Declaration of SOUT 2021. Sample. Registry. Deadlines. Where to submit in Moscow

2020
2020 in doc

The procedure is carried out on the basis of the requirements of Federal Law No. 426 of December 28, 2013 in relation to workplaces where the conditions were considered optimal or acceptable. The law states that after approval of the report on the conduct of special labor inspections, any enterprise must send a corresponding declaration to the territorial labor inspectorate at its location.

The SOUT declaration will become unlimited

The government has submitted a bill amending the Federal Law on Special Assessment of Working Conditions to the State Duma for consideration. Officials intend to make the SOUT declaration indefinite.

Now it is valid for 5 years and is automatically extended for another 5 years, provided that no accidents have occurred with the organization’s employees, no occupational diseases have been identified and there are no violations of labor protection requirements (letter of the Ministry of Labor No. 15-1/ОOG-1968 dated 08/30/2019 ). But after 10 years (after the expiration of the general period of validity of the declaration, taking into account the extension), even the most law-abiding employers have the obligation to conduct a special assessment of working conditions again at their own expense. Officials are confident that canceling the validity period of the SOUT declaration, if the conditions and organization of work at previously inspected workplaces are maintained, will reduce bureaucratic pressure and the financial burden on business. When the new procedure comes into force (according to the plan - from 01/01/2021), all existing declarations will become indefinite.

ConsultantPlus experts figured out how to reimburse the costs of a special assessment of working conditions at the expense of the Social Insurance Fund. Use these instructions for free.

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Declarations of conformity with working conditions made unlimited

Russian President Vladimir Putin signed Federal Law No. 503-FZ dated December 30, 2020, which establishes the unlimited validity of declarations of compliance with working conditions. The text of the document was published on the Official Internet Portal of Legal Information.

Let us remind you that until now, in relation to workplaces in which no harmful or dangerous production factors have been identified, as well as working conditions in which, based on the results of measurements, are recognized as optimal or acceptable (with certain exceptions), the employer submits to the territorial body of Rostrud a declaration of compliance of working conditions with state standards. regulatory requirements for labor protection.

According to the provisions of Article 11 of the law on special assessment of working conditions (dated December 28, 2013 No. 426-FZ), such a declaration is valid for 5 years from the date of entering information about the special assessment into the FSIS for recording the results of the special assessment of working conditions.

The declaration ceases to be valid only in certain cases. In particular, such cases are: an industrial accident, identification of occupational diseases in workers due to harmful or dangerous production factors, identification of violations of labor protection requirements during inspections. In the absence of such circumstances, the validity of the declaration is extended for another 5 years. In this case, a repeated special assessment of working conditions at workplaces subject to declaration is not required.

Thus, these norms actually required a mandatory special assessment of working conditions after the expiration of the ten-year period of validity of the declaration (taking into account its extension).

Now, Articles 8 and 11 of the law on special assessment of working conditions have been amended, which establish the indefinite validity of the declaration in the absence of grounds for its termination.

The new rules came into force on December 30, 2021.

BUKHPROSVET

A special assessment of working conditions is the identification of harmful and dangerous factors in the working environment and the labor process and assessment of the level of their impact on workers. Based on the results of a special assessment of working conditions, classes and subclasses of working conditions in the workplace are established. Responsibilities for organizing and financing the special assessment rest with the employer. This obligation applies to both organizations and individual entrepreneurs.

Based on the results of the special assessment, the employer submits to the territorial body of Rostrud a declaration of compliance of working conditions with state regulatory labor protection requirements. The list of cases when the employer has the right not to conduct a special assessment of working conditions is established in accordance with paragraph 3 of Art. 3 of Federal Law No. 426-FZ of December 28, 2013 “On special assessment of working conditions.”

If the employer does not have employees hired under an employment contract, then a special assessment is not carried out. It is not carried out in cases where the employer attracts specialists on an outsourcing basis. Also, a special assessment is not carried out in relation to the working conditions of remote workers, workers who have entered into labor relations with employers - religious organizations and in relation to the work of homeworkers.

Form

Order of the Ministry of Labor of Russia No. 80n dated 02/07/2014 approved the sample and form of the SOUT declaration, the procedure for filling out and submitting. The latest amendments to this algorithm were made by order of the Ministry of Labor of Russia No. 642n dated November 14, 2016.

Why is a declaration needed?

First of all, for the sake of the interests of the budget organization itself. It gains the opportunity to reduce the amount of insurance premiums for personnel for whom acceptable working conditions have been created and who do not work in dangerous or harmful conditions.

