Special assessment of working conditions Complete a special assessment of working conditions in 2 days and be included in the register of the Ministry of Labor. Price from 1,700 rubles

SOUTH and labor protection

Occupational safety (OS) is a system for preserving the life and health of people during their work activities.

OSH tasks lie within the area of ​​responsibility of the administrative apparatus of the company, whatever its industry affiliation, form of ownership and scale of business.

From a legislative perspective, occupational safety regulation involves:

• formation of general occupational safety standards, safety regulations and industrial sanitation;
• implementation of preventive actions to prevent workers from getting injured at work and the occurrence of occupational diseases;
• maintaining normal working conditions in production, implementing a set of measures to protect it, necessary for the normal performance by personnel of their labor functions;
• providing certain categories of personnel with lower working capacity (due to gender, age, various circumstances) with expanded legal guarantees for occupational safety;
• public and state control of the area under consideration.

The most important role in the OT system is assigned to the SOUTH system.

A special assessment of working conditions (SOUT) is a comprehensive set of step-by-step measures to identify harmful and/or dangerous production factors and assess the degree of their influence on the employee, taking into account the deviation of the observed values ​​from the normative ones.

The results of the special assessment are applicable for various purposes:

• they influence the calculation of insurance premiums to extra-budgetary funds;
• the employer takes them into account when determining guarantees and compensation provided to employees;
• they are required for proper planning and implementation of various occupational safety measures (medical examinations, acquisition of personal protective equipment).

Shelf life of SOUT materials

The validity period of SOUT materials in an organization and their storage in an organization are different concepts. These requirements are determined by the List of File Storage, indicating the frequency of destruction of documents. Reflected in the nomenclature, which should be maintained as part of office work.

First, let us remind you how long the SOUT is valid - 5 years, and the period for transferring documents to the archive is determined from the moment the SOUT expires and the new assessment of the UT comes into force.

An important factor that determines how long information on a special assessment is stored is the harmfulness and danger of working conditions. According to the List, documentation on the SOUT, including protocols, conclusions, proposals, etc., is subject to destruction 45 years from the date of completion of the action. But, with a high class of harmfulness, the period increases to 75 years. This also applies to situations with accidents; all documentation is automatically extended for a similar storage period.

What happens if you don’t carry out SOUT on time?

Any deviation from the norms established by law is punishable. Ignoring special assessments is no exception. And due to the fact that we are talking about the lives and health of many people, entire organizations, the employer will not be able to get away with a slight fright.

The approved report on the special assessment is transferred to the expert organization that carried out this procedure. This document is subsequently entered into the unified register (accounting information system). Thanks to this, the Ministry of Labor will be able to identify violators and bring them to justice.

Note! Types of punishment - from warnings, fines (from 5 thousand to 300 thousand rubles) to complete disqualification of the enterprise.

SOUT at any enterprise performs the functions of implementing OT requirements. The frequency of SOUT depends on the occurrence of occupational diseases and accidents. Only occupied positions are subject to special assessment. This is a labor-intensive, costly and time-consuming process, but it provides a number of benefits to the employer, including lower insurance rates. Failure to comply with the requirements entails the imposition of fines and termination of the activities of the legal entity.

Federal Law “On special assessment of working conditions”

The previously existing certification of workplaces based on working conditions was replaced by a special assessment, which is a much more progressive technology, closer to world practice.

On January 1, 2014, the Federal Law of December 28, 2013 No. 426-FZ “On the special assessment of working conditions” (hereinafter referred to as the Law) came into force. It regulates the procedure for conducting a special assessment, defines the requirements for organizations and specialists conducting it, and formulates the criteria for determining classes of working conditions in the workplace and levels of profrisk.

Having entered into force, the Law launched an updated mechanics for creating a package of guarantees and compensation for “harmful people” and a modified algorithm for calculating contributions to the Pension Fund and the Social Insurance Fund.

The main difference between the special assessment of working conditions and the previous model is the rejection of the “list” principle of providing guarantees and compensation to personnel in “harmful” industries in favor of taking into account the actual impact of various negative factors on the body of each employee.

Among the most important advantages of special assessments over certification, experts note a reduction in the burden on employers with normal working conditions: they no longer need regular expensive certifications and deductions of insurance premiums for workers employed in favorable conditions. In relation to owners of “harmful” jobs, on the contrary, there has been a tightening of requirements and increased control, which should ultimately serve as motivators for a general improvement in working conditions and a maximum reduction in the share of jobs with an unfavorable production environment.

