The composition of the commission for the conduct of the sout is included. Order for a special assessment of working conditions. Souting and resolving disputes with employees of the organization

Composition of the Commission for Conducting a Special Assessment of Working Conditions

Fedorova M.V.		head of the institution (chairman of the commission)
Milovzorova E.L.		Senior educator (deputy chairman of the commission)
Arsenyeva T.N.		educator
Nyrkova E.L.		Educator of the branch at st. Cabozha
Savina V.V.		Head of the household (secretary of the commission)
Kozlova N.V.		Head of the economy of the branch at st. Cabozha
Chudakova N.A.		STK Chairman

Appendix 8

APPROVED BY by order of the head dated ___.___. 2014 No. ____

The order of activity of the commission for carrying out a special assessment of working conditions

1. This Procedure regulates the activities of the commission for conducting a special assessment of working conditions in the Municipal Autonomous Preschool educational institution « Kindergarten" With. Levoca (hereinafter, respectively, commission, institution).

2. The Commission performs the following functions:

1) prepares and approves a list of workplaces where a special assessment of working conditions will be carried out, indicating similar workplaces;

2) selects an organization that meets the requirements of Article 19 of the Federal Law "On special assessment working conditions ";

3) prepares a draft civil law contract specified in part 2 of article 8 of the Federal Law "On special assessment of working conditions" for signing;

4) submit to the head of the institution a draft schedule for a special assessment of working conditions for approval;

5) provides access for experts of the organization conducting a special assessment of working conditions to workplaces;

6) approves the results of identification of potentially harmful and (or) dangerous production factors carried out by an expert of an organization conducting a special assessment of working conditions;

7) in the event that harmful and (or) hazardous production factors at the workplace are not identified, recognizes the working conditions at this workplace as permissible;

8) in the event that harmful and (or) hazardous production factors at the workplace are identified, makes a decision to conduct research (tests) and measurements of these harmful and (or) hazardous production factors in the manner prescribed by Article 12 of the Federal Law "On Special Assessment working conditions ";

9) forms a list of harmful and (or) hazardous production factors subject to research (testing) and measurements;

10) consider the report on the special assessment of working conditions, which is then signed by all members of the commission and approved by the chairman of the commission;

3. The date, time and place of the next meeting of the commission are determined by the chairman (deputy chairman). By his decision, interested persons may be present at the meeting of the commission.

4. The secretary of the commission in advance, but no later than three working days before the day of the meeting of the commission, informs the members of the commission in writing about the date, time and place of the meeting of the commission.

5. The meeting of the commission is held by the chairman of the commission, and in his absence - by the deputy chairman of the commission.

6. The decisions of the commission are made in the manner prescribed by article 181.2. Civil Code Russian Federation... These decisions are taken by open vote, unless otherwise provided by law.

7. A member of the commission who does not agree with the results of the special assessment of working conditions has the right to state in writing a motivated dissenting opinion, which is attached to the report on the special assessment of working conditions.

According to the algorithm for the implementation of the special assessment, there is a significant difference from the algorithm of its predecessor, that is, the AWP. Previously, certifying organizations, after the completion of mandatory studies and measurements, became participants in special assessments. Now their participation in such meetings is not provided, it is enough to provide the results, formalized and approved in accordance with the standards. Now it is important to answer the question of who is a member of the SOUT commission, since many issues are to be resolved by them.

The new legislation on special assessment provides for new regulatory requirements for the composition of the commission for its implementation, as well as for the procedure for the activities of such formations. They are as follows:
... Proper organization and implementation of SOUT, the employer must form a commission, which provides for the introduction of an odd number of members, as well as approve a schedule covering all areas of this procedure;
The commissions for SOUT consist of representatives of the employer himself (the participation of an occupational safety specialist is mandatory), an elected trade union body or another representative body of workers (if any). The approval of both the composition and the procedure for the activities of the commission is carried out by an order (order) of employers. Everything must comply with the requirements of the Federal Law for a special assessment;
For employers who, according to the legislation of the Russian Federation, relate to small business, it is envisaged to create commissions for a special assessment as part of the employer, that is, personally a private entrepreneur, the head of an enterprise, his other authorized representatives or a specialist whom he engages under civil law contracts to perform the functions of the OT service , as well as representatives of elected bodies of trade union primary organizations, or representative bodies of workers;
The created commission for the implementation of the special assessment should be headed by the employers themselves or their representatives, endowed with the necessary powers.
The entry into the commission of representatives, as well as of experts involved in the SOUT of organizations, is not provided for by law.

