How to apply for similar jobs. Similar jobs. Rights and obligations of participants in labor relations in the course of a special assessment of working conditions

Recall that in accordance with clause 5 of FZ. No. 426 FZ dated 28.12.2013 "О special assessment working conditions ", the commission, prior to the start of work on a special assessment of working conditions, approves a list of workplaces where a special assessment of working conditions will be carried out, indicating similar workplaces.

Many in advance independently determine the list of jobs in order to calculate the approximate costs of carrying out SAWS.

But, as practice shows, very often this list is drawn up incorrectly, including due to the fact that similar jobs are incorrectly defined.

Let's see what places can be considered similar?

According to clause 6 of the Federal Law. No. 426-FZ of December 28, 2013, similar jobs are jobs:

Located in one or more of the same type of production facilities (production areas);

Equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;

on which workers:

They work in the same profession, position, specialty,

Carry out the same labor functions in the same working hours while maintaining the same type technological process using the same production equipment, tools, fixtures, materials and raw materials,

Provided with the same means individual protection.

How many jobs can be classified as similar?

There are no legislative restrictions on how many jobs can be classified as similar. Naturally, employers strive to classify as many jobs as possible to similar ones, since this reduces the cost of a special assessment: one card for a special assessment of working conditions is filled in for similar jobs. This is where mistakes begin.

Example 1. The staff of a small cosmetology organization has a director, chief accountant, 2 administrators. All work in one office, using one computer. When concluding a contract for SOUT, the employer provides a list in which these jobs are listed as similar, justifying that the conditions are difficult to be the same, since there is one office, equipment, i.e. there is only one computer at all, so the sites need to be "certified" as analogous.

Naturally, the leader is wrong, since a prerequisite is the belonging of employees to the same profession, specialty, position and the performance of the same job duties.

Also workplace the accountant and the leading accountant located in the office opposite each other cannot be attributed to the same, even if the employees perform the same functions, they are in the same work area. If there are different positions, then there can be no question of analogy.

Sometimes jobs where employees of the same position or profession are employed are still not the same.

Example 2. There are 3 plumbers on the staff of the organization. Two plumbers repair plumbing systems, and the third also periodically maintains the sewerage systems and descends into the manholes.

Despite the fact that the name of the profession is the same, labor functions differ, therefore, jobs cannot be classified as similar.

A similar example, when the jobs of one profession cannot be attributed to the same, is associated with the use of different equipment.

Example 3. The organization has 3-person forklift drivers. Ivanov is assigned a Maximal FD10T-M diesel loader, Petrov is an electric forklift MZiK EP-103KO, Sidorov is a Heli CPCD25 / CPQD25 series H2000 auto-loader.

These workplaces also cannot be attributed to similar ones, because the equipment used is different.

When similar jobs are identified, a special assessment of working conditions is carried out for 20 percent of jobs from the total number of such jobs (but not less than two jobs) and its results are applied to all similar jobs.

If, when evaluating similar jobs, differences in the indicators of factors are revealed, signs that do not meet the requirements of similarity, a special assessment is carried out for 100% of jobs that were initially classified as similar.

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A special assessment of working conditions is one of the fundamental duties of an employer. This is a tool for ensuring safety and comfort for personnel, determining guarantees and compensations for harmful working conditions that are provided for Labor Code RF.

SOUT is a single set of consistently implemented measures to identify harmful and (or) hazardous factors of the working environment and labor process, assessing the level of their impact on the employee, taking into account the deviation of the actual values ​​from the established standards. The company conducts a special assessment every five years (unless otherwise provided by law) in conjunction with an expert organization, which is in the Register of organizations conducting SOUT. It depends on the results of the special assessment of the workplace whether the employee is entitled to an increased wage, additional days to leave, other guarantees and compensations. As well as deducted contributions for an employee to the Pension Fund of the Russian Federation.

Similar jobs: identification and assessment

According to part 6 of article 9 of the federal law of December 28, 2013, No. 426-FZ, for similar jobs, the following signs are distinguished: “located in one or more of the same type of production premises (production areas) equipped with the same (of the same type) ventilation, air conditioning, heating and lighting, in which employees work in the same profession, position, specialty, carry out the same labor functions in the same working hours while maintaining the same technological process using the same production equipment, tools, fixtures, materials and raw materials and are provided with the same means of individual protection ".

One of the first steps in a special appraisal is to prepare a list of jobs and identify similar ones. Having correctly determined the number of similar jobs, the company reduces the cost of carrying out SAWS by up to 80%. When similar jobs are identified, a special assessment is carried out only for 20% of the total number of such jobs (but not less than two). Its results apply to all similar jobs. For them, one SOUT card is also filled in, a unified list of measures aimed at improving working conditions is being developed.