Timing and frequency of special assessment of SOUT workplaces

The declaration of compliance of working conditions with state regulatory requirements for labor protection when conducting special labor safety measures starting from 2020 is valid for 5 (five) years , the period is calculated from the date of posting the approved report on the special assessment of working conditions by specialists of special labor protection in the Federal State Information System for recording the results of the special assessment working conditions. Specialists from SOUT are obliged to officially inform the department about the date of placement no later than 3 (three) working days from the date of placement. Until 2021, the validity period of the declaration was calculated from the date of approval of the report for a special assessment of working conditions.

Otherwise, the declaration ceases to be valid and the need arises to conduct an unscheduled special assessment of working conditions. In addition to the above, an unscheduled special assessment can be carried out in other cases (see Article 17 of Law No. 426). The period for conducting an unscheduled assessment is determined by 6 months from the date of occurrence of the above cases. If an organization conducts workplace certification before the law “On Special Assessment of Working Conditions” comes into force, the organization has the right not to conduct a special assessment for 5 years from the date of completion of this certification. If the job certification procedure was started in 2013, but was not completed by the beginning of 2014, then it needs to start the special assessment procedure again.

Specialist. The assessment of workplaces classified as hazardous must be completed by the end of 2014, as for other workplaces, but it is legally permitted to carry them out in stages. The final deadline for conducting a special assessment of such places is the end of 2021.

Special assessment of working conditions and similar jobs

When an enterprise has many identical workplaces, it is irrational to carry out SAW on them on a continuous basis. Such places are recognized as similar, only 20% of their total number (but at least two) are subject to special assessment, and the final results are translated to the entire set of places under consideration.

According to the Law, only those jobs that have all of the following characteristics at once can be recognized as similar:

• some professional and job titles;
• equal responsibilities of performers when conducting the same type of technical process in the same mode;
• use of the same type of means and objects of labor;
• work in a common/several similar premises;
• use of the same type of engineering systems;
• identical organization of workplaces and the availability of protective equipment.

The identification of at least one workplace from those previously recognized as similar that does not meet all the conditions of similarity entails a special assessment of the entire set of places considered similar until that moment.

Classes of working conditions

2013 brought changes to the process of defining and classifying working conditions based on their complexity, intensity and harm to health. The adopted law determined that from January 1, 2014, the employer is obliged to assess the conditions in which members of his team work and make a decision regarding their optimization or reducing their impact to a minimum level.

According to Art. 14 426-FZ there are such classes of working conditions: optimal, acceptable, harmful, dangerous.

Acceptable

The first, optimal class of conditions includes the majority of professions whose specialists are employed in administrative and social positions. A distinctive feature of such working conditions is that the impact of harmful factors on people is either absent or negligible. Even with minor efforts on the part of the employer, it will not be difficult to eliminate any impact on the well-being and performance of employees.

Harmful

The second class defines the circle of specialists on whom the influence of harmful factors, although present, is not persistent and does not exceed established standards. There may be harm from them, but the employee’s recovery is possible during the hours of rest between periods of working time. Experts classify such conditions as acceptable.

Dangerous and their subclasses

Working conditions starting from the third hazard class have a real and measurable adverse effect on the physical and psychological state of workers. Such exposure, when assessing working conditions, is already classified as harmful. According to degree, it is further divided into four subgroups:

• the first degree requires a longer rest to recuperate;
• the second – can lead to deterioration of health with a long period of work in such conditions;
• the third – threatens the appearance of mild and moderate occupational diseases in the process of work;
• the fourth - can cause severe or irreversible changes in connection with the work duties performed.

The most dangerous professions are classified as fourth class. Labor factors affecting a person can not only lead to severe occupational illness, but also threaten his life. Moreover, the employee is forced to be under their influence the entire working day or most of it.

additional charges

Article 147 of the Labor Code of the Russian Federation obliges the employer to take into account the influence of negative factors in financial terms, that is, the conditions of remuneration in a mediocre workplace must be increased. Since the list and variety of professions with specific working conditions is so extensive that it cannot be specified in the text of the Labor Code, the legislator limited himself to indicating the minimum rate of salary increase - 4%. In practice, this level of payment for unfavorable working conditions is much higher, because when drawing up local statutory documents at the enterprise, the owners and management of companies are required to take into account the opinion of trade unions.

