Order on the creation of a commission and organization of work for a special assessment of working conditions: document form, explanations for filling out, see sample


What is a special assessment of working conditions

Until 2014, the concept of workplace certification was used. At the end of 2013, a law was adopted replacing certification with a new phenomenon - a special assessment of working conditions (SOUT) .

During the special assessment, harmful and dangerous working conditions are identified. With the help of special assessment activities, a general picture of the state of affairs at the enterprise is formed. Based on its results, a set of measures is being developed that will create more favorable conditions in the workplace.

Thanks to the special assessment you can:

  1. Create optimal schedules for medical examinations
  2. Determine the amount of insurance premiums
  3. Assess the risks arising in connection with the performance of job duties
  4. Justify labor protection measures

The assessment is carried out either scheduled or unscheduled.

Planned assessment. As a general rule, such an assessment is carried out once every 5 years. Since a special assessment is similar to workplace certification, the assessment period is determined based on the date of the last certification.

Unscheduled assessment. Such special assessments are carried out as necessary. The reason for this could be:

  • The emergence of new jobs in the organization. This is one of the most common methods when an unscheduled special assessment is assigned
  • Recommendation from the labor inspectorate. Sometimes the labor inspectorate, for one reason or another, strongly recommends an unscheduled assessment
  • Trade union recommendation. Very few organizations have such a body to protect the rights of workers, but in some places they still exist. So, at the request of the trade union, an assessment can be assigned in the interests of employees
  • An unscheduled special assessment is carried out if production technology has changed or new equipment has been purchased that may affect working conditions
  • In addition, changes in the composition of the raw materials from which products are made also serve as the basis for an assessment
  • Even a change in personal protective equipment requires an unscheduled assessment, as it may affect the working conditions of workers

An unscheduled special assessment is carried out in the same manner as a planned one.

SOUT will not be carried out for such workers as:

  • Homeworkers, that is, those who perform their duties while sitting at home
  • Those who work remotely (remotely)
  • Self-employed

Let's consider the division of working conditions into classes depending on the harmfulness in the table.

Harm classDecoding
1 classIn this case, the effects of harmful factors are not observed or they are within normal limits. The conditions are safe, which ensures good performance of the employee.
2nd gradeIf such a hazard class is determined, a slight harmful effect is observed, which, however, does not exceed the normal limits. Damage to the body from exposure to such factors is restored during rest or until the next shift.
3rd gradeIn this case, the harmful effects exceed the established standards. Such working conditions are harmful. The class is detailed into 4 subclasses.
4th gradeThis class indicates that working conditions are dangerous. Harmful factors in the process of activity have a serious negative impact on the employee. If an employee works in such conditions, there is a high risk of developing an occupational disease.

REGULATIONS

– Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions”

– Federal Law No. 421-FZ dated December 28, 2013 On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On Special Assessment of Working Conditions”

– Order of the Ministry of Labor of Russia dated February 20, 2014 No. 103n “On amending and invalidating certain regulatory legal acts of the Ministry of Labor and Social Development of the Russian Federation, the Ministry of Health and Social Development of the Russian Federation, the Ministry of Labor and Social Protection of the Russian Federation”

– Federal Law of December 30, 2001 No. 195-FZ Code of the Russian Federation on Administrative Offenses (clause 2, clause 5 of Article 5.27_1, clause 23 of Article 19.5)

FORMATION OF UNIFIED PROCEDURES FOR A SPECIAL ASSESSMENT OF WORKING CONDITIONS

Orders of the Russian Ministry of Labor

– dated January 24, 2014 No. 33n (for the changes made, see Order 24n dated January 20, 2015) “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 a report on the special assessment working conditions and instructions for filling it out"

– dated December 5, 2014 No. 976n “On approval of the methodology for reducing the class (subclass) of working conditions when employees engaged in work with hazardous working conditions use effective personal protective equipment that has undergone mandatory certification in the manner established by the relevant technical regulations”

– dated February 7, 2014 No. 80n “On the form and procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection, the procedure for creating and maintaining a register of declarations of compliance of working conditions with state regulatory requirements for labor protection”

– dated November 3, 2015 No. 843n “On approval of the Procedure for the formation, storage and use of information contained in the Federal State Information System for recording the results of a special assessment of working conditions”