Example:

20 machinists work at the Uslada factory in workshop No. 1. All jobs are similar. That is, a special assessment of research (testing) and measurements are carried out in the ratio of 20%, i.e. by 5 similar locations... If, based on the results of a special assessment, a harmful and (or) hazardous class of working conditions is established at these workplaces, then the corresponding class (subclass) of working conditions is established at all places. For each worker, appropriate guarantees and compensation are assigned, and a list of measures to improve working conditions is developed. For all similar jobs, one Special Assessment of Working Conditions card will be completed.

Typical mistakes

The legislation does not regulate how many places can be recognized as similar. In the process of special appraisal, employers strive to attribute as many places as possible to such, as this reduces the cost of a special appraisal, but leads to errors.

If in the course of the SAUT at least one of the workplaces previously recognized as similar is identified, which does not correspond to the signs of similarity, then a special assessment is carried out at all workplaces previously classified as similar. This will lead to an increase in the cost of conducting a special assessment.

Example:

At the Uslada factory, in workshop No. 2, employees of the same qualifications work in the same room with similar working conditions at their workplaces. Both received higher technical education, specialized work experience - more than 6 years. Them job duties: Establish an operational route for the processing and assembly of products, draw up plans for the placement of equipment and technical equipment. However, the positions of workers are different - leading engineer and leading engineer-technologist. Based on the assessment results, these jobs cannot be recognized as similar.

Special Labor Assessment is a single set of consistently implemented measures to identify harmful and (or) hazardous production factors and assess the level of their impact on the employee. Based on the results of a special assessment of labor, classes and subclasses of working conditions at workplaces are established.

How to Conduct a Special Assessment of Working Conditions

The procedure for the new procedure for assessing working conditions is spelled out in the Law of December 28, 2013. The methodology for conducting a special assessment of working conditions was approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

Along with this, the results of certification of workplaces, carried out according to the rules established by the order of the Ministry of Health and Social Development of Russia dated April 26, 2011, No. 342n, are still valid. In general, the results of an attestation carried out before January 1, 2014 are valid for five years from the date of completion of this attestation (unless a special assessment of the working conditions of workers needs to be carried out unscheduled).

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How to save on a special assessment of working conditions, how to get a REFUND in the FSS

Companies can not every five years

After a special assessment, the company submits it to the labor inspectorate. Previously, only places without harmful factors were included in the declaration. Companies now declare jobs with optimal or acceptable working conditions.

The law applies to relationships from January 1, 2014. That is, companies have the right to clarify a previously submitted declaration. To do this, fill out a new form taking into account the changes, and write in the header that these are updated reporting.

The declared places may not be re-evaluated. The company will submit a new report, which will be valid for another five years. The benefit is valid provided that there are no accidents and occupational diseases. Otherwise, a new assessment is needed.

Change of the name of the employee, the name of the workplace, reorganization of the legal entity

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Special assessment of working conditions

Special assessment of working conditions is a single set of measures to identify harmful and dangerous factors of the working environment and assess the level of their impact on the employee, taking into account the deviation of actual values ​​from the established standards (clause 1 of article 3 of the Law of December 28, 2013 No. 426-FZ).

Based on the results of a special assessment, classes and subclasses of working conditions at the workplace of employees are established (clause 2 of article 3 of the Law of December 28, 2013 No. 426-FZ).

According to paragraph 3 of Article 3 of the Law of December 28, 2013, a special assessment of working conditions not carried out in a relationship:

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

The procedure for conducting a special assessment of working conditions is regulated by the Law of December 28, 2013 No. 426-FZ. Conducting a special assessment in relation to the working conditions of civil servants and municipal employees may additionally be regulated by federal and regional laws, other regulatory legal acts (clause 4 of article 3 of the Law of December 28, 2013 No. 426-FZ).

Even if employees constantly work at the customer's territory, and not on the territory of the enterprise, organization, it is still necessary to conduct a labor assessment, because this category of employees is not named in the list of employees for whom a special assessment of working conditions is not required. And the list is closed. Therefore, it is necessary to carry out such an assessment, and any employer must do this, without exception (clause 2 of article 8 of the Law of December 28, 2013 No. 426-FZ). Otherwise, without conducting a special assessment of work in relation to such employees, the organization will violate the requirements labor legislation... For this, administrative responsibility may threaten.

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Who is obliged to carry out a special assessment of working conditions and when

A special assessment of the working conditions of workers is required to be carried out by all employers, as well as those who have recruited employees.

Entrepreneurs without hired personnel are not employers, so they do not need to conduct a special assessment. But as soon as at least one employee appears on the staff, the entrepreneur will have to organize a special assessment of the newly created workplace.

Individuals without the status of individual entrepreneurs who have hired workers do not carry out a special assessment.

Note: Article 3 of Law No. 426-FZ.

in the absence during the period of its validity of the circumstances specified in part 5 of this article, the validity period of this declaration is considered extended for the next five years.

For 5 years, there have been no accidents and occupational diseases

Companies can evaluate jobs once with optimal and acceptable working conditions, and not every five years... Further, it is enough to include such places in the declaration of conformity. These and other amendments were introduced by Federal Law No. 136-FZ of 05/01/16, which is in force from 05/01/2016.