When approving the final amount of additional payments to existing salaries, it is also customary to take into account the old, but still relevant from Soviet times, Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated October 3, 1986 N 387/22-78.

Additional payments for harmful and dangerous working conditions for workers in the organization are established in the collective agreement and must be indicated in the employment contract with each employee.

It is clear that an ordinary worker, experiencing all the hardships of unfavorable factors, will not be able to study all these documents and correctly apply their norms to protect their own interests. Therefore, the law obliges the employer to specify in the employment contract the smallest details regarding monetary compensation for the negative impact of special working conditions and providing time for rest and recovery, Art. 57 Labor Code of the Russian Federation. The employee must be informed about the nature of harmful and dangerous working conditions, and about measures to protect against them, and about the procedure for providing personal protective equipment and devices, and its frequency.

Violations in the area of ​​non-provision of working conditions and methods of protection

Regardless of the hazard class the conditions of a particular profession or workplace belong to, the employer is legally obliged to help minimize their negative impact and ensure working conditions. If the management of an organization or production site ignores this responsibility, then the employee has no choice but to resort to methods of labor self-defense or call on the Labor Inspectorate for help. In especially severe cases, the case may go to the prosecutor's office or court.

Optimal and permissible hazard classes

If special working conditions create the preconditions for decreased performance and even persistent deterioration in physical condition, and management refuses to notice this and take action, employees can try to draw attention to this problem and correct the situation.

The first thing to do is to draw up a written appeal to the administration with a clear statement of the problem, listing in it all the factors that negatively affect their condition and prevent them from working fully. For example, office work can most often be classified exclusively as the first class of danger, but this does not mean that the working conditions of employees can be left without control. The most common violation in this area is an unsatisfactory microclimate in the premises and neglect of the organization of the workplace. The management forgets about the existence of SanPiN 2.2.4.548-96, according to which maintaining the temperature regime is the same mandatory function of the employer as timely payment of labor. They also behave myopically with regard to equipping comfortable furniture and lighting in administrative premises (SanPiN 2.2.1/2.1.1.1278-03 and SanPiN 2.2.2/2.4.1340-03).

What to do if the boss ignores you?

If the manager pretends that working, sitting on a stool behind a flickering monitor in a dark and cold (or suffocating) basement, cannot affect the quality of performance of labor functions, then it is worth objecting to him in writing. After all, according to Art. 211 and art. 212 of the Labor Code of the Russian Federation does not make exceptions for positions of the optimal labor hazard class. A natural consequence of the employer’s refusal to respond to such a request will be an appeal to the sanitary service authorities with a proposal to measure and assess the state of the microclimate in the office. You can attach to the letter a document drawn up in any form, which records temperature readings, humidity levels or a description of other negatively affecting factors. Measurements can be taken using household appliances (thermometers, moisture meters, etc.). To be more convincing, it is better to use several variants of devices, preferably new and without visible damage. Perhaps purchased specifically for such a case (it’s also better to have the purchase documents and passports of the devices with you). Do not delude yourself that a document compiled on the basis of your own measurements will serve as evidence in serious proceedings in court. But such an act will allow the sanitation station to conduct a broad inspection of the indicators at the enterprise, based on the data of the workers themselves.

The determination made by the sanitary doctor is subject to execution and, as a result, correction of the situation at work. Refusal to comply with the requirements of government agencies can lead not only to a fine, the SES can contribute to a complete stop of the labor process for a three-month period.

A notice to the employer about a violation of working conditions and a potential threat to the health of workers is drawn up in writing and signed by the person or group of persons who compiled it. Anonymous requests cannot be considered.

Dangerous and harmful hazard classes

If a slight increase in temperature in the office only interferes with mental work, then extremely heated air and surfaces in the production area (bakeries, steel melting places, etc.) create an immediate danger for workers. The employer's responsibility in this case is to ensure maximum possible ventilation, provide protective clothing and reduce the duration of production shifts or increase the rest time between them. Failure to comply with these standards may threaten the health of employees, and here Articles 352 and 379 of the Labor Code of the Russian Federation come into force, allowing the employee to stop work by informing his superiors. To substantiate your requirements, you must indicate in your appeal the date of the last issue of special clothing or temperature measurement data as a reason for stopping the performance of the duties assigned to you. It must be remembered that leaving the workplace is prohibited; it is only possible to stop working until the violations are eliminated. At the same time, the amount of payment for the period of forced downtime will be maintained.

