Penalty for South in 2021: current information, step-by-step tips

What we check

SOUT is a study of work areas for the presence of factors dangerous to the life and health of a worker or the absence of such factors. The procedure is also designed to improve the quality and timeliness of accrual of approved payments to employees working in high-risk environments.

According to statistics, before the introduction of inspections, the state labor inspectorate received a huge number of citizen complaints related to violations of working conditions. Then, at the end of 2013, the government passed a law introducing mandatory inspection of work areas.

The SOUT structure is designed to protect the rights of employees working in high-risk areas by identifying unscrupulous employers in the Russian Federation who illegally save on payments.

In accordance with Part 3 of Law N 426-FZ, the work areas of all employees are subject to assessment, except for:

remote;
home-based (freelancers);
entered into a relationship with an employer who is not an individual entrepreneur (nannies, or tutors, etc.).

The inspection is carried out once every five years. For this purpose, a special commission is created with the participation of the person responsible for occupational safety at the enterprise, one of the members of the trade union represented by an employee and experts attracted from special specialists. organizations. To carry out the assessment, an order or instruction is drawn up. Based on the results of the inspection, a declaration is filled out, which is sent electronically to the Ministry of Labor database.

Violation of deadlines entails fines for failure to carry out special assessments in 2020. The audit may take place in several stages, but must be completed no later than the end of the year. From January 1, 2021, Rostrud will begin to fine for the lack of SOUT.

Authorization

From January 1, 2021, Rostrud will begin to fine you for the lack of SOUT!

The period for conducting a special assessment of working conditions ends on December 31, 2021. Employers who do not have time to complete the SOUT procedure before this date may be fined up to 200 thousand rubles!!! It is necessary to once again bring this information to educational institutions.

In order to prevent a reduction in the volume of guarantees, compensation and workers’ rights to safe work in connection with the possible risk of conducting a special assessment of working conditions by the end of 2021 not in full, the Ministry of Labor and Social Protection of the Russian Federation in its letter dated June 1, 2021 No. 15 -4/10/B-4010 requests that special attention be paid to the inadmissibility of violating the requirements of the Labor Code of the Russian Federation, Federal Law N 426-FZ regarding the unconditional completion of a special assessment of working conditions no later than December 31, 2021 on the territory of a constituent entity of the Russian Federation.

Violations in the field of special assessment of working conditions are assessed extremely seriously by current legislation. This is due to the fact that failure to comply with the procedure for conducting special labor assessments established by the provisions of 426-FZ is considered a violation of workers’ rights. They must receive complete and reliable information about the working conditions at their places of work, as well as their potential negative impact on health. Therefore, in 2021, fines for the lack of SOUT and other violations in this area are quite large.

SOUT: fines for failure to carry out and other violations

The employer's liability for violations in the field of special assessment is regulated by the provisions of Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, which provides for the following fines for the lack of a special assessment of working conditions in 2021:

for administration representatives guilty of failure to comply with the special assessment - a fine of 5-10 thousand rubles;
for organizations - 60-80 thousand rubles.

Penalties for violation of the current requirements for the special assessment procedure are determined in a similar way. In this case, not only the requirements of the main 426-FZ are taken into account, but also special regulatory documents that establish the rules for conducting special assessments. These include Order of the Ministry of Labor No. 33n and others.

Fines for repeat violations

Repeated violations in the area of special assessment are punishable by much more significant fines. It is assumed that the employer who committed the primary violation could have done so out of ignorance, lack of necessary skills in applying the law, etc. However, the repetition of violations in this area indicates that he does not take his duties seriously enough. It does not matter whether the primary and repeated violations are of an identical nature or are associated with different legal requirements. Therefore, if the organization already has a fine for an offense in this area, it is necessary to especially carefully monitor compliance with the current procedure for conducting special assessments.

Repeated fine for failure to carry out SOUT

The amount of the fine for failure to carry out special assessment procedures in the event of a repeated violation, as well as fines for other repeated violations in this area, is determined by the provisions of Part 5 of Art. 5.27.1 Code of Administrative Offences. It amounts to:

for officials who have committed a secondary violation of the rules of the Special Operations Regulations or failure to comply with it - a fine of 30-40 thousand rubles. This measure may be replaced by disqualification for a period of 1 to 3 years;
for an organization - a fine of 100-200 thousand rubles. Such punishment can also be replaced by suspension of work for a period of up to 90 days.