But there are specialties that initially belong to the harmful and dangerous categories. And even the most professional manager is unable to reduce the danger of these works. These include, for example:

• miners;
• chemical industry workers;
• high-altitude installers.

For such specialties, the law established additional insurance premium rates of up to 8%. The classification of working conditions is established by the methodology approved by Order of the Ministry of Labor No. 33n dated January 24, 2014. Below is a table with rates of additional payments for injuries.

An enterprise can lower its hazard class if it acquires modern personal protective equipment and improves its tools. Then an unscheduled special assessment is carried out and the hazard class is reduced, for example, from third to second. Fourth grade cannot be downgraded.

How often to declare jobs

If, within 5 years after submitting the declaration, no accident occurred at the workplaces listed in it or the employee did not acquire an occupational disease (this must be determined by a medical commission), the declaration is automatically extended for another 5 years. It is permitted not to carry out special assessments for these workplaces during this period.

If an accident occurs or other reasons appear (they are listed in Article 17 of Law No. 426-FZ), then the declaration to the State Tax Inspectorate after the 2021 special assessment will be canceled, and the organization will have to conduct an unscheduled special assessment.

Where to submit the declaration

Federal Law 426 determines where and in what time frame to submit a declaration on SOUT in 2021: the document is sent to the state labor inspectorate to the unit at the place of registration of the organization within 30 working days from the date the employer approved the report. When sending a report to the inspectorate, employers attach a covering letter. It does not have a set form. The letter contains a list of documents that the employer sends to the labor inspectorate.

This is what a sample cover letter for a declaration on SOUT looks like, prepared for sending to the State Tax Inspectorate:

Deadlines for filing the SOUT declaration

The deadline for submitting a declaration on SOUT to the State Tax Inspectorate should not exceed 30 working days from the date of its preparation and acceptance of the inspection report. It is necessary to attach to it the conclusion of the organization that conducted the inspection and the protocol of the commission. If the deadline for filing the SOUT declaration has been met, the State Labor Service registers its acceptance and assigns a unique number.

You can submit a document to the labor inspectorate by sending a registered letter, via the Internet on the State Labor website, or by appearing in person at the authority. It should be taken into account that the declaration may be returned for revision if it is filled out incorrectly, not in the prescribed form, or due to the lack of necessary information. The decision to accept or send for revision to the Labor Inspectorate is made within 10 days after receiving the documentation.

The validity period of the SOUT declaration from the moment the report is signed is 5 years. If during this period there were no emergencies, no accidents or illnesses associated with production factors, the validity of the document is extended for another 5 years.

As a result of the procedure for drawing up and submitting a declaration of labor conditions, information about the document enters the unified state register of declarations of working conditions. Access to this Internet service can be obtained on the Rostrud website, that is, each employer can view data on the submitted declaration.

Who submits a declaration for a special assessment of working conditions

This function is assigned to the employer or his authorized representative. The paper is submitted to the labor inspectorate within 30 days from the date the special assessment report is approved. Submission form allowed:

• personal (visiting the state labor inspectorate and handing over documents in person);
• electronic (transmitted digitally on the official website of the Federal Labor Service and must be signed with an electronic digital signature);
• by mail (with inventory and notification of delivery).

The SOUT declaration is submitted electronically on the labor inspectorate website, and in paper form - directly to the inspector. The department is obliged to check the submitted declaration on jobs within a period of up to 10 working days and, if everything is completed correctly, accept and register the document. If the paper contains errors or is missing necessary information, it is returned for revision.

How can you send a declaration on SOUT to the local branch of the labor inspectorate?

You can submit a properly completed declaration in several ways - either by personally submitting it to the labor inspectorate, or by sending it by mail, or by sending it electronically. If sent by mail, it must be sent with acknowledgment of receipt and an inventory of the contents must be attached to the document.

On the official website of Rostrud, it is possible to fill out the declaration itself and, accordingly, send it electronically from here. This site offers instructions that outline step-by-step the procedure for entering data into the SOUT declaration in electronic form; in addition, there is a sample of how to fill out the SOUT declaration of interest to us in the current 2021.

When filling out a declaration electronically, it is important to decide on the method of signing the document. Existing signature options:

• using the crypto-pro system;
• using a qualifying electronic signature in digital format.

What to include in the document

The document is not submitted in relation to a number of workplaces (even under optimal or acceptable working conditions, taking into account the individual and collective protective equipment used):

• work in which presupposes early assignment of old-age insurance pension payments;
• where upon hiring personnel they are immediately given guarantees and compensation for exposure to harmful or dangerous working conditions;
• where, based on the results of previous certifications, harmful or dangerous working conditions were recorded.

Filling Features

The document consists of one sheet. Orders of the Ministry of Labor and letter No. 15-1/B-724 dated June 23, 2014, which explains the main requirements, will help you figure out how to correctly fill out the 2021 SOUT declaration. These include:

• indication of the full or abbreviated name of the enterprise or full name. individual entrepreneur;
• information about the manager;
• indication of the address, as it is given in the statutory documentation, and all the necessary codes (OGRN, INN);
• if data is submitted for workplaces located in a branch of an enterprise that operates without forming a legal entity, indicate the address of the main division of the organization;
• listing the names of positions or specialties of employees whose jobs are declared with the obligatory indication of the codes of these specialties;
• number of employees based on special assessment data (third section of the report);
• individual numbers of workplaces based on information from the SOUT card (can be found in the first column of the list of work places where a special assessment was carried out, the second section of the report);
• marking similar workplaces with the letter A (fourth column of the list of the second section of the report);
• results of SOUT for declared places;
• details of the expert opinion and full name. expert.

This is what a sample form (SOUT declaration) looks like, drawn up in accordance with the requirements:

Sample declaration for a special assessment of working conditions

From the practice of SOUT, it follows that while only harmless and safe places were required to be declared, the number of respondents who could inform about the identification of workplaces without the presence of harmful and dangerous production factors was small. Even in offices, because in rooms where computers are installed, it is necessary to evaluate the level of illumination. It was he, along with the “fixed working posture,” that made it impossible to declare working conditions as normal. That is why, by Federal Law dated May 1, 2016 No. 136-FZ, officials allowed this document to be submitted also to those employers who were able to equip their employees with optimal and acceptable workplaces.

The declaration form is quite simple and consists of only one sheet. To fill it out without errors, you need to study the orders of the Ministry of Labor already mentioned above, as well as letter No. 15-1/B-724 dated June 23, 2014, which explains the basic requirements. These include, in particular:

— mandatory indication of the full and abbreviated name of the employing organization or full name of the individual entrepreneur;

— manager’s data;

— indication of the address exactly as it is indicated in the statutory documents, as well as all the necessary codes (TIN, OGRN);

— if information is submitted for workplaces located in a branch of an organization that operates without forming a legal entity, the address of the main division of the company is indicated;

— the names of positions or specialties of those employees whose jobs are declared must be listed. It is mandatory to indicate the codes of these specialties;

— number of employees based on the data from the special assessment card (third section of the report);

- individual numbers of workplaces based on the SOUT map, they can be taken from the first column of the list of work places at which the SOUT was carried out (section two of the report);

- similar jobs. They should be marked with the letter A (the fourth column of the list from the second section of the report);

— results of the special assessment of assessment of the declared places;

— details of the expert report and the expert’s surname and initials.

A correctly completed declaration for the special assessment of working conditions 2017 should look like this:

After receiving the document, the labor inspectorate must check the information contained in it. She has ten days to do this. If the form is filled out incorrectly or there are errors in the data provided, the document will be returned to the respondent. In this case, the employer will have to re-register it and re-submit it for verification. After the form is accepted by the State Labor Inspectorate, the employer acquires the right not to conduct a special assessment at those workplaces included in the declaration for five years.

However, if an accident occurs in the organization, regardless of the severity of its consequences, the document data will be canceled and the employer will have to carry out an unscheduled emergency assessment. If, on the contrary, working conditions continue to comply with established government regulatory requirements and no accidents (including occupational diseases) have occurred at the work site within 5 years, the validity of the declaration will be extended for another 5 years.

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.

Sample of an updated declaration on a special assessment of working conditions

SOUT practice shows that it is required only for harmless and safe places. The number of organizations that could inform the labor department about identifying workplaces where no harmful or dangerous factors were recorded was extremely small. This even applies to office spaces where computer equipment is installed and the level of illumination needs to be assessed. This indicator, coupled with a fixed working posture, did not allow the conditions to be declared as normal. For these reasons, Federal Law No. 136 dated May 1, 2016 was developed, which made it possible to hand over paper to those enterprises that were able to equip optimal and acceptable workplaces for personnel.

What information will be used to identify harmful and dangerous factors?

It has been established that in order to identify factors in the working environment and the labor process, sources of harmful and (or) dangerous factors in the workplace, employers will additionally have to present the results obtained from the following activities:

• production control over working conditions organized in the established manner at workplaces;
• Federal State Sanitary and Epidemiological Surveillance.

True, all these materials are provided by the employer only if they are available.