It is also necessary to take into account the fact that the danger to health as a result of the employer’s violation of standards for ensuring working conditions may also be of a potential nature. That is, a worker may reasonably believe that working without protective equipment in conditions of gas pollution and high methane content in the air will harm him and threaten his life, and therefore refuse to perform work. But you must first inform your superiors about your assumptions and demand that measures be taken to eliminate the danger.

What is the best way to prepare documents?

Traditionally, any appeal drawn up on paper and signed not individually, but by a group of interested parties, has a greater influence on the employer.

The trade union organization should help the employee understand the variety of benefits, compensation and standards for issuing protective equipment and control measurements, because it is with them that the employer coordinates most of the provisions.

If this method of influence does not bring the expected effect, then the appeal can be sent to the trade union cell or labor inspectorate. Both of them can initiate inspections regarding compliance with labor protection legislation, as well as further appeals to the prosecutor’s office. It is clear that the consequences for the employer will be the most unfavorable. Especially if the enterprise has already recorded cases of injury or injury.

Download a sample complaint to the labor inspectorate

Rights and obligations of participants in labor relations during a special assessment of working conditions

The employer has the right:

• organize a special assessment outside the plan;
• contact the company conducting the SOUT with a request to provide documents on its compliance with the established criteria, as well as to justify the results of the procedure;
• apply for an appeal against the actions of the company executing the SOUT.

The main responsibilities of the employer:

• providing conditions for the implementation of SOUT;
• preparation and transfer of requested documentation to the organization conducting the special assessment;
• familiarizing the employee with the final results in writing;
• carrying out explanatory work with the workforce on SAW issues;
• improvement of working conditions.

The employee has the right to personally take part in the process of special assessment of working conditions, request clarification from the employer regarding the course of this procedure, and also apply to appeal its results.

It is the employee’s responsibility to familiarize himself with the results of the SOUT.

Post-assessment activities and timeframes

Once the special assessment report is approved, the employer has obligations towards its own employees and third parties. The organization that conducted the SOUT is notified of the approval of the report within 3 days.

Employees must be familiarized with the results of the special assessment within 30 calendar days, and everyone’s signature is required. Within the same period - 30 calendar days - the result of the SOUT should appear on the website in the public domain. Measures that reduce or eliminate industrial hazards are indicated here.

What is the relationship between insurance premiums and special assessment of working conditions?

The results of the SOUT directly affect the amount of insurance premiums to the Pension Fund of the Russian Federation at the additional rate for “pests”.

Let us remind you that in Russia there are “harmful” lists:

1. workers engaged in underground work and others characterized by particularly harmful/difficult working conditions;
2. employed in harmful and difficult conditions.

The Federal Law “On Special Assessment of Working Conditions” set in motion a mechanism for correlating the rate of contributions and working conditions: the more favorable the conditions, the “cheaper” the rate; and vice versa - the worse the production situation, the higher the percentage of deductions. When conditions are safe, there is no talk of an additional tariff at all; safety must be confirmed by the SOUT.

In modern conditions, it becomes extremely unprofitable for employers to have “harmful” jobs: the existing burden in the form of additional contributions will increase in the future (increases in tariffs are planned for 2015-2016). In improving conditions, on the contrary, there is a material interest: if the SOUT shows an improvement in working conditions, the amount of contributions for additional tariffs will decrease.

Working conditions according to the criterion of harmfulness and danger are ranked into four classes:

1. optimal,
2. acceptable,
3. harmful (there are four subclasses),
4. dangerous.

Based on the established class/subclass of working conditions, the amount of the additional insurance premium is calculated: for harmful conditions it ranges from 2-7%, for hazardous conditions it is 8%.

The law allows you to optimize the costs of SOUT, taking into account the results of studies conducted during the process of production control.

When no harmful/dangerous factors are identified at workplaces, a declaration of compliance of conditions with state standards is carried out in relation to these places. Working conditions are considered acceptable, the completed declaration is valid for five years; If during this time there are no accidents or occupational diseases, the period will be automatically extended.

How often should SOUT be carried out in an institution?

The validity period begins from the date when the report on a special assessment of working conditions at a specific place of work is approved. The answer to the question of how many years the SOUT is valid depends on risk factors. There are two options.

Who conducts the special assessment?