The new company did not conduct a special assessment

Special assessment needs to be carried out within six months from the date of commissioning of new jobs. This procedure follows from the provisions of Article 17 of the Law of December 28, 2013 No. 426-FZ.

Labor inspectors fined the company under article 5.27.1 of the Code of Administrative Offenses of the Russian Federation in the amount of 60,000 rubles. for the fact that she did not conduct a special assessment. The Supreme Court overturned the decision on the fine, because the inspectors did not take into account the specifics of the jobs provided for by the company's staffing table.

1. there are no jobs in the company that need to be assessed as soon as possible. These jobs are listed in part 6 Federal law dated 28.12.2013 No. 426-FZ.
2. the company has no reason to conduct an unscheduled special assessment. It is carried out in the cases established by the Federal Law dated December 28, 2013 No. 426-FZ.

The judges indicated that the company has the right to conduct a special assessment of its workplaces in stages. The main thing is to complete it by December 31, 2018.

Compensations and benefits are established based on the results of the SAUT (Article 7 of the Federal Law of December 28, 2013 No. 426-FZ "On special assessment of working conditions"). However, until a special assessment, benefits and compensation for work in harmful and dangerous conditions set to.

That is, in this situation, there can be solutions to the issue, namely:

1 ... Can independently attribute working conditions to harmful and establish compensation for employees on the basis of the list approved by the decree of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 No. 298 / P-22, and include the appropriate conditions in the employment contract. And after a special assessment, the employment contract will need to be amended based on the results of the assessment.

Right to early retirement employee depends on 2 conditions:

• recognition as harmful by the results of a special assessment of working conditions;
• the fact of payment of insurance premiums by the employer.

This rule applies from 01.01.2013. Accordingly, the question of including the period of work in the preferential length of service before the SAWS remains controversial, it is likely that the employee will need to defend his right in court. In this connection, SOUT should be carried out as soon as possible. If you indicate in the employment contracts of employees that their working conditions are harmful, you can include these positions in your “List of preferential professions, and you will need to deduct, as if a special assessment has not been carried out.

2 ... Can specify in the employment contract that the working conditions are acceptable, and do not establish compensation, but after a special assessment, amend the employment contract. However, in this case, this period of work will not be included in the length of service, which gives the right to early retirement.

It should be borne in mind that if working conditions are classified as harmful or dangerous, the employee will have the right to receive appropriate compensation from the moment he is hired for this workplace, and not from the moment the special assessment is completed. Accordingly, if an employee, for example, will be additional leave, he will rely for the entire period from the date of admission to this workplace.

Note: Some authors point out that in the absence of certification of workplaces and a special assessment, data on working conditions at the workplace do not need to be entered into an employment contract. However, this position contradicts the provisions according to which data on working conditions are mandatory for inclusion in any employment contract and no suspensive conditions when making these changes to Art. 57 of the Labor Code of the Russian Federation, the legislator did not introduce. From which it follows that the formal absence of a description of the working conditions at the employee's workplace is already a violation of labor legislation, for which the employer can be held liable.

It is necessary to carry out a special assessment of working conditions in temporary or seasonal workplaces

A special assessment of working conditions should be carried out even at temporary (created for a period of less than 12 months) or seasonal workplaces. The Ministry of Labor of Russia recalled this, as well as when to conduct the assessment, in a letter dated 20.08.17 No. 15-1 / OOG-2410.

At the workplaces of employees, except for homeworkers and "remote workers", a special assessment is mandatory. In this regard, the employer must carry out a special assessment, including at temporary or seasonal jobs. This can be done during the period of production activities at such places.

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The organization conducting the special assessment. Specialized Labor Appraiser

An organization that conducts a special assessment of working conditions must meet the following requirements:

• she must be an independent person in relation to the employer;
• in its statutory documents, a special assessment of working conditions should be spelled out as the main type of activity;
• accredited in the manner prescribed by the order of the Ministry of Health and Social Development of Russia dated April 1, 2010 No. 205n. The list of accredited organizations is published on the official website of the Ministry of Labor of Russia;
• the organization should have at least five experts who work under an employment contract and have an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert who has higher education in one of the specialties; doctor on general hygiene, occupational health doctor, doctor for sanitary and hygienic laboratory research;
• In the organisation there must be a testing laboratory(center), which is accredited by the national accreditation body of Russia in the manner prescribed by the legislation of the Russian Federation, and whose area of ​​accreditation is research (testing) and measurements of harmful and (or) hazardous factors of the working environment and labor process.

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 of workplaces is established by the Government of the Russian Federation.

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Special Assessment Commission

To organize and conduct a special assessment of working conditions, the employer needs to create a commission. The number of commission members must be odd. The employer also approves a schedule for a special assessment of working conditions. The employer approves the composition and procedure for the activity of the commission by order. The commission is chaired by the employer or his representative.

