Each employer must remember that a special assessment of working conditions for workplaces is his duty, enshrined at the legislative level in the Labor Code of the Russian Federation. For its non-performance, or performance inappropriately, he may be held liable.
general information
A special assessment of working conditions, which we will call below for ease of comprehension of the SUT, was introduced by the Federal Law from 01.01.14, replacing the previous certification of workplaces. It is a mandatory event conducted by the employer in conjunction with a specialized organization involved.
Violation of labor law entails the onset of liability, which can be expressed not only in the imposition of fines, which have recently become very large, but also in certain consequences of a criminal law nature. It is important to remember for yourself once and for all what SUT is, what are the terms for a special assessment of working conditions, as well as some features of its implementation in practice and information about the activities carried out after its completion.
The official definition of SOUT
The definition of SOUT given in the first part of Art. 3 Federal Law No. 216 adopted on 12.28.13. According to this norm, it is a single set of sequential measures to identify factors of the labor process and production environment, defined as harmful and / or dangerous, to assess the level of their impact on the employee. This takes into account the actual deviation of indicators from the hygiene requirements established by the state, the use of protective equipment (collective and individual).
What is the essence of SOUT?
The essence of organizing a special assessment of working conditions is as follows. An independent specialized company carries out a detailed analysis of the conditions in which employees work, and it works at the invitation of the employer. Jobs in the organization where the audit is planned are determined in advance. The main goal of the process is to identify production factors that are defined as dangerous and / or harmful, then an assessment is made of the level of their influence on the employee. They should be understood as a combination of factors that, influencing a person, can lead to injury or the development of a disease.
Having the results of the SOUT on hand, the specialists of the company involved in its implementation establish subclasses (classes) of conditions in those places that were examined. The methodology approved by the legislator for a special assessment of working conditions distinguishes four classes, depending on the severity of the harmful and / or dangerous effects: dangerous, harmful, permissible and favorable. Assignment to one category or another affects the amount of insurance premiums that the employer transfers to the FIU.
In addition, the division of working conditions into classes and degrees directly affects the level of compensation and guarantees provided to employees engaged in hazardous and / or hazardous production (reduced working hours, additional leave and cash payments).
Jobs subject to SOUT
In the Labor Code of the Russian Federation (Article 209, part 6), the legislator establishes that the worker should be considered the place where the employee is obliged to be, or where he needs to arrive due to the nature of the work, and which is controlled indirectly or directly by the employer. At first glance, everything is quite simple. However, the methodology for conducting a special assessment of working conditions has some features. So, the SOUT is carried out at all workplaces that exist at the employer, with the exception of remote employees, those who carry out the labor function at home and workers who work for individuals who are not registered as individual entrepreneurs.
In addition, a special assessment cannot be carried out in the workplace, which is currently vacant. On this occasion, clarifications were given by the Ministry of Labor of Russia.
The list of work places subject to special assessment, including and similar, in the organization is compiled and then approved by a specially created commission of the employer.
Jobs recognized as similar
In fact, in practice, employers have difficulties not so much in determining the time period for a special assessment of working conditions, but in compiling a list of similar (similar) jobs. In more than half the cases, the list is not formed correctly.
Firstly, the employer cannot independently decide on the recognition of specific jobs as similar, since this is the task of an expert of the organization involved in the conduct of the JUT. Secondly, it must be approved at the end of the special assessment commission.
Signs of similar (similar) jobs
Please note that similar places have a set of common features:
- the same type of equipment with heating, lighting, ventilation and air conditioning;
- location in one or more of the same (same type) production zones or premises;
- employees occupy the same position and work in the same specialty or profession;
- employees perform the same functions (labor) in the conditions of the same type of technological process and with an identical mode of working time;
- employees use the same equipment and tools, materials and raw materials, devices;
- Workers are equipped with the same (identical) PPE.
In accordance with the established procedure for conducting a special assessment of working conditions, if there are similar jobs in the company, not all of them are examined, but 20% of the total, but not less than 2. The results of the SOUT at the same time apply to everything.
SOUT results
The result of the SOUT is expressed in the establishment at each particular place of work of a class of working conditions. This work is carried out by an expert of an organization engaged in conducting a special assessment. The results should be presented in the form of a report in the prescribed form. It is signed by all the members of the employer’s commission, and then within three days (of the workers) they inform the organization that carried out the JUT about this.
A report is nothing more than a set of documentation, including information about the organization and the employer, measurement protocols, and special pricing cards.
Using the results of SOUT
The results should be applied from the date of signing by all members of the commission a report on a special assessment of working conditions. The time period for employees to familiarize themselves with them, provided by law, also begins to be calculated from this time on.
When working conditions according to the results of the T&A are recognized as dangerous and / or harmful, the employer is obliged to his employees:
- provide compensation and guarantees provided by the Labor Code of the Russian Federation;
- provide them with means (certified) for collective protection and individual;
- provide milk and other food equivalent products.