SOUT is carried out by an organization that meets several requirements:

• in its charter, conducting a special assessment is indicated as the main/one of the types of activities;
• at least five company experts collaborating with it under an employment contract have a certificate for the right to conduct special assessment procedures, and at least one of them is a certified doctor in general hygiene, occupational hygiene or sanitary-hygienic laboratory tests;
• The structure of the organization includes an accredited testing laboratory, the scope of accreditation of which is conducting research and measurements of harmful/hazardous factors in the working environment and the labor process.

Procedure for carrying out SOUT

The law establishes that the responsibility for organizing SOUT lies with the employer. For this purpose, a special commission should be created (Article 9 of Law No. 426-FZ).

Specialized organizations carry out the direct implementation of special assessments. They must meet the requirements of the law - have an accredited laboratory and at least five certified experts on staff (Article 19 of Law No. 426-FZ).

All specialized organizations are entered into a register, maintained by the Ministry of Labor. “Register of specialized organizations for SOUT”.

The employer selects an organization from the registry and enters into an agreement with it to conduct special labor training. The customer is obliged to provide the contractor with all documents and other information necessary for the work.

First of all, you need to select workplaces for the assessment and draw up a schedule, taking into account all the features of establishing the timing of the assessment, listed in the previous section.

In addition to deadlines, when drawing up a schedule, you should take into account the availability of similar jobs. If there are such places, then from each group only 20% (but not less than two) can be assessed. Also see “Similar jobs with SOUT – what are they?”.

The special assessment of working conditions itself consists of identifying and measuring harmful and dangerous production factors. Based on its results, each inspected workplace is assigned one of four hazard classes. The choice of class depends on the presence and intensity of the influence of these negative factors on the employee.

The results of the conducted SOUT are compiled in the form of a report, which must be signed by all members of the commission.

Information about the results of SOUT:

1. Must be communicated to employees and posted on the company website within 30 days after signing the report (Article 15 of Law No. 426-FZ).
2. Included in the declaration of conformity of working conditions submitted to the Ministry of Labor.
3. It is sent to the division of the Federal Insurance Service of the Russian Federation to make a decision on adjusting insurance rates (more details in the next section).
4. Placed in the state information system (Article 18 of Law No. 426-FZ).

Sequence of special assessment of working conditions

1. Having concluded an agreement with the selected specialized organization, the employer forms a commission to conduct special assessment work and approves the schedule for implementing the process of special assessment of jobs. A commission created from representatives of the employer must have an odd number of members; it includes an occupational safety specialist, and if there is a trade union in the company, its representatives.

There are features of the formation of a commission by an employer who is a small business entity. In this case, it includes: the private entrepreneur himself, the head of the company, an occupational safety specialist or a person hired to perform this function under a civil contract, members of the representative body of employees (when one exists).

2. At this stage, the commission approves a pre-prepared list of jobs (listing similar ones) for which the SOUT procedure will be carried out. The list is compiled by the company executing the SOUT, and usually the work on forming the list is completed before the contract is signed.

3. An expert from the performing company identifies harmful/dangerous factors in the workplace, the results are approved by the commission. In most cases, these factors are identified at the stage of pre-contractual work and are already included in a general list in the document.

4. If harmful/dangerous factors are not identified, the commission recognizes the working conditions at this workplace as acceptable; no further research is required. A declaration of compliance of working conditions with current standards is drawn up and submitted to the relevant authorized executive body.

When harmful/dangerous factors are identified, the commission makes a decision to conduct their research in the manner specified by the Law.

5. The company performing the special assessment analyzes workplaces, requests information about compensation and benefits provided to personnel, medical examinations, provision of personal protective equipment, etc.

6. Levels of harmful factors are measured and assessed. The stage is significantly delayed in time if instrumental measurements of parameters are needed at different times of the year.

7. A report on the results of the SOUT is generated, including:

• information about the performing organization;
• a list of workplaces that were subject to special assessment, and the harmful/dangerous factors identified in them;
• SOUT forms with information about the class/subclass of working conditions at various workplaces;
• protocols for carrying out research, analyzing the effectiveness of PPE;
• protocol of the commission with the decision on the impossibility of conducting research due to its danger - if such a situation occurs;
• summary statement of SOUT;
• recommendations for improving working conditions at the studied sites;
• conclusions of an expert from the SOUT executing company.

8. The report is signed by the commission members, after which it is approved by the chairman. If one of the members disagrees with the above, he has the right to formulate his position in writing, this material will be attached to the report.

After adding (when necessary) clarifying information, the data is entered into a special accounting information system.