If the commission will have to deal with an extremely important labor protection procedure, such as a special assessment of working conditions, then their formation must be treated responsibly. After all, their efficient operation, fully complying with the laws and norms of labor protection legislation, will become the basis for the implementation of the results obtained in life.

Everything related to the activities of such commissions on special appraisal should be reflected in the orders issued at the enterprises. The legislator does not yet provide for its specific form and content. It is enough to have it in any form. It is important for an employer to learn: what kind of commission you approve, how you organize its functioning, this is the result you will have in the end.

The commission for a special assessment of working conditions is appointed by the employer. before the start of the SOUT procedure. Its composition is regulated by Federal Law No. 426-FZ dated December 28, 2014, according to which the commission includes members of the commission and the chairman (director of an organization, enterprise or person holding leadership position). The members of the commission can be employees of a middle-level enterprise, including specialists in labor protection.

When choosing the composition of the commission, a meeting is held, during which the minutes of the general meeting are drawn up labor collective on the appointment of its members to the commission. At the same time, it is desirable that the members of the commission have a certificate of attestation in labor protection. The composition of the commission is approved by an internal order of the employer.

The main functions of the SOUT commission are:

• Determination of workplaces to be checked;
• Carrying out measurements for the presence of hazardous factors;
• Decision to decrease or increase the hazard class of the workplace;
• Approval of the results of the special assessment.

In the process of fulfilling its duties, the commission for a special assessment of working conditions forms a set of regulatory documents, approves the work schedule, gives the name of the professions, according to the staffing table in accordance with the all-Russian classifier, develops a set of measures to improve working conditions at workplaces where threats to the health and / or life of workers have been identified.

Special rules are available for small businesses with up to 50 employees. Since the staff of such organizations, as a rule, does not have a labor protection specialist, the commission includes an involved labor protection specialist under a civil law contract. If the commission does not have such a specialist, the special estimate will be considered invalid.

Involvement of experts on SOUT

Specialized third-party organizations may be involved in carrying out SOUT at the enterprise. The main activity of LLC AC "SOUT"Is the provision of this type of service in Moscow in accordance with Federal Law No. 426-ФЗ dated 28.12.2013" On special assessment of working conditions ".

The staff of our company employs experienced experts. The implementation of SOUT is a specific and narrowly focused activity that requires special knowledge and skills. An expert on a special assessment of working conditions, in addition to consulting, carries out the following activities:

• Establishes and identifies all factors present in the workplace and representing potential danger and harm;
• Reveals non-compliance with the norms, conducting research in accordance with the methodology established by the normative;
• Performs the classification of identified hazardous and hazardous places;
• Declares the results in a special report.

All activities carried out by our experts are carried out in accordance with the agreement and the legal framework governing the activities of experts on SOUT. For cooperation, you can contact us by phone or by sending a request through the form on this website.

Taking into account the requirements of Art. 212 of the Labor Code of the Russian Federation, art. 9 of the Federal Law of the Russian Federation of December 28, 2013, a commission is created for a special assessment of working conditions. A commission for a special assessment of working conditions is appointed by the employer prior to the start of a special assessment of working conditions (SAWC). The main functions that it carries out are the organization and implementation of the SAUT together with an accredited organization. The participation of the commission in the process of conducting a special assessment is limited to an organizational and supervisory role, appraisal activity is carried out by an expert organization involved in carrying out a special assessment.

The list of duties of the commission on SOUT:

• determination of workplaces subject to special appraisal;
• approval of the results of the special assessment (absence or presence of hazardous factors, their class and subclass);
• making a decision on taking measurements (or their impossibility) at workplaces;
• decision on the possibility of class / subclass downgrade when using PPE or after carrying out various occupational safety measures;
• approval of the SOUT report.

Thus, before the assessment, the commission determines which places will be analyzed during the SAWS, monitors the compliance of the experts' actions with the norms. After the completion of the SOUT process, the commission approves the results and decides on their further use.

The composition of the commission for a special assessment of working conditions is determined by the Federal Law of the Russian Federation of December 28, 2013 No. 426 - FZ

The commission is appointed by order of the employer. The chairman of the commission is appointed general manager or another high-ranking person of the enterprise, members of the commission - representatives of the employer:

• labor protection specialist (see Labor Code of the Russian Federation Art. 217);
• trade union representatives (if any);
• representatives of another representative body of employees;
• heads of structural divisions, personnel specialists, medical professionals, etc.

It is important for employers to take into account that the number of members of the commission, including the chairman, should not be odd. The specific number of members of the commission for carrying out the SAWS will be determined taking into account the staffing table of the employer.