CHECKING THE QUALITY OF MATERIALS BY SPECIAL ASSESSMENT OF WORKING CONDITIONS

– Order of the Ministry of Labor of Russia dated August 12, 2014 No. 549n “On approval of the Procedure for conducting state examination of working conditions”

– Administrative regulations for the provision by the Ministry of Labor and Social Protection of the Russian Federation of state services for the consideration of disagreements on the issues of conducting an examination of the quality of a special assessment of working conditions, disagreement of workers, trade unions, their associations, other representative bodies authorized by employees, employers, their associations, insurers, organizations, who conducted a special assessment of working conditions, with the results of an examination of the quality of the special assessment of working conditions, approved by Order of the Ministry of Labor and Social Protection of July 8, 2021 No. 350n

– The procedure for considering disagreements on the issues of conducting an examination of the quality of a special assessment of working conditions, disagreement of workers, trade unions, their associations, other representative bodies authorized by employees, employers, their associations, insurers, territorial bodies of the federal executive body authorized to conduct federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law standards, organizations that conducted a special assessment of working conditions, with the results of an examination of the quality of the special assessment of working conditions, approved by Order of the Ministry of Labor of Russia dated September 8, 2016 No. 501n

– Order of the Ministry of Labor of Russia dated September 22, 2014 No. 652n “On approval of the Procedure for considering disagreements regarding the examination of the quality of a special assessment of working conditions, disagreement of employees, trade unions, their associations, other representative bodies authorized by employees, employers, their associations, insurers, territorial bodies of the federal executive body authorized to carry out federal state supervision over compliance with labor legislation and other normative legal acts containing labor law norms, with the results of an examination of the quality of a special assessment of working conditions" - no longer valid

– Order of the Ministry of Labor of Russia dated October 9, 2014 No. 682n “On approval of methodological recommendations for determining the amount of fees for conducting an examination of the quality of a special assessment of working conditions”

– Order of the Ministry of Labor of Russia dated December 5, 2016 No. 709n “On approval of the Administrative Regulations for the provision by the Federal Service for Labor and Employment of public services for the consideration of disagreements regarding the conduct of a special assessment of working conditions, the employee’s disagreement with the results of a special assessment of working conditions at his workplace, and also complaints from employers about the actions (inaction) of the organization conducting a special assessment of working conditions.”

– Order of the Ministry of Labor of Russia dated April 21, 2017 No. 377n “On approval of the Administrative Regulations for the execution by the Federal Service for Labor and Employment of the state function of exercising state control (supervision) over compliance with the requirements of the legislation of the Russian Federation on special assessment of working conditions” (valid from June 16, 2017 .)

ESTABLISHING A PROCEDURE FOR ADMISSION TO ACTIVITIES IN CONDUCTING A SPECIAL ASSESSMENT OF WORKING CONDITIONS

– Decree of the Government of the Russian Federation of June 30, 2014 No. 599 “On the procedure for admitting organizations to carry out a special assessment of working conditions, their registration in the register of organizations conducting a special assessment of working conditions, suspension and termination of activities to conduct a special assessment of working conditions, as well as the formation and maintenance of a register of organizations conducting a special assessment of working conditions"

– Administrative regulations for the provision by the Ministry of Labor and Social Protection of the Russian Federation of state services for the formation and maintenance of a register of organizations conducting a special assessment of working conditions, approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated May 19, 2015 No. 304n

FORMATION OF A PROFESSIONAL COMMUNITY OF EXPERTS

– Decree of the Government of the Russian Federation of July 3, 2014 No. 614 “On the procedure for certification for the right to perform work on a special assessment of working conditions, issuing an expert certificate for the right to perform work on a special assessment of working conditions and its cancellation”

Orders of the Russian Ministry of Labor

– dated January 24, 2014 No. 32n “On approval of the form of an expert certificate for the right to perform work on a special assessment of working conditions, technical requirements for it, instructions for filling out the form of an expert certificate for the right to perform work on a special assessment of working conditions and the Procedure for the formation and maintenance register of experts from organizations conducting special assessments of working conditions"

– dated July 25, 2014 No. 482 “On the organization of work to conduct remote testing of persons applying for an expert certificate for the right to perform work on a special assessment of working conditions”

– dated April 29, 2015 No. 258n “On approval of the Administrative Regulations for the provision by the Ministry of Labor and Social Protection of the Russian Federation of the state certification service for the right to perform work on a special assessment of working conditions and the issuance, as a result of this, of an expert certificate for the right to perform work on a special assessment working conditions"