How to conduct a special assessment of working conditions (SOUT)

To organize a special assessment of working conditions, an organization must take the following steps:

1 step. Select an organization that conducts SOUT

Such an organization must meet the following requirements:

• the Charter specifies the main type of activity as a special assessment of working conditions;
• The staff employs at least five experts who have certificates for performing special assessment work. One of them must be a doctor in general hygiene, occupational hygiene or sanitary-hygienic laboratory research;
• relevant organizations and experts must be included in a special register and have accreditation from the Ministry of Labor;
• the presence of a testing laboratory accredited to measure harmful and dangerous factors in the working environment.

Step 2. Conclude an agreement - cost of SOUT

When concluding an agreement (example of an SOUT agreement) with a selected specialized organization, it is necessary to separately stipulate the procedure for concluding an agreement, the cost of work and the timing of a special assessment. Usually, to conclude a contract, it is necessary to fill out an application on the basis of which it is concluded and submit a staffing table, on the basis of which the approximate price of the SOUT procedure is reported. To carry out the SOUT procedure itself, you will need many other documents that must be provided within the specified time frame. The list of documents is given below.

An approximate list of documents that may be required to conduct an SOUT:

• an order appointing a commission to conduct special assessment work (we will talk about this in paragraph 3)
• organization staffing table
• details of a legal entity
• statistics codes
• list of positions and professions subject to preliminary and periodic medical examinations (if any)
• results of previously conducted certification of workplaces for working conditions in the form of a summary table of classes of working conditions (if available)
• results of studies (tests) and measurements of harmful and (or) hazardous production factors previously conducted at these workplaces (if any).
• labor safety instructions
• information on accidents for the last 5 years (copy of act N-1 or copy of the accident log)
• list of positions in which work gives the right to early assignment of an old-age labor pension, a reduction in the length of the working week, and medical and preventive nutrition is provided (if available)
• list of personal protective equipment (if available).
• certificates for personal protective equipment for workers (if PPE is available).
• letter confirming the presence of employees under the age of 18 indicating their position
• information about production equipment, materials and raw materials, documentation for production equipment used at the workplaces of specific employees; technological documentation, technological process characteristics
• workplace layout diagram (you can use the Evacuation Plan or the Appendix to the premises rental agreement)
• information about SNILS of employees
• internal labor regulations (number of regulated breaks in work and their duration)
• a list of the organization's transport equipment indicating the number of drivers working in each vehicle, load capacity and type of fuel used, brand and year of manufacture

The timing of the assessment depends on the number of workplaces being assessed, the presence of similar places among them, the presence of hazardous working conditions and the territorial location of the organization. The special assessment procedure is carried out at the actual location of the company.

The cost of the SOUT will depend on the above factors. So, if you need to evaluate a “regular” workplace, then the cost can vary from 1200 to 1800, and for “harmful” workplaces the cost will be from 2500 rubles. “Additions” to the cost may also be charged for the urgency of the order. Below is a list of some organizations providing SOUT services, which we found in a search and called while preparing this material

Cost of SOUT as of February 1, 2021 table

After agreeing on all issues, you can sign the contract and make an advance payment for the special assessment.

Step 3. Create a commission to evaluate jobs

Members of the commission may be representatives of the employer (including a labor protection specialist) and a representative of the employees. The employer must head the commission. If employers - small businesses classified as micro-enterprises are unable to form a commission, the role of the commission is played by the employer - individual entrepreneur (personally), the head of the organization or another employee authorized by the employer. The composition and duties of the commission are established by order or regulation.

The responsibilities of the commission for conducting a special assessment of working conditions include:

• establishing a schedule for conducting a special assessment (the beginning and end of the special assessment procedure are formalized by orders);
• establishing a list of jobs to be assessed;
• determining the number of similar jobs;
• signing the report on the special assessment.

Important: not all similar jobs are assessed, but only 20% of such places from the total number, but not less than two, but the results of the inspection are applied to all similar jobs.

Thus, the organizational stage is completed. Next, a special assessment of working conditions is carried out by an expert from the selected specialized company. To do this, a certain series of actions are carried out, which are given below.

Step 4 Conduct a special assessment of working conditions

Includes the following stages (we won’t go into detail):

• study of workplaces to identify harmful factors, if any. If such factors are not found, then the second stage is skipped;
• measuring the level of harmful factors;
• distribution of jobs by classes of working conditions;
• registration of the results of a special assessment of working conditions.