For individual entrepreneurs and organizations that have only one employee per staff, it is allowed to create a commission for SOUT from one employee, which is explained by a letter from the Ministry of Labor of the Russian Federation.

Special rules apply to small businesses (the number of employees in an organization does not exceed 50 people). Such companies usually do not have a full-time employee such as an OSH specialist. Then the commission includes an employee who is engaged in labor protection in this organization. According to the Labor Code, it is possible to use an outsourced OT specialist under a civil law contract.

If the commission does not have a labor protection specialist, it is considered that the special assessment was carried out with violations. And therefore, its results cannot be applied.

A sample order on the creation of a commission for a special assessment of working conditions.

The Commission is responsible for the results of the SAWS and their further application.

The second important document, without which the special assessment will not take place, is the schedule for the SOUT. Its binding is determined by the above-mentioned Article 426-FZ.

The graph is step by step plan conducting SAUT, which is drawn up as a separate document or annex to the order.

Insofar as preparatory activities require a lot of time, it is recommended to draw up a schedule "with a margin" so that later on to keep up with the target date, in a timely manner to eliminate all identified violations.

The document can be developed independently, or you can take a sample of the schedule as a basis by downloading it on the page with the order for SOUT. Since there is no unified schedule for the timing of individual stages of the SAWS, when drawing up a schedule, one should start from the specifics of a particular production: the total workplaces, working conditions, shifts, working hours of the enterprise, etc. At the same time, the schedule reflects all the activities carried out within the framework of the special assessment - with an indication of the planned time frame for the implementation of each of them.

From the article you will learn:

1. How to prepare and document a special assessment of working conditions.

2. What stages does the process of conducting a special assessment of working conditions consist of, what are the functions of the employer in this process.

3. How the results of a special assessment of working conditions are drawn up and where they need to be reflected.

4. What legislative and regulations be guided by a special assessment of working conditions.

According to paragraph 3 of Art. 9 of Law No. 426-FZ, the commission for a special assessment of working conditions must include a labor protection specialist. However, not every employer has such a specialist, what should be done in this case? In accordance with the Labor Code of the Russian Federation (Article 217), if the employer carries out production activities and the number of employees exceeds 50 people, then he must have a labor protection service or a dedicated labor protection specialist. If the number of employees does not exceed 50 people and in the absence of a separate service or specialist, the employer (individual entrepreneur or the head of an organization) can assume the functions of labor protection, or transfer these functions to another employee, a third-party specialist or organization engaged under a civil of a legal nature and providing labor protection services. Thus, in some cases, it is allowed to impose labor protection duties directly on the head ( individual entrepreneur), however, regardless of who is appointed in charge, labor protection documents must be available and properly executed.

! Note: before carrying out a special assessment of working conditions, it is necessary to put in order the documentation on labor protection (register of instructions on fire safety etc.) since representatives of a specialized organization conducting a special assessment of working conditions may request these documents. I consider it inappropriate to describe in detail the entire set of documents and the procedure for filling them out in this article, if necessary, you can find the corresponding orders and recommendations of the Ministry of Labor of Russia (for example, “ Guidelines on the development of instructions for labor protection "from 13.05.2004). However, at a minimum, an order is required to appoint a person responsible for labor protection, as we found out, he can be a full-time specialist or labor protection service, an involved specialist or organization, or the manager himself (an individual entrepreneur).

2. Determination of jobs subject to special assessment.

The Commission determines the list of jobs for which a special assessment of working conditions will be carried out, and also identifies similar jobs. If there are similar jobs, a special assessment is made for 20 percent of those jobs (but not less than two), and the results are applied to all similar jobs.

Similar jobs are jobs that are located in the same type of production premises, equipped with the same (same type) ventilation, air conditioning, heating and lighting systems, in which employees work in the same profession, position, specialty, carry out the same labor functions in the same working hours when maintaining the same type technological process using the same production equipment, tools, fixtures, materials and raw materials and provided with the same means individual protection(Clause 6. Article 9 of Law No. 426-FZ). For example, if two accountants work in the same office under the same conditions, then these places are considered similar. However, if a lawyer works in the same office in exactly the same conditions, then workplace a lawyer is not the same as an accountant's workplace, as they have different positions.