ACCOUNTING THE FEATURES OF CARRYING OUT A SPECIAL ASSESSMENT OF WORKING CONDITIONS IN ORGANIZATIONS OF SPECIFIC TYPES OF ACTIVITY

– Decree of the Government of the Russian Federation of April 14, 2014 No. 290 “On approval of the List of jobs in organizations carrying out certain types of activities in respect of which a special assessment of working conditions is carried out taking into account the specifics”

– Decree of the Government of the Russian Federation of April 28, 2007 No. 252 “On approval of the list of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of labor activity of which are established by the Labor Code of the Russian Federation”

Orders of the Russian Ministry of Labor

– dated November 14, 2014 No. 882n “On approval of the specifics of conducting a special assessment of working conditions at the workplaces of workers, the list of professions and positions of which was approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252” (cultural workers)

– dated December 9, 2014 No. 996n “On approval of the specifics of conducting a special assessment of working conditions at the workplaces of workers engaged in underground work”

– dated January 27, 2015 No. 46n “On approval of the specifics of conducting a special assessment of working conditions in the workplace of workers in radiation hazardous and nuclear hazardous industries and facilities engaged in work with man-made sources of ionizing radiation”

– dated February 18, 2015 No. 96n “On approval of the specifics of conducting a special assessment of working conditions at the workplaces of divers, as well as workers directly involved in caisson work”

– dated February 19, 2015 No. 102n “On approval of the specifics of conducting a special assessment of working conditions at workplaces where workers are expected to stay in conditions of high pressure gas and air environments”

– dated April 24, 2015 No. 250n “On approval of the specifics of conducting a special assessment of working conditions in the workplace of certain categories of medical workers and the list of medical equipment (devices, instruments, equipment), the normal functioning of which may be affected by measuring instruments used during the special assessment of working conditions"

– Features of conducting a special assessment of working conditions at the workplaces of certain categories of medical workers who directly provide emergency (specialized emergency) medical care in emergency or emergency forms outside a medical organization, including during medical evacuation, approved. By Order of the Ministry of Labor of Russia dated April 24, 2015 No. 250n

– Features of conducting a special assessment of working conditions at the workplaces of medical workers located in premises to which regulatory legal acts of the Russian Federation impose requirements related to the need to maintain a special microbiological state of the environment and a stable mode of operation of medical equipment in the intensive care unit, intensive care unit, operating rooms), approved By Order of the Ministry of Labor of Russia dated April 24, 2015 No. 250n

– Features of conducting a special assessment of working conditions at the workplace of medical workers who directly carry out diagnostics and treatment using medical equipment (devices, instruments, equipment), the normal functioning of which may be affected by the measuring instruments used during the special assessment of working conditions, approved . By Order of the Ministry of Labor of Russia dated April 24, 2015 No. 250n

– List of medical equipment (devices, instruments, equipment), the normal functioning of which may be affected by measuring instruments used during a special assessment of working conditions, approved. By Order of the Ministry of Labor of Russia dated April 24, 2015 No. 250n

– dated May 18, 2015 No. 301n “On approval of the specifics of conducting a special assessment of working conditions at the workplace of crew members of sea vessels, inland navigation vessels and fishing vessels”

– dated June 01, 2015 No. 335n “On approval of the specifics of conducting a special assessment of working conditions in the workplaces of workers whose labor function is to prepare for sports competitions and participate in sports competitions in a certain type or types of sports”

– dated June 30, 2021 No. 543n “On approval of the specifics of conducting a special assessment of working conditions at the workplace of drivers of public urban ground passenger transport”

– dated June 28, 2021 No. 433n “On approval of the specifics of conducting a special assessment of working conditions at the workplaces of workers where development, manufacturing, processing, testing, disposal, interoperational storage of explosives, initiating compositions and products, transportation (transportation) are directly carried out ), destruction of ammunition and explosives, pyrotechnic compositions, gunpowder, rocket fuels, initiation means and products based on them, in organizations operating radiation hazardous and nuclear hazardous production (facilities), and organizations in the ammunition and special chemicals industry"

FINANCING A SPECIAL ASSESSMENT OF WORKING CONDITIONS

Orders of the Russian Ministry of Labor

– dated December 10, 2012 No. 580n “On approval of the Rules for financial support of preventive measures to reduce occupational injuries and occupational diseases of workers and sanatorium and resort treatment of workers engaged in work with harmful and (or) hazardous production factors”

