SOUT declaration, the deadlines for submission, as well as the consequences of refusing to prepare it. Article navigation

Declarations on SOUT: regulatory framework
Why submit a declaration to assess working conditions
How to submit a SOUT declaration
Features of filling out a declaration for assessing working conditions
In what cases should I submit an updated declaration of special assessment of working conditions to the State Labor Inspectorate?

Declarations on SOUT: regulatory framework

The rules for filing the SOUT declaration are enshrined in Federal Law No. 426 “On special assessment of working conditions” dated December 28, 2013. Experts from the Ministry of Labor decided to make life easier for employers and prepared a bill recognizing the declaration as unlimited . It is currently being reviewed by officials, so it is impossible to say whether it will be approved or not.

Fragment of the draft amendments to Federal Law No. 426 dated December 28, 2013

Before amendments to the law, the validity period of the SOUT declaration is 5 years . If no violations have been identified in the company, no occupational diseases have occurred among employees, labor safety requirements have not been violated, and no accidents have occurred, the SOUT declaration is automatically extended for another 5 years. This procedure is enshrined in Letter of the Ministry of Labor No. 15-1/OOG-1968 dated August 30, 2019.

After 10 years, employers are required to re-assess working conditions and submit a declaration of labor conditions. According to officials, canceling the validity period of the document will reduce pressure on employers and reduce material costs. If the bill is approved, the new rules will come into force on January 1, 2021.

Help: if an accident occurs in an organization within 5-10 years, violations or global changes are detected, the declaration is automatically canceled. In this case, the employer is forced to conduct an unscheduled assessment and transmit current information to the State Tax Inspectorate.

Methodology

A commission is assembled to carry it out.

SOUT can be carried out either by decision of management or at the insistence of trade union members. In order to begin assessing working conditions, the boss should issue an order indicating the need to assess certain objects, the timing of the inspection, as well as the persons responsible for the inspection.

The inspection commission can be created from any company employees. However, it must include the head of the organization, a labor protection specialist, as well as an employee of one of the subcontractor companies.

The contracting company must meet certain requirements and standards, in particular, consist of at least 5 qualified employees, one of whom must have a higher specialized education.

Why submit a declaration to assess working conditions

First of all, filing a declaration is in the interests of the employer. Using the report, you can prove the fact that employees work in acceptable conditions, thereby reducing the amount of insurance premiums and refusing to provide benefits and guarantees.

If harmful or dangerous factors are identified in the company, the employer is obliged to pay additional insurance premiums of up to 8%. The allowance is calculated in accordance with Order of the Ministry of Labor No. 33n dated January 24, 2014. Keep in mind that if you eliminate negative factors, after an extraordinary or regular special assessment, you will be able to reduce your financial burden. The exception is organizations that previously had a hazard class of 4.

Amount of additional insurance premiums depending on working conditions

Working conditions	RM class	% premium
Optimal	1	0
Acceptable	2	0
Harmful	3.1	2
	3.2	4
	3.3	6
	3.4	7
Dangerous	4	8

Responsibility for refusal to submit the SOUT declaration

Refusal to submit a declaration or late submission of a report will result in administrative liability. The amount of the fine is regulated by Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. Thus, in 2021, for the first violation, fines of up to 80,000 rubles are , for a second violation - up to 200,000 rubles or suspension of activities for up to 3 months.

Special assessment of working conditions: what are the employer’s actions upon completion?

Special assessment of working conditions: what are the employer’s actions upon completion? - the question came from Lyudmila .

Answer:

step 1. Notify a specialized organization about the approval of the report on a special assessment of working conditions

Within three working days from the date of approval of the report on a special assessment of working conditions, the employer is obliged to notify the specialized organization about this, and also send to it a copy of the approved report (Part 5.1 of Article 15 of Law No. 426-FZ). This can be done in any available way that provides the ability to confirm the fact of such notification .

step 2. Special assessment of working conditions: familiarize workers with the report on its conduct

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.

step 3. Submit a declaration of compliance of working conditions with state regulatory labor protection requirements

If the presence of harmful and/or hazardous production factors was not identified based on the identification results, or if, based on the results of measurements, working conditions in the workplace are considered optimal or acceptable, the employer must notify the State Labor Inspectorate at the location of the organization about this (Part 1 of Article 11 Law No. 426-FZ). To do this, you need to fill out a declaration of compliance of working conditions with state regulatory requirements for labor protection (approved by order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n). The employer must submit this declaration within 30 working days from the date of approval of the report on the special assessment (clause 5 of the Procedure for filing a declaration of compliance of working conditions with state regulatory requirements for labor protection, approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).

It should be noted that until May 1, 2021, the employer indicated in the declaration only information about the absence of harmful and/or dangerous production factors. In this regard, if, based on the results of measurements carried out before May 1, 2021, working conditions in relation to other workplaces were considered optimal or acceptable, the employer must submit an updated declaration to the State Labor Inspectorate including these workplaces (Part 4 Article 3 of the Federal Law of May 1, 2021 No. 136-FZ).

Step 4. Special assessment of working conditions: post the results on the organization’s website

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 posting on its official website on the Internet information and telecommunications network (if such a site exists) of summary data on the results of a special assessment of conditions labor in terms of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve working conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than thirty calendar days from the date of approval of the report on the conduct special assessment of working conditions.

step 5. Notify the Social Insurance Fund (SIF) about the results of the special assessment.

When submitting reports on compulsory social insurance against industrial accidents and occupational diseases, the employer must also inform the Social Insurance Fund of the results of a special assessment of working conditions (subclause 18, paragraph 2, article 17 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases"

To do this, you need to reflect the relevant data in the approved document. by order of the FSS of Russia dated September 26, 2021 No. 381.

