A special assessment of working conditions is provided by law for each workplace by the employer (Article 212 of the Labor Code of the Russian Federation). The purpose of the special assessment is to establish and document the risk class and level of harmfulness of working conditions, taking into account the use of employee protective equipment purchased by the employer. The facility survey procedure includes a detailed analysis of individual production facilities or a group of similar locations. Their list is agreed upon at the preliminary stage, and the procedure is regulated by the law on special assessment dated December 28, 2013 No. 426-FZ.
What is a SOUT report and why is it needed?
A report on a special assessment of working conditions is an official document, which is drawn up by experts, aimed at identifying indicators that negatively affect the work activities of enterprise personnel.
Special inspection of working conditions
Thus, in accordance with the current legislation, namely 426-FZ, standard indicators of harmful factors are determined, and the responsible person, after conducting a series of studies, fills out the appropriate sheet, checking how the actual assessment criteria coincide with the theoretical ones.
The SOUT report has the following features, regardless of the type of enterprise for which it is compiled:
- It is completed by specialized companies that have the appropriate permits and full-time experts with permits to carry out this type of work.
- The purpose of the report is to identify the class of working conditions at a particular enterprise and determine the size of the budget expenditure to fulfill all inspection requirements. In total, there are 4 classes of conditions - optimal (class 1), as a rule, relate to offices and enterprises with the absence of harmful factors, acceptable (class 2), harmful (class 3) and dangerous (class 4). This classification affects the seriousness of ensuring safe working conditions for employees, as well as the amount of insurance compensation in the event of a negative impact on them from various damaging factors.
- The document is drawn up in several copies, and the company management is obliged to submit one of them to the Labor Inspectorate and other government departments in order to avoid the imposition of penalties.
- The report is based solely on harmful production factors that are identified by the expert during the inspection. This may include the environmental situation in production, standards for the number of workplaces per unit area, their illumination, the severity of working conditions, the presence of recreational and household premises, ensuring the proper level of personnel safety and other criteria.
Important! The greatest attention to environmental safety standards is paid at large industrial enterprises, where there are real risks of exposure of people to harmful factors that pose a danger to health and life.
Who draws up the document and what is written in it
Although the results of checking working conditions at workplaces are drawn up by the organization that conducted the special assessment of the employer, the report on the conduct of the special assessment is signed by all members of the commission who participated in the research, and it is approved by the chairman of the commission (Article 15 of the Federal Law of December 28, 2013 No. 426- Federal Law). In fact, the report must be approved by the head (representative) of the company where the SOUT was carried out, since only he has the right to head the expert commission.
The report includes (mandatory minimum):
- information about the organization that conducted the special assessment;
- a list of workplaces where it was carried out;
- identified harmful production factors;
- protocols for conducting research and measuring identified hazardous factors;
- special assessment cards, in which the expert of the organization conducting the special labor assessment indicates the class (subclass) of working conditions at specific workplaces;
- summary statement of special assessment;
- conclusion of an invited expert.
Additionally, the following may be attached to the report:
- protocol for assessing the effectiveness of PPE used by employees who work in hazardous conditions, if such testing was carried out;
- if a decision was made about the impossibility of assessing harmful production factors in accordance with clause 9 of Art. 12 of Law No. 426-FZ, a corresponding protocol of the commission is needed;
- in relation to workplaces where dangerous and harmful production factors have been identified, a list of measures to improve the working conditions and safety of workers will need to be approved and attached to the report;
- special reasoned opinion if one or more members of the commission do not agree with the conclusions of the external expert.
Report on a special assessment of working conditions - sample
In order to correctly draw up this document, you must have an approved form, regulatory and actual indicators of harmful production factors, as well as a sample of how to correctly fill out the report.
List of workplaces for special assessment of working conditions (sample)
The following official data is always indicated on a pre-prepared form:
- All available details of the enterprise, including name, legal and actual addresses, data from constituent documents.