– dated September 2, 2014 No. 598n “On approval of the Administrative Regulations for the provision by the Social Insurance Fund of the Russian Federation of state services for making decisions on financial support for preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium-resort treatment of workers engaged in work with hazardous and (or) hazardous production factors"

Letters from the FSS of Russia

– dated July 2, 2015 No. 02-09-11/16-10779 “On financial support for preventive measures”

EXAMINATION OF THE QUALITY OF SPECIAL ASSESSMENT OF WORKING CONDITIONS

Orders of the Russian Ministry of Labor

– dated August 12, 2014 No. 549n “On approval of the Procedure for conducting state examination of working conditions”

– dated September 22, 2014 No. 652n “On approval of the Procedure for considering disagreements regarding the examination of the quality of a special assessment of working conditions, disagreement of employees, trade unions, their associations, other representative bodies authorized by employees, employers, their associations, insurers, territorial bodies 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, with the results of an examination of the quality of a special assessment of working conditions"

– dated November 9, 2014 No. 682n “On approval of methodological recommendations for determining the amount of fees for conducting an examination of the quality of a special assessment of working conditions”

– dated 07/08/2016 N 350n “Administrative regulations for the provision by the Ministry of Labor and Social Protection of the Russian Federation of state services for the consideration of disagreements regarding the examination of the quality of a special assessment of working conditions, disagreement of employees, trade unions, their associations, other representative bodies authorized by employees, employers, their associations, insurers, organizations that conducted a special assessment of working conditions, with the results of an examination of the quality of the special assessment of working conditions”

REQUIREMENTS FOR IL

R 50.1.108-2016 ILAC Policy on Traceability of Measurement Results

R 50.1.109-2016 ILAC Policy on Calibration Uncertainty

OTHER

SanPiN 2.1.3.2630-10 “Sanitary and epidemiological requirements for organizations engaged in medical activities”

SP 1.3.3118-13 “Safety of working with microorganisms of I – II groups of pathogenicity (hazard)”

SP 1.2.036-95 “Procedure for recording, storage, transfer and transportation of microorganisms of I – IV pathogenicity groups”

Order of the Federal State Statistics Service of August 6, 2021 No. 485 “On approval of statistical tools for organizing federal statistical monitoring of the number, conditions and remuneration of workers” (Appendix No. 2)

We carry out a special assessment in the Yamal-Nenets Autonomous Okrug, Khanty-Mansiysk Autonomous Okrug-Yugra, Tyumen region. and throughout the Russian Federation

Information updated by ANO "TMTSOT" on August 21, 2018.

Ask questions by phone. or write by email

Danyuk Galina Vladimirovna, SOUT expert, advises

Submit an application for a special assessment of working conditions

Articles on special assessment of working conditions

Thank you for visiting our site!

Which organizations are subject to SOUT?

According to the law, any enterprises and individual entrepreneurs must conduct a special assessment. The exceptions are the 3 categories listed above.

Jobs for any position are subject to special assessment . It is carried out both in relation to blue-collar professions and in relation to office workers.

Who conducts the special assessment of working conditions?

Special assessment is a troublesome procedure with many nuances.

Since SOUT must be carried out by experts in their field, such a service is provided by specialized organizations in accordance with certain requirements.

Such an organization must be included in the register of similar organizations, have experts on staff and an accredited laboratory.

The special assessment is carried out jointly by the employer and such a specialized organization. Typically, the employer provides all the documents necessary for the assessment and decides on organizational issues.

Briefly about working conditions and their classes

According to the law, working conditions in factories have a certain hazard class, which is assigned to a workplace depending on what potentially unsafe or harmful factors occur there. There are four classes in total: the first, the safest, i.e. workers can carry out their work duties without any harm to health. The second - with minimal negative effects on the body, the third - is already quite harmful, when the negative impact on a person is quite noticeable.

And finally, the fourth hazard class: high, when working conditions are characterized by the maximum degree of threat to the life and health of the worker.

In the third and fourth classes, the management of enterprises must provide subordinates with all the necessary means of protection; in addition, some categories of personnel are entitled to compensation for harmfulness, which is issued either in the form of natural food products (for example, milk and dairy products), or in the form of additional cash allowances.

Why is an order issued to carry out special assessment and assessment work?

All management decisions are enshrined in orders. All of them are compiled in free form.