Step 5 Results of the special assessment

If harmful factors are detected in the workplace, additional tests and measurements are carried out. Based on the measurement results, classes of working conditions are distributed:

1. optimal,
2. acceptable
3. harmful
4. dangerous.

Based on whether a workplace belongs to one of these classes, additional tariffs or discounts are calculated in the Pension Fund and the Social Insurance Fund.

Declaration of SOUT

Workplaces where no harmful factors have been detected are subject to declaration. The declaration of compliance of working conditions (with) state regulatory requirements for labor protection must be submitted to the labor inspectorate within 30 (thirty) days from the date of approval of the report of a special assessment of working conditions. In addition to the declaration, the employer provides the Labor Inspectorate with certified copies of the following documents:

1. Title page of the approved SOUTH report;
2. Expert opinion based on the results of the special assessment;
3. Summary statement of the results of the SOUT.

SOUT report

Upon completion of the special assessment, a report on the special assessment of working conditions is drawn up ().

The SOUT report 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;
2. a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) hazardous production factors that were identified at these workplaces;
3. cards for special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting the special assessment of working conditions;
4. protocols for conducting research (tests) and measuring identified harmful and (or) hazardous production factors;
5. protocol for assessing the effectiveness of personal protective equipment used by employees employed in workplaces with hazardous working conditions, which have undergone mandatory certification in the manner established by the technical regulations, carried out in order to reduce the class (subclass) of working conditions (if such an assessment is carried out);
6. protocol of the commission containing the decision on the impossibility of conducting research (tests) and measurements;
7. summary sheet of special assessment of working conditions;
8. a list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out;
9. conclusions of an expert from an organization conducting a special assessment of working conditions.

The report is signed by all members of the commission and approved by the chairman of the commission no later than 30 (thirty) calendar days from the date of its sending to the employer by the organization conducting a special assessment of working conditions.

Within 30 (thirty) days from the date of approval of the report, the employer must familiarize each employee with the report against signature. At the same time, summary data of the special assessment is posted on the official website of the organization. Also, no later than 10 (ten) days from the date of approval of the report, data on the special assessment carried out is transferred to the Federal State Information System for recording the results of the special assessment of working conditions.

SOUT is out of plan

A special assessment may become unscheduled. The employer is required to carry out the procedure if:

• newly created jobs begin to be exploited;
• an order has been received from the labor inspectorate;
• the technical process has undergone changes, equipment has been replaced;
• there was a transition to other raw materials;
• the PPE used has changed;
• there was an accident (excluding incidents in which third parties were to blame) or an occupational disease caused by “harmfulness” was diagnosed;
• a proposal was received from the trade union cell (any other body representing the interests of employees) for an extraordinary special labor assessment with a detailed justification for its necessity.

What are the consequences of not conducting a specific assessment of working conditions?

Domestic legislation establishes the employer's liability for violations related to the labor safety standards, including failure to conduct a special assessment. The corresponding provisions have been included in the Code of Administrative Offenses of the Russian Federation.

Since the beginning of 2015, Art. 5.27.1 Code of Administrative Offenses of the Russian Federation, containing information on the amount of fines imposed. Their range is as follows:

• 5-10 thousand rubles. for officials and individual entrepreneurs;
• 60-80 thousand rubles. for organizations.

Identification of an offense a second time threatens the application of more serious sanctions: a fine for a legal entity will be calculated in the amount of 100-200 thousand rubles. or possible suspension of its work for a period of up to 90 days.

For officials who have not complied with the relevant order, or who have fulfilled it improperly or in violation of the deadlines, a fine (30-50 thousand rubles) or disqualification for 1-3 years is provided.

Thus, there is no point in avoiding carrying out a special assessment or postponing it to the distant future: the risks arising in this case are quite large. It is more advisable not to wait for claims to be received from inspection bodies and to quickly carry out this event on your own initiative.

Sanctions for violations of the procedure for carrying out SOUT

The Administrative Code provides for sanctions for these violations both for employers and for specialized organizations conducting assessments.

For the first violation of the legislation on special labor conditions, employers receive a warning or are subject to the following penalties (clause 2 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

1. Officials and individual entrepreneurs - from five thousand to ten thousand rubles.
2. Legal entities – from sixty to eighty thousand rubles.

Repeated violation entails much more serious consequences:

1. For officials - a fine of thirty to forty thousand rubles or disqualification for a period of one to three years
2. For individual entrepreneurs – a fine of thirty to forty thousand rubles or suspension of activities for up to ninety days.
3. For legal entities - a fine of one hundred to two hundred thousand rubles or suspension of activities for up to ninety days.