- A complete description of all work areas where field research was carried out.
- List of identified harmful production factors for each workplace.
- Description of the protocols in accordance with which the inspection was carried out - measurements, analyzes with the obligatory indication of the brand of devices, the presence of their accreditation for the possibility of use in the Russian Federation and verification documents.
- Parameters for assigning ratings after tests, depending on the assigned class of working conditions.
- Specification of test results in tabular form in accordance with the approved sample.
- If the actual indicators deviate from the normative ones, the expert gives a list of recommendations to eliminate the problem.
- The final conclusion of the responsible official after the inspection.
Important! When conducting research, a commission is created consisting of a representative of the inspecting organization, a responsible person from the enterprise - a labor protection engineer, or the immediate operational manager, and in some cases - a representative of the local labor inspection department or a member of the administration.
Each of the listed persons gets acquainted with the report on the SOUT and puts his signature if he agrees with the data provided. A leader is selected from among the appointed members of the commission, who must approve the report after its preparation and execution.
Only after all members of the commission sign in the columns assigned to them does the document acquire legal force and can be submitted to a higher authority.
Do I need to submit an updated declaration?
From 05/01/2016, the report to the labor inspectorate on a special assessment of working conditions was allowed to include areas of the enterprise’s activities that correspond to the first and second safety classes. If, based on the results of the implementation of the special assessment system, such specialties are identified at the enterprise, it must clarify the previously submitted information and enter additional data into the paper. For this purpose, the law provides only 30 working days from the date of entry into force of the new requirements, if the organization submitted the initial document before 05/01/2016. That is, the last period ended on June 16, 2016.
IMPORTANT!
Organizations submitting information after this date must enter optimal or acceptable conditions into the document immediately, which is stated in the new edition of Article 11 No. 426-FZ dated December 28, 2013. It follows from this that an example of filling out the 2021 SOUT declaration is no longer needed to clarify the information.
Further use of the report
SOUT (special assessment of working conditions) card
After receiving a report from the organization that conducted the special assessment, the management of the inspected enterprise must take the following steps:
Title page of the SOUTH report
- Approve the title column of this form with your own signature and stamp of the legal entity.
- Establish feedback with the inspecting organization, informing about the approval of the report. To do this, you need to send a scanned copy of the signature sheet to your email address.
- Having received a copy of the report, the inspectorate sends it to the FSIS, or the Federal State System for recording the results of the SOUT, for inclusion in the database.
- Next, the management of the enterprise, in accordance with the articles of Federal Law 426-FZ, draws up and submits a specialized declaration to Rostrud by means of a personal visit to the department of the institution, sending a letter with an accompanying document including a list of the contents of the envelope, or through the Internet portal of a government organization, subject to receipt of an electronic signatures for a legal entity.
Important! This declaration has a limited shelf life - 5 years from the date of approval by the head of the SOUT commission. After the period specified in accordance with the law, the inspection must be carried out again with the subsequent submission of reports.
The procedure for submitting the SOUT declaration will change
The Ministry of Labor of Russia published on the Unified portal for posting draft legal acts a draft departmental order to amend the Order of the Ministry of Labor dated 02/07/2014 No. 80n on changing the rules for filing a declaration of compliance of working conditions with state regulatory labor protection requirements. The current form and procedure for submitting SOUT declarations became irrelevant due to the adoption of Federal Law No. 503-FZ dated December 30, 2020, which amended Article 8 and the law on special assessment of working conditions (No. 426-FZ dated December 28, 2013) and established the indefinite validity of declarations compliance with working conditions.
In this regard, the Ministry of Labor has prepared amendments that take into account that SOUT declarations have become unlimited. Changes are also being made to the procedure for creating and maintaining a register of declarations of compliance with working conditions. Employers and SOUT operators will begin to apply them when the relevant order of the Ministry of Labor is approved and published in the prescribed manner.
To complete a special assessment of working conditions (hereinafter referred to as SOUT), in accordance with Article 15 of the Federal Law of December 28, 2013. No. 426-FZ “On special assessment of working conditions”, the commission for carrying out special labor conditions must do the following:
1. Sign:
– on the title page of the SOUTH report;
– in SOUT maps;
– in the summary statement of the results of the special assessment and assessment process.
2. Finalize the List of recommended measures to improve working conditions (columns No. 4-6) and sign it;
3. Bring to the attention of employees the results of the SOUT, as evidenced by the signatures of employees on the SOUT cards, no later than thirty calendar days from the date of approval of the report on the implementation of the SOUT;
4. Post on the official website of your organization on the Internet information and telecommunications network (if such a website exists) summary data on the results of a special assessment of working conditions in terms of establishing classes (subclasses) of working conditions in the workplace and a list of measures to improve working conditions employees at whose workplaces the special assessment and assessment was carried out, no later than thirty calendar days from the date of approval of the report on the conduct of the assessment;
5. Send to the organization that conducted the SOUT the minutes of the commission meeting based on the results of the SOUT, an order from the employer to complete the SOUT.
With the implementation of these points, the work on a special assessment of working conditions will be completed.
- Sample order for completion of a special assessment of working conditions ()
- Sample minutes of a commission meeting based on the results of a special assessment of working conditions ()
6. The employer is not required to submit a report on the implementation of the special labor inspection system to the State Labor Inspectorate. The report on the special assessment of working conditions is submitted to the State Labor Inspectorate by the organization conducting the special labor assessment within ten working days from the date of its approval. From January 1, 2021, this report will be transmitted to the Federal State Information System for recording the results of a special assessment of working conditions. If the employer has not provided the organization conducting the special labor assessment with information about the insurance number of the individual personal account of the employee or employees employed at this workplace, the employer submits a report on the special assessment of working conditions independently to the above-mentioned bodies (systems).
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Conducting a special assessment of working conditions at temporary workplaces
The results of a special assessment of working conditions (SOUT) allow:
- establish for employees the guarantees and compensations provided for by the Labor Code of the Russian Federation - reduced working hours, annual additional leaves, increased wages (part 1 of article 92, part 2 of article 94, part 1 of article 116, article 117, 146, 147 Labor Code of the Russian Federation);
- monitor working conditions in the workplace and take measures to improve them;
- provide workers with personal protective equipment;
- calculate a discount (surcharge) to the rate of insurance premiums “for injuries”;
- report on working conditions to Rosstat;
- justify the conduct of mandatory preliminary and periodic medical examinations of employees, etc.
This is stated in Article 7, Part 1 of Article 8 of the Federal Law of December 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions” (hereinafter referred to as Law No. 426-FZ).
Planned SOUTH in the workplace is carried out at least once every five years (Part 4, Article 8 of Law No. 426-FZ). And in the case of commissioning of new workplaces, an unscheduled inspection is required - within 12 months from the date of the start of the regular production process at them (Part 1, Article 17 of Law No. 426-FZ).
Failure to comply with this deadline entails the imposition of an administrative fine (Part 2 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):
- for heads of organizations and entrepreneurs - from 5,000 to 10,000 rubles;
- for organizations - from 60,000 to 80,000 rubles.
In this regard, the question arises: within what time frame should an assessment and assessment be carried out in relation to a created temporary or seasonal workplace for a period of less than 12 months?
The answer is contained in paragraph 15 of the Methodology for conducting a special assessment of working conditions, the Classifier of harmful and (or) hazardous production factors, the report form for a special assessment of working conditions and instructions for filling it out, approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n. According to this standard, all research and measurements within the framework of the SOUT should be carried out during the implementation of standard production (technological) processes. This means that SAW should be carried out at a temporary or seasonal workplace during the period of production activity there (letter of the Ministry of Labor of Russia dated 06/07/2017 No. 15-1/OOG-1568).