After the director has decided to conduct a special assessment, he enshrines this decision in an order. You also need to create an order appointing members of the commission that will participate in the assessment .

These 2 orders can be combined into one.

The order is issued to streamline activities and determine the circle of persons participating in the special assessment. According to Part 4 of Art. 9 of Law No. 426-FZ, the director is the chairman of such a commission. The commission, together with the director, must include at least 3 people, the number of its members must be odd.

Order approving the provisions of the OSMS in the preschool educational institution: is it necessary to draw it up?

In August 2021, Order of the Ministry of Labor of the Russian Federation N 438N came into force, regulating and defining the content of the Model Regulations on the Occupational Safety and Health Management System. For the heads of preschool educational institutions, the Order became the basis for a revision of the developed occupational safety management systems, and the seventh paragraph of the Order obligated them to formulate and issue an order approving the OSH regulations in preschool educational institutions .

note that

The developed regulation on OSH is not a full-fledged replacement for the occupational safety management system, as some heads of educational institutions believe.
To comply with the requirements of Art. 212 of the Labor Code of the Russian Federation “The employer is obliged to ensure the creation and operation of a labor protection management system”
, not only a provision on an occupational safety and health system should be developed, but also all related provisions and procedures.

How to issue an order for a special assessment

In the order we disclose the following information:

  1. We determine the start date for the special assessment
  2. Composition of the commission for conducting a special assessment
  3. We approve the list of employee locations where a special assessment needs to be carried out
  4. Instructions are given to draw up a schedule of special assessment activities indicating specific dates
  5. A responsible specialist is appointed who will store all documents on SOUT

The order is signed by the director of the organization.

A separate order must approve the plan for carrying out special assessment activities. This order states:

  • A scheduled or unscheduled inspection is carried out
  • How many workplaces will be inspected?
  • At which workplaces will the special assessment be carried out first?
  • The assessment schedule is issued as a separate appendix to the order
  • A person is appointed responsible for preparing and transferring to a specialized organization a package of documents necessary for conducting a special assessment

The order is signed by the head of the enterprise and officials involved in the assessment.

We present a comparison of orders in the table.

Order to conduct SOUTOrder on approval of the schedule of events
Name of company
Order number and date

Name of the order

Preamble of the order

Approves the start date of the special assessmentScheduled or unscheduled inspection is carried out
Approves the composition of the commissionFixes the number of jobs that will be assessed
A list of workplaces to be assessed is indicatedThe workplaces where the assessment will be carried out first are determined
Instructions on drawing up the SOUT scheduleA schedule for conducting a special assessment is being developed (in the appendix)
A responsible specialist is appointed to store documentsA responsible person is determined to transfer documents to a specialized organization
Director's signature

Unscheduled SOUT | grounds | order of conduct

The concept of SOUT is familiar to most employers, but in this material we will consider a special type of event - an unscheduled special assessment of working conditions.

From this article you will learn:

  • what is the difference between an unscheduled special assessment of working conditions and a regular special assessment of working conditions;
  • what grounds exist for VSUT and in what cases an unscheduled special assessment is not needed;
  • What is the algorithm for conducting this event?

Definition and regulatory framework

The labor legislation of the Russian Federation requires that once every five years a labor safety assessment be carried out on the territory of enterprises and institutions. For many employers, this is already a familiar event. Special assessment is a relatively recently introduced procedure, so the rules for its implementation are constantly being clarified by the Ministry of Labor.

There is also a special, unscheduled special assessment of working conditions (WSUT).

In essence, it also represents the identification of negative factors in the workplace, but this procedure has its own special reasons: the emergence of new positions in the state, the transition to a different technological process, the use of new materials, identifying the causes of accidents. We will consider in more detail the reasons for conducting VSUT below.

When carrying out an unscheduled special assessment, you should be guided by the already familiar list of regulatory documents:

The procedure for conducting an unscheduled SOUT

In organizational terms, an unscheduled special assessment of working conditions has the same procedure as a planned one.

The standard algorithm is:

  • The head of the organization issues an order to create a commission to conduct VSUT.
  • The commission compiles a list of workplaces for which assessment of the work safety assessment is required, after which the company enters into an agreement with an organization specializing in conducting special work safety assessments. The register of authorized organizations can be found on the official website of the Russian Ministry of Labor.
  • An expert from this organization carries out all the required activities and prepares a report, which is signed by the members of the commission and approved by the head of the institution.
  • In the future, the administration is obliged to familiarize workers with the results of the VSUT, as well as send a notification about these results to the Federal Social Insurance Fund of the Russian Federation, post the results on its website and, if no risk factors are found in the workplace, submit a declaration to the State Labor Inspectorate.