Step 6. Apply the results of a special assessment of working conditions

The results of the special assessment influence the establishment of guarantees and compensation for employees. Thus, employees whose working conditions are recognized as harmful in their workplaces, depending on the degree of harmfulness, have the right to a shortened working week of no more than 36 hours, additional leave of at least seven calendar days and/or compensation in the amount of 4% of the salary (para. 5 part 1 article 92, part 2 article 117, part 2 article 147 of the Labor Code of the Russian Federation.

In addition, a clause on working conditions at the relevant workplace must be included in the employment contract with new employees (paragraph 9, part 2, article 57 of the Labor Code of the Russian Federation) And changes should be made to contracts with existing employees by concluding a corresponding additional agreement with them (Article 72 of the Labor Code of the Russian Federation)

Step 7. Storage by the employer of documents on the special assessment.

Documents for certification of workplaces for working conditions and special assessment in accordance with paragraph 602 of section 7.3 of the order of the Ministry of Culture of Russia dated August 25, 2010 No. 558 “On approval of the List of standard management archival documents generated in the course of the activities of state bodies, local governments and organizations , indicating their shelf life" are stored in the organization for 75 years in the presence of harmful and dangerous production factors in the workplace, and 45 years - in the absence of such.

The storage period for documents is calculated from January 1 of the year following the year in which they were completed.

Other answers to questions in the Question - Answer section

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Investigation of industrial accidents: typical violations

How to submit a SOUT declaration

You must submit a declaration of assessment of working conditions according to the Special Labor Conditions to the state labor inspectorate at the place of registration of the organization. This can be done either by the employer himself or by a trusted representative. The maximum period for submitting a report is 30 days from the moment the document was approved and the data was entered into the FSIS SOUT system.

There are several ways to submit a declaration to the State Tax Inspectorate:

in paper form in person when visiting the inspection;
in electronic form on the official website of the Federal Labor Service;
by mail with a description of the contents and notification of delivery.

After receiving the declaration, the department carries out an inspection. The duration of document review varies. As a rule, it takes no more than 10 working days to approve a declaration of a special assessment of working conditions.

If there are no errors, the State Labor Inspectorate will accept and register the report in the Register of Declarations for a Special Assessment of Working Conditions . If errors are found, you will have to correct them and submit a new report. Be careful not to miss deadlines, otherwise late fees may apply.

Features of filling out a declaration for assessing working conditions

The declaration form was approved by Order of the Ministry of Labor of Russia No. 80n dated 02/07/2014, but when filling it out, it is necessary to take into account the amendments made by Order of the Ministry of Labor of Russia No. 642n dated 11/14/2016. In general, filling out the report is not difficult; the main thing is to make sure that there are no errors, blots or typos.

The declaration must be completed for all workplaces , even if they have optimal or acceptable working conditions. You may not include in the report those places where work initially implies early retirement, benefits and guarantees. If, based on the results of previous certifications, harmful or dangerous factors were identified, but you did not eliminate them, you also do not need to report.

Contents of the SOUT declaration

Full or abbreviated name of the organization, for individual entrepreneurs - full name of the individual entrepreneur.
Personal information of the manager.
Exact address, as in the statutory documents. For branches that operate without forming a legal entity, the address of the main division.
OGRN or INN codes.
List of declared jobs indicating positions, specialties and codes.
The number of employees.
Workplace numbers based on the SOUT map.
Marking with the letter A similar places.
Results of SOUT.
Details of the expert opinion.
FULL NAME. specialist who conducted the special assessment and compiled the report.

Sample declaration of conformity “Special assessment of working conditions”

Note! The electronic SOUT declaration contains the same information as the paper one.

ORDER ON COMPLETION OF SPECIAL ASSESSMENT OF WORK CONDITIONS

Specialnaya-otcenka-uslovij-truda

Based on the Federal Law of the Russian Federation No. 426-FZ “On a special assessment of working conditions ,” order on a special assessment of working conditions No. 33 dated March 25, 2015.

I ORDER:

1. Consider the special assessment of working conditions under contract No. 601 dated March 25, 2015, carried out from March 25, 2015. to June 25, 2015 completed.

2. Approve the “Report on the special assessment of working conditions” of OAU “TsOT” dated June 25, 2015.

3. Approve the “List of recommended measures to improve working conditions.”

4. Based on the results of a special assessment of working conditions: 4.1. Heads of structural divisions:

— accept the results of a special assessment of working conditions (summary statement attached);

— familiarize employees of the structural unit with working conditions based on the results of a special assessment of workplaces against signature on certification cards, within a month;

— provide the employee with the necessary explanations on the issues of conducting a special assessment of working conditions at his workplace;

— implement the “List of recommended measures to improve working conditions” by August 25, 2015.

4.2. Head of HR Department:

— take into account the classes of working conditions at workplaces based on the results of a special assessment of working conditions;

— organize, in cases established by the legislation of the Russian Federation, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations of employees.

4.3. Head of labor protection service:

— ensure storage of documentation based on the results of a special assessment of workplaces based on working conditions;

— inform newly hired employees about working conditions in the workplace, about the existing risk of damage to their health, about measures to protect against the effects of harmful and (or) hazardous production factors during induction training against signature.

4.4. The financial director should control:

— establishing guarantees and compensation for workers in hazardous working conditions ;

— establishment of an additional tariff for insurance contributions to the Pension Fund of the Russian Federation, taking into account the class (subclass) of working conditions in the workplace;

— calculation of discounts (surcharges) to the insurance tariff for compulsory social insurance against industrial accidents and occupational diseases.

5. I reserve control over the implementation of this order.

Applications:

1. List of recommended measures to improve working conditions.

2. Summary statement of the results of a special assessment of working conditions.