Register of experts from organizations conducting special assessments of working conditions.

General requirements for organizations conducting SOUT

Carrying out such a responsible procedure as SOUT can be entrusted only to organizations that meet the established requirements. The characteristics that an organization must have in order to be allowed to conduct special assessments are set out in Art. 19 of the law of December 28, 2013 N 426-FZ “On special assessment of working conditions”:

1. SOUT must be indicated in the constituent documents of the company as one of the types of activities.
2. The organization must have at least five SOUT experts on staff
3. The organization must have a testing laboratory that has passed the accreditation procedure.

The Ministry of Labor enters companies that are authorized to conduct special labor assessments into a special register. It is conducted in accordance with the Decree of the Government of the Russian Federation dated June 30, 2014. No. 599. Let us consider in more detail the procedure for accounting for such companies and maintaining the register.

Normative base

Special assessment of workplaces is regulated by several legal acts:

• Labor Code;
• the relevant Law of December 28, 2013 No. 426-FZ, which describes in detail the procedures for assessment activities and the rules for systematizing their results;
• by order of the Ministry of Labor dated January 24, 2014, No. 33n (hereinafter referred to as Order No. 33n).

The Ministry of Labor for employers has developed and approved by its Order No. 33n a methodology for conducting a special assessment, as well as a classification scale for hazardous and harmful factors at production facilities.

Order No. 33n provides a template for a report on a completed special assessment and instructions for filling out this reporting form.

To provide employers with up-to-date information, a register of organizations conducting special assessments of working conditions has been created. The Ministry of Labor is in charge of its management.

Information entered into the register

The register contains the following information about the organizations included in it (clause 13 of resolution No. 599):

1. Name and location. If there are branches and representative offices, information is indicated for each of them.
2. INN, ORGN.
3. Registration number in the register.
4. Date of inclusion in the register.
5. Date and reason for suspension of activities related to carrying out the Special Operations Operations.
6. Date and reason for resumption of activity.
7. Date and reason for exclusion from the register.

Decisions of the Ministry of Labor to include a company in the register, records of suspension, resumption of activities or exclusion from the register are the basis for the company’s admission to conduct special assessment work or for a ban on conducting this activity.

Experts from an organization conducting a special assessment of working conditions

On January 1, 2014, Federal Law No. 426-FZ “On Special Assessment of Working Conditions” came into force. This normative act mentions for the first time the term “expert of an organization conducting a special assessment of working conditions.” An organization’s expert is a person who has “passed certification for the right to perform work on the service “special assessment of working conditions” and has an expert certificate for the right to perform work on a special assessment of working conditions” (Article 20, clause 1 of Federal Law No. 426).

Federal law imposes requirements on experts of an organization conducting a special assessment of working conditions, which are as follows:

1. “having a higher education;
2. availability of additional professional education, the content of the additional professional program of which includes studying the issues of assessing working conditions in an amount of at least seventy-two hours;
3. having at least three years of practical experience in the field of assessing working conditions, including in the field of certification of workplaces based on working conditions” (Article 20, clause 3 of Federal Law No. 426).

An expert is an integral key unit of an organization conducting a special assessment of working conditions. The organization must have “at least five experts” (Article 19, clause 1 of Federal Law No. 426). All NCOT experts have the necessary experience (from three to ten years) in the field of assessing working conditions and meet all the requirements of current legislation.

Procedure for maintaining the register

Entry of information about a company into the register is carried out on the basis of an application. The application form is not regulated, but it must contain general information about the company and confirmation that the applicant meets the requirements of Art. 19 of Law No. 426-FZ.

The Ministry of Labor reviews the application and makes a decision on inclusion in the register within 20 working days. A decision to refuse may be made if incomplete or incorrect information is provided.

The company’s activities in carrying out special technical assessments may be suspended in the following cases (clause 15 of Resolution No. 599):

1. Bringing an organization to justice in the form of administrative suspension of activities
2. Suspension of accreditation of a testing laboratory.

The Ministry of Labor, having received relevant information from other departments, makes an entry into the register about the suspension of activities within 5 days.

If the reasons for suspension have been eliminated, the organization can send an application to the Ministry of Labor, attaching supporting documents. The department considers the request and within 20 working days makes an entry into the register about the resumption of activities.