For specialized organizations, fines are provided for the first violation (clause 1 of Article 14.54 of the Code of Administrative Offenses of the Russian Federation):

1. For officials - from twenty to thirty thousand rubles.
2. For legal entities – from seventy to one hundred thousand rubles

In case of repeated violation, the sanctions are also increased (clause 2 of Article 14.54 of the Code of Administrative Offenses of the Russian Federation):

1. For officials - a fine of forty to fifty thousand rubles or disqualification for a period of one to three years.
2. For legal entities - a fine of one hundred to two hundred thousand rubles or suspension of activities for up to ninety days.

In this case, the official of the specialized organization is the expert who conducted the special assessment.

SOUT price in 2021: average cost of assessing one workplace in Moscow and the regions

Determining the cost of a special assessment of working conditions in most cases should be carried out on an individual basis. The price of SOUT a priori cannot be the same for different organizations, since its value is significantly influenced by a whole range of factors:

• number of structural divisions of the Customer, their territorial location (remoteness);
• the total number of jobs subject to a special assessment of working conditions (the larger the declared volume, the lower the cost will be);
• the complexity and diversity of production processes, which ultimately determine the specific features of specific jobs;
• volume and quality requirements for laboratory tests, the conduct of which is necessary for a correct expert assessment within the framework of the Special Assessment System;
• the number and complexity of special equipment required;
• stated deadlines for completing the work.

Important: if the enterprise has a large proportion of similar jobs, the overall SOUT budget will be significantly reduced, since only every fifth of such jobs is subject to assessment.

An analysis of the price offer on the market for professional services for conducting special assessments in Moscow and the regions shows that the cost of special assessments for large government organizations is approximately twice as high as the market average. The observed price difference is greatly influenced by the factor of the so-called “state brand”, the justification for using which now in the context of changed legislation, which imposes equally stringent requirements on all companies carrying out work on SOUT, regardless of their scale and form of ownership, is becoming quite controversial issue.

According to our own data, the cost of SOUT services in Moscow and the regions declared by non-state companies today is almost at the same level and falls within the following ranges:

• in office and educational institutions: 200 (>500 rub.) - 700 (<10 rub.) rub.
• in medical institutions: 400 (>500 rub.) - 900 (<10 rub.) rub.
• in transport and energy: 450 (>500 rub.) - 1250 (<10 rub.) rub.
• in local production: 500 (>500 rub.) - 1300 (<10 rub.) rub.
• in the chemical industry: 600 (>500 rub.) - 1550 (<10 rub.) rub.

Legal consequences of SOUT

The results of the conducted special assessment work affect labor relations with employees and the rates of contributions to extra-budgetary funds.

Employees whose jobs are recognized as harmful or dangerous (class 3-4) are entitled to various guarantees and compensation in accordance with the Labor Code of the Russian Federation and other regulations:

1. Shortened working hours (Article 92 of the Labor Code of the Russian Federation).
2. Increased tariff rates (Articles 146, 147 of the Labor Code of the Russian Federation).
3. Additional holidays (Article 117 of the Labor Code of the Russian Federation).
4. Early retirement (Article 27 of Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation”).
5. Restrictions on working in such places for women and minors (Articles 253, 265 of the Labor Code of the Russian Federation).
6. Regular medical examinations (Article 213 of the Labor Code of the Russian Federation).
7. Provision of personal protective equipment.
8. Distribution of milk and therapeutic and preventive nutrition (Article 222 of the Labor Code of the Russian Federation).

In addition, based on the results of the special labor safety assessment, measures for labor protection and improvement of its conditions are developed and implemented.

The Federal Insurance Service of the Russian Federation can provide a company with discounts (or, on the contrary, surcharges) to the current tariff for insurance against accidents and occupational diseases. The rules for providing discounts (allowances) were approved by Decree of the Government of the Russian Federation dated May 30, 2012 No. 524. The decision of the Social Insurance Fund regarding tariffs depends on the state of labor protection at the enterprise, one of the most important characteristics of which is the result of the special labor safety standard.

The assessment of working conditions also affects the calculation of additional contributions to compulsory pension insurance (Article 428 of the Tax Code of the Russian Federation). Determining specific classes and subclasses of working conditions for workplaces allows these contributions to be calculated more differentiated and, in most cases, to reduce the amount of payments.