The composition of the commission for conducting a special assessment of working conditions, as a rule, includes:

• employer representatives. These can be heads of structural divisions, personnel specialists, medical workers;
• labor protection specialist;
• representatives of the elected body of the primary trade union organization.

The commission is headed by the employer or his representative (clause 4 of article 9 of the Law of December 28, 2013 No. 426-FZ).

How to form a commission to conduct a special assessment for a solo entrepreneur or organization with one employee director

If the entrepreneur or the organization does not have employees, then you will not have to create a commission at all. When there is at least one employee on the staff, the commission must consist of at least one person.

It is necessary to form a commission only when there is a duty to conduct a special assessment of working conditions. And this applies to all employers - organizations, entrepreneurs and citizens who have employees. That is, those who work on labor contracts(part 4 of article 20 of the Labor Code).

Therefore, if an entrepreneur works alone and he does not have hired personnel, then there is no need to conduct a special assessment. An entrepreneur is not an employer for himself. Therefore, you will not need to create a commission.

But if an entrepreneur has at least one employee, he is already considered an employer and, therefore, formally there is a duty to conduct a special assessment. The same goes for an organization that has, for example, one director who is employed. This only employee will be part of the commission that needs to be formed. The minimum number of participants in the commission is not established by law, it is only stipulated that there should be odd amount... When the only employee is the director, he will head the commission for conducting the special assessment, since he is the management body of the organization acting as the employer in labor relations (clause 2 of article 8, clause 1, 4 of article 9 of the Law of 28.12.2013 No. 426-FZ, part 8 of article 20 of the Labor Code).

Attention: in private explanations, Rostrud specialists allow not to form a commission for conducting a special assessment of working conditions if there is only one employee in the organization. This is logical.

After all, the commission is created precisely in order for its participants to jointly make a decision. And one person makes the decision alone. And therefore it makes no sense to form a commission. But we note that the law does not directly say about this, there are no official explanations from the department either. To avoid unnecessary disputes with the auditors, it is easier to write a "piece of paper" and issue an order for a special assessment, which should describe the composition of the commission.

If, to perform the functions of the labor protection service, the organization attracts specialists under a civil law contract, then these people will also be part of the commission. And again, the commission will be headed by a director - an employee of the organization. This is stated in clauses 1, 3 and 4 of article 9 of the Law dated 28.12.2013 No. 426-FZ.

The Commission determines the list of workplaces and criteria for assessing labor, which will be used for a special assessment of working conditions, indicating similar workplaces (clauses 5-7, article 9 of the Law of December 28, 2013 No. 426-FZ).

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Similar jobs

Jobs that simultaneously have the following features are recognized as similar:

• profession or position of the same name;
• fulfillment of the same professional duties while maintaining the same type of technological process in the same operating mode;
• use of the same type of production equipment, tools, fixtures, materials and raw materials;
• work in one or several similar premises;
• use of the same type of ventilation, air conditioning, heating and lighting systems;
• the same arrangement of objects (production equipment, Vehicle etc.) at the workplace;
• equal provision of personal protective equipment.

When identifying similar jobs, it is enough to carry out a special assessment of working conditions in relation to 20 percent of the total number of jobs, but not less than two. The results can then be applied to all identified similar jobs.

For similar workplaces, they fill out one card for a special assessment of working conditions and develop a single list of measures to improve the working conditions and safety of employees.

If, in the course of a special assessment of working conditions, at least one workplace is identified that does not correspond to the signs of similarity, out of the number of workplaces previously recognized as similar, then a special assessment is carried out at all workplaces previously recognized as similar.

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The procedure for conducting a special assessment of working conditions

According to article 8 of the Law of December 28, 2013 No. 426-FZ, a special assessment of working conditions is carried out in accordance with the Methodology approved by the Ministry of Labor of Russia. Frequency of assessment: at least once every five years unless otherwise provided by the legislation of the Russian Federation. The specified period is calculated from the date of approval of the report on the special assessment of working conditions.

Some workplaces are subject to a special procedure for conducting a special assessment of working conditions. The list of such jobs was approved by Decree of the Government of the Russian Federation No. 290 dated April 14, 2014. And the procedure for conducting a special assessment will be approved by the Ministry of Labor of Russia during 2014.

The results of the studies (tests, measurements) are drawn up in protocols in relation to each of the harmful and (or) hazardous production factors that are subjected to such operations.

Based on the results of such studies (measurements), the expert classifies the working conditions at the workplace to the appropriate classes (subclasses).

Is it necessary to carry out a special assessment of working conditions if, as of January 1, 2014, the organization carried out certification of workplaces? In general, it is not necessary. If before January 1, 2014, the organization carried out certification of workplaces for working conditions, then in general order a special assessment of working conditions in relation to such workplaces may not be carried out within five years from the date of completion of this certification. The results of this certification of workplaces can be used for the purpose of a special assessment of working conditions. That is, if the organization carried out routine certification, for example, in 2013, then working conditions will need to be assessed according to the new rules only in 2018. Exceptions are cases when the employer needs to conduct an unscheduled assessment (clause 1 of article 17 of the Law of December 28, 2013 No. 426-FZ).