An organization may be excluded from the register in the following cases (clause 20 of resolution No. 599):

1. Termination of activities. This is meant as its cessation “in general”, i.e. liquidation or reorganization of the company, as well as termination of activities only in the field of SOUT.
2. Termination of accreditation of a testing laboratory
3. Termination of the SOUT expert certificate if after this the number of full-time experts in the company is less than required by law.

All information in the register is stored indefinitely and is freely available (posted on the website of the Ministry of Labor).

FIND AN ORGANIZATION IN THE SOUTH REGISTER

Register of SOUT organizations

The register was created to help legal entities that will have to undergo a set of measures to identify unfavorable factors in the labor process and determine the level of their influence on workers. It greatly facilitates the search for an expert organization based on the required parameters and provides users with brief information about each of them.

The register of organizations conducting a special assessment of working conditions is located on the specialized web resource of the Ministry of Labor of the Russian Federation. In order to visit it, you need to follow ]]>link]]>. The Ministry of Labor of the Russian Federation is responsible for the formation and maintenance of the register.

The main regulatory act regulating the procedure for registering companies in a special register is Decree of the Government of the Russian Federation dated June 30, 2014 No. 599.

The information on the site is updated periodically. Companies that have been deprived of accreditation and liquidated entities are removed from the list. An organization will be able to enter the register only if it meets the requirements specified in Art. Law No. 426-FZ.

Once on the website, users will be given the opportunity to:

• set search parameters for the desired company or expert;
• familiarize yourself with all organizations included in the register;
• familiarize yourself with the list of organizations that are registered in a particular region of the Russian Federation;
• download the necessary information to a file in Excel format.

How to check an organization conducting SOUT?

The organization conducting the special assessment of labor conditions must have at least 5 experts working under an employment contract and having an expert certificate for the right to perform work on a special assessment of working conditions, including at least one expert who has a higher education in one of the specialties - a doctor in general hygiene, occupational hygiene doctor, sanitary and hygienic laboratory research doctor.

Data on experts can be found on the website of the Ministry of Labor.

Please note that in the Register of Experts of Organizations Conducting a Special Assessment of Working Conditions, there is no information about which organization the expert works for, and accordingly, there are no guarantees that the special assessment will be carried out by an expert who actually works in the reporting organization. Therefore, in order to make sure which experts work in the SOUTH organization, in addition to copies of expert certificates, you should request duly certified copies of employment contracts and documents confirming the status of the expert doctor.

When working with the Register, it is necessary to take into account information signs that may be indicated in the first column of the register next to the registration number of the organization:

changes have recently been made to the information about the organization (name, form of ownership, address, etc. have changed);

the organization's accreditation has been suspended;

the organization has been excluded from the Register , and its data has been crossed out.

Using the extract, you can find out current information about the organization. For example, is the information about the location, general director, and authorized capital of the company correct? When and by whom the company was created. The extract is also relevant if you need to confirm the termination of activities by a legal entity during liquidation or reorganization.

Also, the Customer, when choosing an Organization conducting SOUT, should pay attention to several more criteria:

1. Experience of the Organization conducting SOUT and positive feedback on the work performed.

2. Personnel composition, its consistency and qualifications.

3.Technical equipment with measuring instruments, instruments, software.

4. The organization conducting the SOUT has an existing quality management system, which, in addition to posting the relevant information on the website, is evidenced by the Certificate of Conformity GOST R ISO 9001.

5.Membership of the Organization conducting the SOUT in a self-regulatory organization.

6. Availability of positive conclusions from the state examination of working conditions in order to assess the quality of the special assessment of working conditions and the correctness of providing employees with guarantees and compensation for working in harmful and (or) dangerous working conditions.

7. Liability insurance of the organization conducting SOUT to the customer.

Draw your attention to:

Carrying out a special assessment of working conditions by a company that does not even partially contain the risks listed above may lead to claims from the authorities monitoring the activities of employers and SOUTH organizations: the State Labor Inspectorate, Rosaccreditation, Rospotrebnadzor, executive authorities of the constituent entities of the Russian Federation in the field of labor protection.

Claims from controllers are fraught with repeated costs for you to carry out SOUT, legal costs against an unscrupulous SOUT company and loss of time, moral costs for your employees.

If you do not have time to conduct a proper check of the counterparty to whom you entrust the implementation of the SOUT, or if you have any doubts regarding his legal capacity and professionalism, contact Rustrudexpert!