If, as a result of a failure to carry out a special assessment, serious harm to the employee’s health is caused, the employer falls under Art. 143 of the Criminal Code. In this case, the punishment will be from 400,000 rubles in the form of a fine. In the most severe cases, for example, in case of death, the issue of imprisonment for the employer will arise for a period of 1 to 5 years.

Sanctions of the Ministry of Labor

In relation to workplaces where no harmful (hazardous) factors have been identified, the employer, within 30 days from the date of approval of the report, submits to the territorial body of Rostrud a declaration of compliance of working conditions with state regulatory requirements for labor protection (approved by Order of the Ministry of Labor dated 02/07/2014 No. 80n ) (valid for five years). Upon expiration of the validity period, if there are no industrial accidents or occupational diseases during its validity period, the validity period of the declaration is considered extended for the next five years.

Within the same 30-day period, information about the special assessment carried out - about the classes of working conditions in the workplace and a list of measures to improve working conditions - must be posted on the Internet on the official website of the educational organization.

To fine a company, the State Tax Inspectorate does not need to inspect it; you just need to check the information about this organization in the accounting information system.

From January 1, 2021, the inspectorate will fine all organizations for which there is no data in the state accounting information system for failure to carry out special assessments!

There is only a month left for those educational organizations that have not yet completed the special assessment of jobs. They need to make every effort to fulfill their labor protection obligations, because fines will cost much more! We remind you that absolutely all jobs in the organization are subject to special assessment. Therefore, the absence of SOUT for individual workplaces is regarded as a separate offense, and, consequently, a fine in the amount of 60-200 thousand rubles can be for each “unvalued” workplace!

In addition, in addition to the fine, SOUT affects contributions to the Pension Fund - employers who have conducted a special assessment of working conditions will charge additional contributions to the Pension Fund at differentiated rates - from 2 to 8%, depending on the harmfulness of working conditions. And if, according to the results of the SOUT, working conditions are recognized as optimal or acceptable, the additional tariff will be 0%, which exempts you from paying insurance premiums at additional tariffs. And an organization that has not carried out SOUT will pay additional contributions to the Pension Fund - the contribution rate is 6 or 9% (depending on the employee’s working conditions).

Innovations in the implementation of SOUT

The law on carrying out SOUT came into force in 2014, but the full-fledged electronic system of the Ministry of Labor, where inspection indicators are entered, became operational in 2015. Those who were verified earlier may have been incorrectly reflected in the electronic database or not reflected in it at all.

According to information from the labor inspectorate, fines for the lack of a special assessment of working conditions in 2021 will only apply to those organizations whose inspection is planned this year, or to those organizations where accidents have been recorded. The rest, for whom the results of SOUT have not been recorded in the system since January 1, 2021, will be sent a warning about the need to assess the working conditions of workers six months in advance. But automatic verification will begin in January 2021. Organizations whose inspection information is not included in the Ministry of Labor program will be subject to sanctions. Then the system itself will calculate and distribute fines.

How to organize a special assessment of working conditions in the workplace: instructions

Conducting a special assessment of working conditions takes about a month

A commission is created, which should include a representative of the employer and a labor protection specialist. The main condition remains that the commission must have an odd number of members. The composition and procedure for the activities of the commission is determined by order of the head of the organization.
Next, the Commission established by the order must determine the list of workplaces for carrying out SOUT. At this stage, it is necessary to determine which jobs have similar characteristics. This procedure will reduce the cost of the procedure.
Draw up an agreement with the organization that conducts the SOUT and agree on a schedule for the procedure.
Prepare technical documentation, documents for equipment and raw materials, and job descriptions for representatives of the organization that conducts SOUT.

Penalties for failure to complete verification

Legislatively prescribed in Part 2 of Art. 5.27.1 of the Code of Administrative Offences, fines for SOUT in January 2021 are almost doubled than with the previously valid certification of work areas. It remains to be seen that these sanctions will force enterprises that regularly violate the law to think that it is cheaper to organize an SOUTH system than to get fined due to fraud.

Administrative responsibility

Fines for the lack of SOUT 2021 compared to the previous year remained within the same limits:

for employees responsible for checking 5 - 10 thousand rubles, or a warning;
for individual entrepreneurs 5 – 10 thousand rubles;
for legal entities persons 60 – 80 thousand rubles.