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Phased special assessment of working conditions, assessment for temporary jobs

For some jobs, special assessments may be carried out in stages. These are the jobs:

• employees whose professions, positions and specialties are not included in the lists, taking into account which an early retirement pension is assigned;
• working conditions in which are not recognized as harmful or dangerous.

It is necessary to complete the phased special assessment by December 31, 2018 (part 6 of article 27 of the Law of December 28, 2013 No. 426-FZ).

A phased approach involves carrying out a special assessment in relation to not all jobs at once, but only part of them. The list of such jobs is determined by the commission.

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Unscheduled special assessment of working conditions

Article 17 of the Law of December 28, 2013 No. 426-FZ says that an unscheduled special assessment of working conditions should be carried out in the following cases:

1. commissioning of newly organized workplaces;
2. receiving an order from the state labor inspector to conduct an unscheduled assessment in connection with violations revealed during the inspection by the labor inspectorate;
3. changes in the technological process, replacement of production equipment that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
4. changes in the composition of the materials and (or) raw materials used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
5. changes in the personal and collective protective equipment used that can affect the level of exposure to harmful and (or) hazardous production factors on workers;
6. an industrial accident occurred at the workplace (with the exception of an industrial accident caused by the fault of third parties) or identification occupational disease, the reasons for which was the impact on the employee of harmful and (or) hazardous production factors;
7. availability of motivated proposals from elected bodies of primary trade union organizations or another representative body of employees on the conduct of an unscheduled special assessment of working conditions.

An unscheduled special assessment of working conditions is carried out at the relevant workplaces within 12 months from the date of occurrence of the cases from paragraphs 1 and 3. If we are talking about the circumstances from paragraphs 2, 4-7, then the unscheduled special assessment is carried out within six months from the date of the relevant circumstances.

If the surname (name, patronymic) of the employer-entrepreneur has changed or the employer has been reorganized and the events from points 3-5 and 7 have not occurred, the special assessment can be omitted.

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Special assessment of working conditions: is it necessary to carry out at temporary workplaces

At the newly organized workplace, an unscheduled special assessment of working conditions must be carried out. Moreover, it does not matter for how long this job is created. Letter of the Ministry of Labor dated 07.06.2017 No. 15-1 / OOG-1568

It is possible only in relation to the working conditions of homeworkers, teleworkers and workers who have entered into labor relations with employers-individuals who are not individual entrepreneurs.

Therefore, at the newly organized workplaces of employees who do not belong to any of these categories, an unscheduled special assessment is mandatory. Including in the case when it comes to a temporary job (i.e. created for a period of less than 12 months). If the special assessment is not carried out, the employer faces, at least, a warning, and in case of a less favorable outcome, a fine in accordance with (clause 2 of article 5.27.1 of the Administrative Code).

In case of relocation of workplaces, it is necessary to carry out their unscheduled special assessment

If the employee's workplace is moved from one premises to another, the employer is obliged to carry out unscheduled inspection working conditions at the new workplace. This was recalled by the Ministry of Labor of Russia in a letter dated 02.11.17 No. 15-1 / OOG-2982. (format.doc)

Under commissioning newly organized jobs it should be understood the start date at these workplaces full-time production process, which was previously not carried out by the employer in the new premises.

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PENALTIES, Liability for not conducting a special assessment of working conditions 2019

Immediately they will not be fined for the lack of a special price

Before imposing a fine for violating the requirements for a special assessment of working conditions, labor inspectors will send a warning to employers.

Note: Clarifications of the Ministry of Labor dated 01/16/2019

The warning will indicate the period during which it is required to eliminate possible deficiencies. And only if the employer does not listen to the "advice" of the labor inspectorate, he will be brought to administrative responsibility.

Legal address of the company - residential apartment

But no one is registered in it. Employees use the home as an office. The organization did not conduct a special assessment. Will she be fined?

Yes, a fine is possible. The employer has the right not to evaluate the workplaces of homeworkers and telecommuters [p. 3 tbsp. 3 of the Federal Law of 28.12.2013 No. 426-FZ]. Homeworkers are workers who work at the place of permanent or temporary registration. The telecommuting worker must work outside of the employer's location.

If the company's office is in an apartment where no one is registered, employees will not be homeworkers or telecommuters. This means that until December 31, 2018, it was necessary to assess the workplaces of employees in the apartment, which is actually used as a non-residential premises [p. 6 tbsp. 27 of Law No. 426-FZ]. There are no grounds for a fine only if the company organized jobs less than 12 months ago [sub. 1 p. 1, p. 2, art. 17 of Law No. 426-FZ].

The company filed for liquidation in January 2019. I did not carry out a special assessment. Can she be fined?