Reasons for conducting an unscheduled special assessment

The main difference between an unscheduled special assessment of UT and a standard one lies in the grounds for its conduct. Such reasons include significant changes in the organization of the production process that occurred in the interval between two planned SOUT.

It is important for the employer to record such changes in order to determine at which workplaces it is necessary to carry out VSUT. Let's consider this issue in more detail.

An unscheduled special assessment of working conditions should be carried out in the following cases:

  • new PMs have appeared;
  • an order was received from the state labor inspector to conduct an unscheduled special labor inspection in connection with identified violations of the requirements of the Law “On Special Assessment of Working Conditions” or state regulatory requirements for labor protection provided for in Article 5.27.1 of the Code of the Russian Federation on Administrative Offences;
  • new production equipment was launched;
  • a new technological process was introduced;
  • new materials or raw materials began to be used;
  • updated personal protective equipment;
  • an accident occurred (not due to the fault of third parties);
  • the employee was diagnosed with an occupational disease;
  • the trade union came up with a proposal for VSUT;
  • the labor inspectorate issued an order to carry out VSUT.

Good examples of situations where an unscheduled special assessment of working conditions may need to be carried out would include: installing a new large format plotter in a press shop; relocation of employees to another production facility; an accident in a warehouse due to falling boxes of goods when unloading from a vehicle.

Who makes the decision to conduct VSUT

The decision to conduct an unscheduled special assessment of UT is made by the head of the enterprise or institution. Moreover, the decision may not always be the personal initiative of the manager; sometimes it is forced.

Another option: the trade union organization came up with a justified initiative about the need for unscheduled CO.

Order to conduct VSUT

An unscheduled special inspection of working conditions begins with an order issued by the head of the institution. This order establishes a commission from among the responsible persons of the organization to conduct a special assessment. The commission is given specific tasks.

Download order templates:

Timing of the VSUT

The issue of timing is often one of the most problematic when there is a need for VSUT. There are two established time periods during which it is necessary to carry out VSUT: 6 and 12 months.

You should conduct an unscheduled special assessment within 6 months in the following cases:

  • The State Tax Inspectorate issued an order;
  • a corresponding proposal has been received from the trade union;
  • a case of occupational disease was detected;
  • an accident was recorded;
  • new materials or raw materials have appeared;
  • new PPE is used.

An unscheduled assessment of working conditions must be carried out within 12 months if:

  • new RMs were put into operation;
  • the technological process has changed;
  • new equipment launched.

Important to remember

The countdown of the period begins from the moment when the grounds for VSUT occur. For example, when creating a new RM, the period is counted from the date of its entry into the staffing table, and when creating a new legal entity, from the date of its state registration.

Differences from the planned SOUT

As we have established, the procedure for conducting an unscheduled special assessment is the same as for a planned one. However, there are some peculiarities.

For example, when introducing new equipment, materials, or technical processes, you must first set up new workplaces and only then begin the VSUT procedure. According to the law, it is impossible to carry out VSUT on places that are not yet ready.

Attention

Organizing and conducting an unscheduled inspection requires a lot of time, so it is worth preparing in advance a plan and jobs for which an unscheduled VSUT will be required primarily.

When VSUT is not required

The decision not to conduct an unscheduled special assessment of working conditions must be made by the commission (Part 4 of Article 17 of the Law of December 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”).

Among other things, it is important to know those situations in which an unscheduled special assessment of UT is not required. So, if the company was reorganized, but there were no changes in the technical process and other working conditions, then there is no need to implement VSUT. Also, there will be no need to conduct a special assessment process when renaming a position .

We list all the circumstances in which an unscheduled inspection of working conditions is not required:

  • The name and details of the company have changed, but the specifications have not changed, and the union does not require an unscheduled special assessment.
  • The employee's position has changed, but the workplace and its functionality remain the same.
  • An accident occurred, but it was the fault of third parties.
  • The incident took place on the employer's premises, but not on the injured employee's workplace.
  • A new employee took the place of the dismissed one, and working conditions remained unchanged.