If the inspection is passed, but the reporting data is not submitted on time to the Ministry of Labor, a penalty in the range is also applied:

for employees responsible for checking 20 - 50 thousand rubles. Or deprivation of powers for 1 – 3 years;
for individual entrepreneurs 30 – 50 thousand rubles;
for legal entities persons 100 – 200 thousand rubles.

Criminal liability

If failure to carry out an occupational safety and health system resulted in the death of an employee at the enterprise or the deterioration of his health, then the general director and the occupational safety specialist will be held criminally liable. The Criminal Code of the Russian Federation (Article 143) stipulates the following penalties:

fine, 400 thousand rubles. and more or up to a year in prison - if significant harm is caused to the health of the employee (Part 1);
up to 4 years in prison - if the violation resulted in the death of the employee (Part 2);
up to 5 years in prison - if the violation resulted in the death of 2 or more employees (Part 3).

What fines or sanctions may there be?

Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation), in case of violation of the GNTOT, the following fines and sanctions are provided for the employer:

An administrative fine for officials in the amount of 5 to 10 thousand rubles, for legal entities - from 60 to 80 thousand rubles.

Article 14.54 of the Code of Administrative Offenses of the Russian Federation, in the event of a violation by an expert organization of the procedure for conducting special assessments, provides for the imposition of the following fines and sanctions:

An administrative fine for officials in the amount of 20 to 30 thousand rubles; for legal entities - from 70 to 100 thousand rubles
Repeated violation entails the imposition of an administrative fine on officials in the amount of 40 to 50 thousand rubles or disqualification for a period of one to three years; for legal entities - in the amount of 100 to 200 thousand rubles or administrative suspension of activities for up to ninety days.

Job certification in 2021

Step 7. Protocol approval.

Based on the results of the inspection, a protocol is drawn up and signed by the commission. If its participants decide not to inspect any workplace due to the risk of causing harm to the life and health of people, it is formalized in a separate opinion and attached to the protocol. Such places subsequently automatically fall into the category of dangerous.

Step 9. Review the results.

The results obtained should be brought to the attention of all company employees and other interested parties. Employees familiarize themselves with the special assessment card of working conditions at their workplaces, and all others through the organization’s website. Management must post information on the website 30 calendar days from the date of approval of the report.

Certification of workplaces – mandatory or not

Since 2014, the definition of workplace certification has been replaced by SOUT. This happened after the cancellation of Order of the Ministry of Health and Social Development of the Russian Federation No. 342n dated April 26, 2011 and the adoption of Law No. 426-FZ dated December 28, 2013. However, the essence of this procedure remained the same and consists in assessing working conditions. Therefore, both automated workplaces and special assessment of jobs based on working conditions are synonymous.

How often do employers need to conduct special assessments of working conditions? In accordance with paragraph 4 of Art. 8 No. 426-FZ SOUT should be organized every 5 years, unless other requirements are established by law. The designated period of validity of workplace certification begins to be calculated from the date of approval of the assessment results.

07 Feb 2021 juristsib 1005

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How workplace certification will take place in 2021

Analysis of production conditions in terms of their compliance with current legislation and established standards depending on the type of product manufactured;
Test for compliance with general hygiene rules;
Level of injury hazard at each specific workplace;
Providing people with work clothes and, where necessary, special protective equipment.

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Its measures are listed in a number of articles of the Code of Administrative Offenses of the Russian Federation. For example, Article 5.27 states that officials of enterprises may be subject to sanctions in the form of a fine, which can reach up to 5 thousand rubles. In addition, the company itself may be punished with sanctions, the amount of which will reach a limit of 50 thousand rubles.

Fines for absence (failure to carry out) certification of workplaces

For violation of labor safety rules, officials pay an administrative fine in the amount of 1,000 rubles to 5,000 rubles. If a person carrying out activities without forming a legal entity does not have workplace certification, the fines remain the same, but with the addition of an administrative suspension for up to 90 days . While a legal entity is subject to a fine of 30,000 to 50,000 rubles or suspension of activities for a period of 90 days. If a person who has previously been subject to administrative liability for lack of certification of workers in the form of a fine, if a repeated violation is discovered, administrative disqualification may last for up to three years.

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If an accident occurs at an enterprise where there is no certification, and an employee is injured through the fault of the employer (the worst case scenario would be the death of the employee), then the employer is held criminally liable. Plus payment of full financial liability.