Yes they can. The Code of Administrative Offenses does not prohibit the initiation of administrative proceedings during the period when the company made a decision to liquidate, but it has not yet been excluded from the Unified State Register of Legal Entities. Labor inspectors have the right to fine the organization in the amount of up to 80 thousand rubles. [h. 2 tbsp. 5.27.1 Administrative Code].

If the organization does not conduct a mandatory special assessment of working conditions, this will be a violation of labor legislation. In 2019, administrative liability for violation of labor protection legislation was established, which directly establishes liability for violation by the employer of the procedure for conducting a special assessment of working conditions or its failure:

• Organizations: warning; a fine from 60 to 80 thousand rubles; a fine from 100 to 200 thousand rubles or suspension of activities for up to 90 days (in case of a repeated violation);
• Individual entrepreneurs: a warning; a fine from 5 to 10 thousand rubles; a fine from 30 to 40 thousand rubles or suspension of activities for up to 90 days (in case of a repeated violation).
• Officials: a warning; a fine from 5 to 10 thousand rubles; a fine from 30 to 40 thousand rubles or disqualification for a period of 1 to 3 years (in case of a repeated violation).

In order to monitor the employer's compliance with the above-mentioned Federal Ministry of Labor of Russia, together with Rostrud, in 2019 it is planned to implement a mechanism for preventing violations mandatory requirements legislation on the special assessment of working conditions.

The essence of this control mechanism is to send a warning to the employer about the inadmissibility of violation by the employer of labor protection requirements. The warning sets a deadline for the elimination of a possible violation.

And only if the employer fails to comply with this warning, the mechanism of administrative consideration of the offense is activated, followed by the imposition of sanctions on the employer, provided for by the provisions of Article 5.27.1 of the Administrative Code.

The proposed approach will allow a conscientious and responsible employer to eliminate the violation without imposing fines on it.

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What inspectors forget when they fine companies for not carrying out an SOUT

The Supreme Court in its Resolution dated 09.08.2016 No. 57-AD16-5 overturned the decisions of the courts of general jurisdiction on the legality of imposing a fine in the amount of 60 thousand rubles on a society that did not pass a special assessment.

The norms of the law on SOUT allow the specified procedure to be carried out in stages and to be completed by 31.12.2018. There are exceptions.

Firstly, this order does not apply to jobs with harmful and dangerous factors, as well as specialties that give the right to early retirement. In addition, the law provides for unplanned SAWS.

However, the inspector, when imposing a fine, did not investigate whether the specified jobs are on the staff of the society. Also, the supervisors did not check whether there was a reason for an off-plan assessment. This was the reason for the cancellation of the fine.

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Methodology for a special assessment of working conditions

The methodology for conducting a special assessment of working conditions was approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n. It establishes the requirements for the procedures that must be performed by a specialized organization that provides services for conducting a special assessment of working conditions. According to Part I of the Methodology, such procedures include:

• identification of potentially harmful and (or) hazardous production factors (part II of the Methodology approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n). The classifier of harmful and (or) hazardous production factors is given in Appendix 2 to the order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n;
• research (testing, measurement) of harmful and (or) hazardous production factors (part III of the Methodology approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n);
• assignment of working conditions at the workplace according to the degree of hazard and danger to the class (subclass) of working conditions based on the results of studies (tests, measurements) of harmful and (or) hazardous production factors (Part IV of the Methodology approved by order of the Ministry of Labor of Russia dated January 24, 2014 . No. 33n);
• registration of the results of the special assessment (part V of the Methodology approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n).

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Classes of working conditions

According to the degree of hazard and hazard, working conditions are divided into four classes:

• 1st grade - optimal working conditions. It includes working conditions in which there is no impact on the employee of harmful and (or) hazardous production factors or the levels of exposure of which do not exceed the levels established by the standards of working conditions and accepted as safe for humans, as well as prerequisites are created to maintain a high level of employee performance ;
• 2nd class - acceptable working conditions. These are conditions under which an employee is exposed to harmful and / or dangerous production factors, the exposure levels of which do not exceed the levels established by the standards of working conditions, and the altered functional state of the employee's body is restored during regulated rest or by the beginning of the next working day (shift);
• 3rd class - harmful working conditions. This includes such working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards of working conditions;
• 4th grade - hazardous working conditions. It is on working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which during the entire working day (shift) or part of it can pose a threat to the life of the employee, and the consequences of exposure to these factors determine high risk the development of an acute occupational disease during the period of work.

In turn, the 3rd class of harmful conditions has the following subclasses:

• subclass 3.1 - harmful working conditions of the 1st degree. This includes working conditions under which the employee is exposed to harmful and (or) hazardous production factors, after which the altered functional state of the employee's body is restored, as a rule, when the effect of these factors is longer than before the beginning of the next working day (shift). and the risk of damage to health increases;
• subclass 3.2 - hazardous working conditions of the 2nd degree. It includes working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which can cause persistent functional changes in the employee's body, leading to the emergence and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of occupational disability ) arising after prolonged work in such conditions: 15 and more years;
• subclass 3.3 - harmful working conditions of the 3rd degree. This includes working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which can cause persistent functional changes in the employee's body, leading to the emergence and development of occupational diseases of mild and moderate severity (with loss of occupational ability to work) during the period labor activity;
• subclass 3.4 - harmful working conditions of the 4th degree. It includes working conditions under which an employee is affected by harmful and (or) hazardous production factors, the levels of exposure of which can lead to the emergence and development of severe forms of occupational diseases (with loss of general working capacity) during the period of employment.