Read on topic:

Source: https://www.trudohrana.ru/article/103389-qqq-17-m9-provedenie-vneplanovoy-spetsialnoy-otsenki-usloviy-truda

Completion of a special assessment of working conditions

In order to complete the special assessment and put the finishing touches on this event, it is necessary to issue an appropriate order. It is compiled in any form.

In the order to complete the SOUT we indicate:

  • Order that the special assessment is completed
  • Are there any disagreements regarding the results of the work?
  • If necessary, determine measures to bring workplaces into compliance with the results of the special assessment. Or develop such events

In addition, at the final stage of the special assessment you need to:

  1. Sign the report on the implementation of the SOUT
  2. Familiarize employees with the results of the assessment
  3. If a discrepancy is identified, bring all documents into proper form in accordance with the law

Responsibility in the field of special assessment

IMPORTANT! The amount of fines for organizations that have not passed the SOUT does not depend on the size of the staff. This is stated in the Letter of Rostrud No. PG/31983-03-3 dated November 28, 2016.

For failure to conduct a special assessment or violations during its conduct, the company may be subject to huge fines (Administrative Code Art. 5.27.1).

ViolationFine
First violation, no harm doneWarning
Primary violation60-80 thousand rubles
Repeated violation100-200 thousand rubles
Repeated violation, threat to lifeSuspension of activities for up to 90 days, disqualification of the manager from 1 to 3 years

In addition, after a special assessment, certain measures must be taken, the absence of which will also result in a fine.

EventFine for absence
It is necessary to supplement the employment contract with an essential condition - the results of the SOUT. An additional agreement is drawn up. 50-100 thousand rubles
We approve the assessment results and provide or cancel compensation for damage. We do not allow misappropriation of funds 5-25% of the amount used for other purposes
We are compiling a list of employees who need to undergo medical examinationsIf an employee is allowed to work without undergoing a medical examination, then the fine is 110-130 thousand rubles
We check the availability of personal protective equipment130-150 thousand rubles

Control authorities intend to punish employers who do not pass the SUT.

Expert opinion

The head of the Department for Supervision of Compliance with Labor Legislation of Rostrud, E. Ivanov, claims that in 2021, liability can only threaten those who are inspected by the labor inspectorate in 2021, either scheduled or unscheduled. From 2021, employers will begin to be fined en masse.

Director of the Department of Labor Conditions and Safety V. Korzh explains:

The labor inspectorate will compare the databases of the tax inspectorate, pension fund and FSIS. Those who have not completed the SOUT are first sent a warning.

Unscheduled special assessment: conditions and procedure

Updated 04/22/2021

News from 2021

An assessment of harmful and hazardous production factors present in the workplace and their possible impact on the health of employees can be carried out even after an official special safety assessment has already been carried out. In what cases is an unscheduled special assessment of working conditions necessary, and what should you know about it?

The question of how to conduct a special assessment is regulated by Federal Law No. 426-FZ, in force since January 2014, “On the special assessment of working conditions” dated December 28, 2013. According to this document, the results of the SOUT are considered valid for 5 years from the date of implementation. However, sometimes a situation may arise when you need to perform the procedure unscheduled. Let's consider these cases.

When to carry out

A check of a special assessment of working conditions in an unscheduled mode is carried out in the following cases:

  1. If a special order from the state inspection body (Rostrud) was issued to carry out the SOUT;
  2. If an accident occurred at the enterprise, leading to work-related injuries or death;
  3. If diseases have been identified in the workplace that are the consequences of exposure of workers to harmful or dangerous production factors (occupational diseases);
  4. If the organization has introduced new, not yet tested workplaces ( This is important!
    Workplaces must already be organized, as well as the standard technological process that will take place in them. For places that have not yet been equipped, SOUT is not carried out, and is not provided for by law);
  5. If the technological processes, raw materials or equipment used in the operation of the enterprise have been changed. To understand when an unscheduled special assessment is carried out, you should find out whether these changes can provoke the emergence of unaccounted for harmful and dangerous factors (the temperature in the workshop has changed, industrial vibrations have increased, new equipment has been put into operation, etc.);
  6. If new personal protective equipment began to be used to protect employees from the influence of harmful factors (this point also includes, for example, the use of warm work clothes by employees in the winter, if at the time of the special assessment in the summer this factor was not taken into account);
  7. If a motivated proposal to implement a repeated special assessment is put forward by a representative body of employees or a trade union organization.
Rating
( 2 ratings, average 4.5 out of 5 )
Did you like the article? Share with friends: