Compound
In accordance with Article 8 of Federal Law No. 426-FZ, a special assessment is carried out by the employer together with a professional organization involved in job assessment. The employer enters into a civil contract with such an organization and pays for its services. The requirements for the organization that the company has the right to attract are listed in Article 19 426-FZ.
The employer issues an order to conduct special assessment work and create a commission. The team of assessors includes a labor protection specialist and a representative of the trade union, if there is one. The composition of the commission is approved by decree. If, after its publication, the composition needs to be changed, the head has the right to issue an order to change the composition of the commission on SOUT, in which he will exclude some members and add new ones. The total number of members is odd, the minimum number is not established.
Order to complete a special assessment of working conditions
After all special assessment activities have been completed and the organization performing the inspection has transferred all documents, the following must be done:
- Approve and sign the report on the special assessment, thereby expressing agreement with the information contained therein, or send a written document to the performing organization, which sets out all controversial issues.
- Familiarize workers with the results of workplace certification.
- If the special assessment has identified factors that were not previously taken into account, take measures to bring the documents into compliance with the requirements of the law (establish additional leaves, bonuses, medical examinations, etc.).
All this can be reflected in the appropriate order. In its administrative part the following must be indicated:
- Recognize the SOUT as completed.
- If there are disagreements regarding the results of work with the Contractor, indicate this.
- Provide a list of measures to bring workplaces into line with the results obtained, or instruct responsible persons to develop them.
The order is drawn up in free form and contains all the details provided for such documents (name of the organization, date and number, signature of the manager).
Read also: Certification of workplaces based on working conditions
An order to conduct a special assessment of working conditions is drawn up in free form. In it, the employer reflects all legal requirements regarding preparation for a special assessment. It is possible to issue not one, but several separate orders (on conducting special assessments, on approval of the commission, etc.). The completion of the special assessment is also formalized by order.
What to include in the order
The order issued by the employer for approval of the SOUT commission contains:
- name of the employer's company;
- document details: publication date and number;
- basis for publication of the document;
- a list of persons indicating the positions that will be included in the composition;
- FULL NAME. and the position of chairman;
- regulations on approval of the special assessment schedule;
- instructions to the chairman related to the organization of the special assessment;
- an order to the other heads of the company’s departments not to interfere with the implementation of the SOUT;
- FULL NAME. and the position of the person who is responsible for monitoring the execution of the order;
- manager's signature.
The order form is free.
| GBOU SDYUSHOR "Allur" ORDER No. 10 January 27, 2021 Saint Petersburg On the creation of a commission for organizing and conducting a special assessment of working conditions In accordance with Article 212 of the Labor Code of the Russian Federation, based on the provisions of Federal Law dated December 28, 2013 No. 426-FZ “On special assessment of working conditions,” I order: 1. Create a commission to organize a special assessment of working conditions in the workplace, in accordance with Appendix No. 1 to this order, and appoint a commission consisting of: Chairman: Petrov Petrovich, deputy director. Members of the commission:
2. Approve the schedule of activities to conduct a special assessment of working conditions (Appendix No. 2). 3. To the Chairman: 3.1. Organize work to conduct a special assessment of working conditions during the period from 02/03/2020 to 03/02/2020 in accordance with legal requirements. 3.2. Provide access to workplaces for experts of the organization hired to conduct a special assessment of working conditions, provide them with all the information, materials and documents necessary for a correct assessment related to the purposes of the special assessment of working conditions. 3.3. Familiarize interested officials with the procedure and timing of a special assessment of working conditions. 3.4. Provide me with the results of a special assessment of working conditions in the form of a report by 03/03/2020 for approval. 4. Managers in whose departments special assessments of working conditions will be carried out must ensure unimpeded access for experts from the organization that carries out the relevant measurements to workplaces and the necessary documentation. 5. I reserve control over the execution of the order. Director _________________________ A.V. Voronov |
If the composition requires changes, an order is issued to change the commission on SOUT, which indicates:
- reasons for excluding a person from the composition;
- FULL NAME. and the position of the person who takes over the duties of the member in place of the retiring member;
- start date of the new member's term of office.
All persons indicated in them are familiarized with these documents against signature.
Order to conduct a special assessment of working conditions: sample
Law No. 426-FZ obliges the employer to carry out the following activities before starting a special assessment of working conditions:
- Approve a commission to conduct a special assessment of working conditions (SOUT).
- Determine the schedule for the inspection, its start and end dates.
- Determine the list of workplaces subject to SOUT.
All this is reflected in a special order (or several separate orders).
The law does not approve the form of such an order, so it can be made in free form.
An approximate structure of the administrative part of such an order may look like this:
- Direct order to conduct certification.
- Approval of the commission responsible for this event.
- Work schedule. Specify the start and end date. If the amount of work is large enough, then they can be divided into several stages (for example, from 10/01/2018 to 10/21/2018 - branch No. 1, from 10/22/2018 to 11/12/2018 - branch No. 2, etc.).
- A list of places subject to special assessment, or an indication to the commission of the need to draw it up.
Read also: Validity period of a special assessment of working conditions
The order is issued on the official letterhead of the organization, according to the form approved by the employer. It must contain the following details:
- Full name of the employer.
- Date and order number.
- A preamble in which a reference is made to the regulatory document according to which the SOUT is carried out.
- Manager's signature.
Printing on this document is not provided.
The order is drawn up in several copies (or copies are made). One is filed in the order book, the other, along with other documents, is handed over to the organization that will conduct the inspection. Based on it, she will add information about the commission members who must sign them to the certification cards.
The order itself (its certified copy) is also filed along with all certification documents.
Why do you need SOUT?
This is a special assessment of working conditions, the need for its implementation is enshrined in Federal Law No. 426-FZ dated December 28, 2013. All employers carry out a special assessment, except:
- employers - individuals who are not individual entrepreneurs;
- employers - religious organizations;
- employers collaborating with employees remotely or hiring homeworkers - in relation to such employees.
All other employers, legal entities and individual entrepreneurs are required to conduct a special assessment to establish the level of influence of certain hazardous factors on an employee working in the workplace, to determine whether his health is at risk, and whether he needs personal protective equipment. As a result of a special assessment, a workplace is assigned a certain class, which is necessary for:
- providing the employee with guarantees corresponding to the class of jobs;
- regulation of the amount of insurance payments that are transferred for employees;
- developing measures to improve working conditions for employees;
- justification for the purchase of protective equipment for employees.
The special assessment is carried out by a commission for a special assessment of working conditions, appointed by order of the manager. Special assessment happens:
- planned - carried out at least once every five years;
- unscheduled - carried out when there are special reasons, for example, when new jobs are introduced.
An order to carry out special assessment and assessment – on what occasion is it drawn up?
As mentioned above, to carry out the special assessment, an order is issued to conduct an assessment, which also talks about the creation of a special commission. According to Article 19 of the List, which was approved by order of the Ministry of Culture No. 558 of August 25, 2010, such a document is stored until the liquidation of the organization.
You can create a separate order on the start of a special assessment and a separate document on the formation of a commission. It should be noted that first orders are issued, and only then an agreement is concluded with a specialized organization that will conduct a special assessment .
The procedure for conducting SOUT for individual entrepreneurs
The Ministry of Labor of the Russian Federation has prepared an information letter explaining the procedure for conducting special labor assessments for individual entrepreneurs, as well as in micro-enterprises and small business organizations.
The agency reminded that a special assessment of working conditions is carried out by all employers
, regardless of the organizational and legal form, the number of employees, or the size of the enterprise.
If an individual entrepreneur works without hired employees, then he does not need to carry out SOUT.
There is also no need for a special assessment if the individual entrepreneur attracts specialists under civil contracts, for whom permanent jobs are not created, and services are provided remotely.
The Ministry of Labor of the Russian Federation also clarified that the period for conducting special assessments for organizations registered in 2021 is one calendar year from the date of state registration. If the company does not have time to conduct a special assessment during this period, it may be held liable for violating labor protection requirements.
| Special attention in the letter is paid to the declaration based on the results of the SOUT . Let us remind you that in relation to workplaces where no harmful and dangerous production factors have been identified, the employer must send a declaration to the territorial division of the State Labor Inspectorate. The legislation allows for this thirty days from the date of approval of the report on the SOUT. The declaration is valid for ten years, but on the condition that during this period no accidents, occupational diseases, or violations of labor protection requirements are recorded at the workplaces in respect of which it is submitted. |
The Ministry of Labor of the Russian Federation emphasizes in its letter that the declaration can be submitted electronically, through the official website of the department. The resource contains instructions for submitting a declaration, as well as an example of a reference file for import. With the wording: “based on the identification results, no harmful and (or) dangerous production factors were identified or working conditions, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors, were recognized as optimal or acceptable, working conditions comply with state regulatory labor protection requirements”
. To submit a declaration in this way, the employer must have an electronic digital signature because You must attach an electronic digital signature certificate to the report file, or sign the document using the Crypto-Pro plugin.
| But practice shows that not all entrepreneurs use the opportunity to submit a declaration electronically. According to online media and social networks, in many regions of the country now there is a rush in the State Tax Inspectorate due to those wishing to submit a declaration . So, in Moscow, the line for delivery begins at nine in the morning; reception begins at 10 a.m. for the capital, at 11 a.m. for the region. There are five inspectors working for each region (Moscow and the Moscow region), but this number is sometimes not enough to receive all representatives of employers. |
For those who do not want to personally visit the offices of the State Labor Inspectorate, it remains possible to send a declaration by mail with a list of the contents. In this case, the date of submission of the declaration will be considered based on the date of dispatch.
Liability provided for violations in this area
For violations in the field of special environmental conditions, administrative liability is provided under Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation.
| Violation | Measure of responsibility |
| The violation was committed for the first time, there was no damage (Article 3.4 of the Administrative Code) | Warning |
| Violation committed for the first time | Fine 60 – 80 thousand rubles |
| Violation committed again | Fine 100 – 200 thousand rubles |
| The violation was committed repeatedly and as a result there was a threat to the life and health of the employee (Article 3.12 of the Administrative Code) | Activities may be suspended for up to 90 days |
If violations are committed after a special assessment, the fines will be:
- 50 – 100 thousand rubles for the fact that an additional agreement was not drawn up based on the results of the special assessment
- If the assessment reveals misuse of funds, the fine will be 5–25% of the amounts spent for other purposes.
- There should be a register of employees who need to undergo a medical examination upon entry to work and periodic examinations. Failure to register may result in a fine of 110–130 thousand rubles.
Download the order approving the provisions of the OSMS in the preschool educational institution
For your productive work, we have prepared a sample order for approval of the OSH regulations in a preschool educational institution (preschool educational institution), you can download it right here. We also advise you to check the “Useful documents on labor protection” section of our website; it is constantly updated so that all the necessary documents are at your fingertips.