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Registration of the results of the assessment of working conditions

The procedure for the formation of the assessment results is provided for in Article 15 of the Law of December 28, 2013 No. 426-FZ. A specialized organization that provides services for conducting a special assessment of working conditions draws up a report on its implementation (Article 15 of the Law of December 28, 2013 No. 426-FZ). The form of the report on the special assessment of working conditions and instructions for filling it out were approved by order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n.

The report on the special assessment of working conditions is signed by all members of the commission, and approved by its chairman. Each member of the commission who does not agree with the results of the assessment has the right to state in writing a reasoned dissenting opinion, which is attached to this report.

The employer is obliged to familiarize employees with the results of a special assessment of working conditions at their workplaces under their signature. You need to do this within thirty calendar days from the date of approval of the report on the special assessment of working conditions, not later. This period does not include periods of temporary disability of the employee, his being on vacation or a business trip, as well as periods between shifts.

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Use of assessment results

What should the employer do based on the results of the labor special assessment? Based on the results of the approval of the special assessment report, the employer will need:

• familiarize employees with the assessment results (clause 4, part 2, article 4 of Law No. 426-FZ);
• post the results on your website, if available (part 6 of article 15 of Law No. 426-FZ);
• inform the FSS of information on the results of the special assessment (subparagraph 18, paragraph 2, article 17 of the Federal Law of 24.07.98 No. 125-FZ "On compulsory social insurance against industrial accidents and occupational diseases").

If the company has conducted a special assessment, it may have to amend the employment contracts with employees.

It is necessary to amend the employment contract with the employee if the working conditions at his workplace have changed. For example:

1. when concluding an employment contract, working conditions were optimal or acceptable (confirmed by the results of certification of workplaces), and according to the results of a special assessment, they were recognized as harmful or dangerous;
2. working conditions were harmful or dangerous (confirmed by the results of certification of workplaces), and according to the results of a special assessment, they were recognized as optimal or acceptable.

In the first case, the employer is obliged to provide the employee with guarantees and compensation for work in new working conditions, and in the second, the employee is deprived of guarantees and compensation for work in harmful or dangerous working conditions.

How to properly draw up an additional agreement with employees who have been identified as having harmful working conditions?

The organization in the described situation must conclude additional agreements to labor contracts with employees. Reflect in them: characteristics of working conditions at workplaces, working hours, increased wages for work in harmful conditions, the procedure for granting and duration of additional paid leave; provision of therapeutic and prophylactic nutrition, compulsory medical examination etc.

How to correctly issue an order on the organization on the results of the conducted SOUT

There are no requirements in the Law on the content of the order, which is issued based on the results of a special assessment. Therefore, the company has the right to reflect in it the information it deems necessary.

In certain cases, employers must declare that their workplaces comply with established rules and regulations and are not harmful or dangerous to employees. That is, if at the stage of IDENTIFICATION of potentially harmful and (or) hazardous production factors (see above the stages of the special assessment of working conditions), the presence is NOT DETECTED, then you will need to issue a declaration of conformity of working conditions (part 1 of article 11 of Law No. 426-FZ) and the procedure for filling it out was approved by order of the Ministry of Labor of Russia dated 02/07/14 No. 80n, which began to operate on June 8, 2014.

Attention!

If in establishing based on the results of studies (tests) and measurements of harmful and (or) hazardous production factors at workplaces of optimal and acceptable working conditions(Grades 1 and 2, respectively) declaration of the compliance of working conditions with state regulatory requirements is not carried out (Letter from the Ministry of Labor of the Russian Federation).

In accordance with article 7 of the Law of December 28, 2013 No. 426-FZ, the results of a special assessment can be used, in particular, for the following purposes:

• development and implementation of measures to bring working conditions in line with the regulatory requirements of labor protection;
• providing employees with personal protective equipment, as well as collective protective equipment;
• definitions to the Pension Fund of the Russian Federation;

An assessment of working conditions is necessary at all workplaces with the exception of homeworkers and those employees who work for citizens who are not entrepreneurs, as well as remotely.

But in many organizations, employees are employed in similar working conditions, perform their duties on the same equipment, and are exposed to the same harmful factors. Therefore, the lawmakers reasoned logically that there was no need to subject all such places to research. In addition, by excluding some jobs from the mandatory survey, they somewhat reduced the costs of employers for this procedure. After all, for the examination of each place you have to pay separately.

Thus, in the order of the Ministry of Health and Social Development of Russia dated August 31, 2007 No. 569 "On the approval of the procedure for certification of workplaces for working conditions" the term "similar workplace" first appeared. Then, in a slightly modified form, it migrated to the order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n (hereinafter - Order No. 342n). The term has not lost its relevance even now, when the Federal Law of December 28, 2013 No. 426-FZ "On Special Assessment of Working Conditions" came into effect.

What has changed in the concept of a similar workplace?

Part 6 of Article 9 of Federal Law No. 426-FZ of December 28, 2013 "On Special Assessment of Working Conditions" (hereinafter referred to as Law No. 426-FZ) also contains a definition of a similar workplace. What has changed compared to the definition that was used earlier?

Table. Comparative table of signs of similarity of jobs

As you can see from the signs of similar jobs, the following are excluded:

• the same set of harmful and dangerous factors of the same class and degree of hazard;
• the same, as a rule, the location of objects (production equipment, vehicles, etc.) at the workplace.

In addition, the concept of a set of features has disappeared.

These changes make the task of identifying similar jobs somewhat easier. Previously, if attestation was carried out for the first time, and production factors were not measured (i.e., classes of working conditions were not defined), this meant that one sign of similarity was no longer there. And Order No. 342n required all signs to be present.

How now to carry out a special assessment of similar jobs

As before, a special assessment is carried out by an organization or an expert. Having established the existence of similar jobs, the inspector conducts research on 20 percent of them. However, their number must be at least two. The results of this assessment apply to all similar sites identified.

For similar jobs, one special assessment card is filled out, and a single list of measures is developed to improve working conditions.

If at least one workplace, previously recognized as similar, does not meet these criteria, it will be necessary to carry out a special assessment of all such places.

Law No. 426-FZ does not mention the word “aggregate”, but it is implied. Therefore, the premises in which workers of different professions (positions) work cannot be considered as one workplace. Here we can only talk about the number of dimensions.

If the professions (positions) of employees are different, it means that the labor function of these employees is different. Consequently, they cannot be recognized as similar and each of these places must pass a special assessment, then a special assessment of working conditions card is drawn up for each of them.

For example, in a situation when a general practitioner works in an office at one desk from 8.00 to 14.00, and an endocrinologist works in the same office at the same table from 14.30 to 19.20. The list will include two jobs: an endocrinologist and a general practitioner. If we consider the signs of similarity, then it is clear that the titles of positions are already different, the mode of work is different. The fact that these employees work in the same room at the same table speaks only of the number of measurements, for example, microclimate parameters.

In addition, according to the new research methodology, a number of measurements have been abolished. They will be carried out only in relation to those factors that are identified by the expert, that is, the coincidence of the factors available at the workplace with their names provided for by the Classifier is established (approved by order of the Ministry of Labor of Russia No. 33n dated January 24, 2014).

So, they do not measure natural light. The microclimate parameters will be measured if the workplace has equipment that is a source of heat or cold. The assessment of the severity and intensity of labor will also be carried out not for all workers, as it was before, but only for certain categories. For example, the severity will be assessed where labor is associated with lifting and moving loads manually, or work is performed in a forced position: standing or when moving in space over a distance of more than 5 km. Labor intensity will be assessed at the workplaces of dispatchers, operators, drivers, etc.

The decision to carry out measurements is taken by the commission for a special assessment of working conditions on the basis of the opinion of the organization's expert. The commission carries out a special assessment and draws it up based on the results of identification. The expert enters the identification results into the protocol, which is approved by the commission. At the same time, a new list of workplaces is being drawn up, where the special assessment was carried out.

Most Necessary Regulations

Remember the main thing

1 The following are excluded from the signs of similar workplaces: the same set of harmful and dangerous factors of the same class and degree of hazard, as well as the same location of objects (production equipment, vehicles, etc.) at the workplace.

2 As before, research should be done on 20 percent of similar jobs, but not less than two. The results of this assessment apply to all similar sites identified.

3 If the professions (positions) of employees are different, it means that the labor function of these employees is different. Consequently, they cannot be recognized as analogous and each of these places must pass a special assessment, respectively, and a card for a special assessment of working conditions is drawn up for each of them.

Labor (SOUT - Special Evaluation, - Ed.) Are trying to adjust the existing staffing table, hiding the real number of employees in order to save money. They combine one position with another, reduce the number of jobs, remove “unwanted” positions. As a result: inaccurately submitted information is incorrect SOUT results... If inaccuracies in the documents on the special assessment are revealed during inspections by the state labor inspector, the employer will be brought to administrative responsibility, first of all, since incorrect information can cost people their lives and health. You can, of course, ask the question of the organization conducting the SAUT, but its cause is right: how many jobs were announced, they were checked. And in case of particularly dissatisfied: “Here is a copy of the certified staffing table signed by the head and the seal of the organization, what other claims can there be? "

It is not worth hiding and changing the staffing of employees. Moreover, if you find similar jobs, you can also save a lot on SOUT without violating the requirements of the law. What are these places and how to identify them among the available jobs?