! Note: before concluding a contract with an organization conducting a special assessment of working conditions, it is necessary to check staffing table other personnel documents (employment contracts, job descriptions etc.). The fact is that a special assessment is carried out in relation to the employer's workplaces, the number and composition of which are determined precisely according to the staffing table. First of all, the specialized organization will request the staffing table and, in accordance with it, determine the composition of the jobs to be checked, and, accordingly, the cost of its services. That is, it is in the employer's interests that the staffing table (its latest revision) is up-to-date, so that there are no “extra” positions (which, for example, were previously, but then they were abolished or renamed, etc.). But at the same time, if you plan to create new jobs (new department, new positions) in the near future, then it is advisable to create them and introduce them before carrying out a special assessment of working conditions, since if this is done later, it will become necessary to conduct an unscheduled special assessment working conditions (Art. 17 of Law No. 426-FZ).

3. Conclusion of an agreement with a specialized organization for a special assessment of working conditions.

Please note: a specialized organization must meet certain requirements established by law (Article 19 of Law No. 426-FZ).

4. Conducting by a specialized organization the identification of potentially harmful and (or) hazardous production factors and their measurement (if such factors are identified).

5. Declaration of conformity of working conditions with state regulatory requirements for labor protection.

For workplaces where no hazardous factors have been identified, the employer submits a labor inspection declaration of conformity of working conditions with state regulatory requirements for labor protection.

The form and procedure for submitting the declaration are established by Order of the Ministry of Labor of Russia dated 02/07/2014 No. 80n "On the form and procedure for submitting a declaration of conformity of working conditions to state regulatory requirements for labor protection, the Procedure for forming and maintaining a register of declarations of conformity of working conditions to state regulatory requirements for labor protection".

! note The declaration of conformity for working conditions is valid for five years. After this period, in the absence of accidents at work during the period of validity of the declaration (except for those that occurred through the fault of third parties) or identification occupational diseases caused by exposure of the employee to harmful factors, the validity period of this declaration is extended for the next five years.

6. Distribution of jobs by hazard classes and subclasses.

In relation to workplaces for which hazardous factors have been identified, a specialized organization conducting a special assessment carries out their assignment to the appropriate classes and subclasses of hazard (hazard). The characteristics of the classes and subclasses of hazard are given in Art. 14 of Law No. 426-FZ. It is on the basis of this information that additional rates of insurance premiums in the Pension Fund of the Russian Federation are established in the future.

7. Drawing up a report.

Based on the results of a special assessment of working conditions, the specialized organization draws up a report on its implementation and transmits the report to the employer's representatives.

The information to be reflected in the report is listed in clause 1 of Art. 15 of Law No. 426-FZ. The report is signed by all members of the employer's commission and approved by the chairman of the commission. In addition, within thirty days from the date of approval of the report, it is necessary to familiarize all employees with the results of the special assessment of working conditions, as well as post the summary results of the special assessment on the employer's website, if any (clauses 5, 6, article 15 of Law No. 426-FZ) ...

! Note: the fact of a special assessment of working conditions, as well as its results, must be reflected in the 4-FSS report in table 10 (you can download the report form and the procedure for filling it out, and read about the changes in the 4-FSS form since 2014).

So, we examined the procedure for conducting a special assessment of working conditions. Now, I hope you have a clear idea of ​​how the special assessment is carried out, what to pay special attention to when preparing for it and directly in the process. Well, in the next article we will deal with, perhaps, the most urgent issue for an accountant, related to a special assessment of working conditions - how to take into account the costs of its implementation.

If you find the article useful and interesting - share it with your colleagues on social networks!

If you have comments and questions - write, we will discuss!

Yandex_partner_id = 143121; yandex_site_bg_color = "FFFFFF"; yandex_stat_id = 2; yandex_ad_format = "direct"; yandex_font_size = 1; yandex_direct_type = "vertical"; yandex_direct_border_type = "block"; yandex_direct_limit = 2; yandex_direct_title_font_size = 3; yandex_direct_links_underline = false; yandex_direct_border_color = "CCCCCC"; yandex_direct_title_color = "000080"; yandex_direct_url_color = "000000"; yandex_direct_text_color = "000000"; yandex_direct_hover_color = "000000"; yandex_direct_favicon = true; yandex_no_sitelinks = true; document.write ("");

Legislative and Regulatory Acts

1. the federal law dated 28.12.2013 No. 426-FZ "On special assessment of working conditions"

2. Labor Code RF

3. Order of the Ministry of Labor of Russia dated 07.02.2014 No. 80n "On the form and procedure for filing a declaration of conformity of working conditions with state regulatory requirements for labor protection, the Procedure for the formation and maintenance of a register of declarations of conformity of working conditions with state regulatory requirements for labor protection"

Find out how to get acquainted with the official texts of these documents in the section