In addition, the scope of the employer's responsibilities includes activities aimed at changing for the better the working conditions of employees. For example, reducing the level of gas contamination, dustiness of air, modernization of production.
If factors of the working environment, defined as dangerous and / or harmful, are not identified, and working conditions are officially recognized as safe, the employer, in order to maintain them in this form, must exercise timely and full control over such places, as well as take measures aimed at maintaining them at a safe level.
Results SOUT: familiarization of workers
Familiarization of employees with the results of the SUT is one of the issues that worries the employer after a special assessment of working conditions. What period is provided for this, you can find out by contacting the text of the Federal Law No. 426.
The employee must be familiarized within thirty days (calendar), the countdown at the same time begins from the moment of approval (signing by all members of the commission) of the report on the results of the TSS. This period does not include the period the employee is on sick leave, on vacation, business trip or shift between shifts.
The fact of familiarization must confirm the signature of the employee on the card. The document is also introduced each time to newly hired employees.
The employee does not accept the results of the special assessment: what to do?
Quite often, you can observe a situation where the employee refuses to get acquainted with the results of the SUT, or strongly disagrees with them. In this case, the representative of the employer must draw up an act confirming this and attest it with at least three signatures. The commission may invite the chief or specialist of the personnel department, the head of the structural unit in which the employee works. In addition, the employee needs to clarify his right to appeal to the Labor Inspectorate in order to appeal the results of the TEC.
Duration of a special assessment of working conditions according to the plan: for the first time, repeatedly
If the employer conducts the TPS for the first time, and the adoption of the Federal Law No. 426 is the reason for this, then transitional provisions are provided for the timing. There are three options for further action:
- At a workplace certification was earlier carried out (AWP). In this case, the SOUT must be organized by the employer no later than five years. The countdown starts from the date of approval of the results of the last certification. However, it should be remembered that if the validity of its results has expired, i.e. more than five years have passed, special assessment is carried out immediately. Otherwise, there is a risk of being attracted to the admin. responsibility.
- Workstations have never been conducted at the workplace before; it is not included in the list indicated in clauses 1, 2 of the sixth part of Article 10 of the Federal Law No. 426 and put into operation before 01.01.2017. In this case, there is no direct indication of the period for a special assessment of working conditions. Legal experts suggest that you need to be guided by Part 6 of Art. 27 of the specified normative legal act. It indicates that the SUT can be carried out by the employer in stages, but no later than 12/31/18.
- Workstations have not previously been performed at the workplace, and it is included in the list indicated in clauses 1, part 2 of the sixth article 10 of the Federal Law No. 426. In this case, the TOC should be carried out as soon as possible. This is due to the fact that the working conditions at these workplaces obviously belong to the category of dangerous and / or harmful.
The repeated planned SOUT is carried out no later than 5 years from the moment the report of the last special assessment was approved.
Unscheduled special assessment of working conditions: deadline
Conducting unscheduled self-management system is organized at newly formed workplaces (recently introduced in the staff list). For this, the employer is granted a period of 12 months. The countdown starts from the day they are put into operation. Similar rules apply in situations when a workplace is moved to another room or if production technology changes on it, equipment is replaced. These changes can affect the level (degree) of the influence of production factors, defined as dangerous and / or harmful, on employees.
There are exceptions to this rule. So, in accordance with the law, the established dates for conducting the SUT (special assessment of working conditions) can be reduced to six months. This is observed if in the workplace (s):
- there have been changes in the composition of the materials and raw materials used and (or) the means used by employees for collective protection and individual protection, which can lead to a change in the level of exposure of production factors, defined as dangerous and / or harmful, to workers;
- an accident occurred in which third parties are not to blame;
- an employee has an occupational disease.
In addition, the SUT is carried out for six months in relation to places (workers), on which the trade union expressed its motivated opinion, and then a letter was sent from him with a proposal to conduct an unscheduled special assessment, or for which there is an order of the state labor inspector.
In all these cases, the period for conducting a special assessment of working conditions is calculated from the day they occur.
Responsibility for violation of the law on the SOUT
According to the Labor Code of the Russian Federation, the responsibilities of each employer include the provision of a safe environment in which its employees work, including the organization of the TEC.
Failure to comply or violation of the procedure (established by law) for the implementation of the special assessment threatens with administrative responsibility. For an official, fines vary between 5,000 and 10,000 rubles, for legal entities. persons - 60,000 - 80,000 rubles. Upon detection of a repeated violation, the amount of the monetary penalty is almost doubled, and the list of sanctions is expanded: the company may be disqualified or suspended.
Analyzing the norms of the Federal Law, we can conclude that, for example, the following actions on the part of employers are recognized as a violation of the special assessment procedure: non-observance of the deadline, incorrectly prepared documentation (results), lack of a specially created commission, etc.