In what cases is unscheduled certification of workplaces carried out?

What is an unscheduled SOUT?

All employers must carry out SOUT and VSOUT within the time limits established by law and, based on the results of the inspection, provide a declaration of compliance with the GIT. Russian legislation obliges all business entities to do this in order to determine the degree of impact of various factors on the health of workers at their main places of activity.

The responsible specialist conducts SOUT

Important! A special assessment of SOUT is not needed only for remote, home-based employees.

Differences from planned special assessment

Every employer is obliged to make scheduled special assessments every five years, based on the results of which classes and subcategories of working conditions at the enterprise are determined. An unscheduled SOUT is needed when there are significant changes in the production process that happened (or are about to happen) during the pause between planned special assessments. By planned we mean the previous and the future, unplanned fits into the interval between them.

Special labor assessment: planned or unscheduled

What is SOUT

Special assessment of working conditions is a set of measures aimed at identifying dangerous and harmful factors in the production environment and work process and assessing the level of their impact on the employee, taking into account deviations from established standards of normal working conditions

. It is also aimed at studying the effectiveness of collective and individual protection of workers.

Regulatory documents that regulate the conduct of a special assessment of working conditions:

• Federal Law No. 426-FZ “On special assessment of working conditions”;
• Approved by Order No. 80n dated 02/07/2014 of the Ministry of Labor “The procedure for creating and maintaining a register of declarations of compliance of working conditions with state regulatory requirements for labor protection” and “Form and procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection”;
• “Methodology for conducting a special assessment of working conditions”, approved by Order No. 33n dated January 24, 2014 of the Ministry of Labor.

The SOUT also uses the “Procedure for the formation and maintenance of a register of experts of organizations conducting a special assessment of working conditions”, “Form of an expert certificate for the right to perform work on a special assessment of working conditions, technical requirements for it” and “Instructions for filling out the form for an expert certificate for the right to perform work on special assessment of working conditions." All these documents were approved by order of the Ministry of Labor of the Russian Federation No. 32n dated January 24, 2014.

Grounds for inspection

An unscheduled special assessment of working conditions is carried out in the following cases:

• sending an order to the employer from the GIT inspector;
• industrial accident;
• diagnosing an employee with an occupational disease recognized as a result of constant contact with hazardous factors;
• initiative of the trade union body;
• introduction of new jobs into the staff structure;
• putting new equipment into operation;
• integration of innovative technologies into the production process;
• introduction of a new raw material base that can change working conditions.

Targeted training on labor protection: in what cases is it carried out?

The document that serves as the basis for performing the relevant work is an order from the manager. An order is being prepared to appoint an authorized commission.

Note! The team members include responsible officials delegated by trade union representatives. By order, the manager establishes tasks, deadlines for carrying out work, reviewing, approving, and signing the final documentation.

In what cases is an unscheduled special assessment of working conditions required?

Assessment of hazardous working conditions can be carried out by various organizations vested with appropriate powers. The choice of a specific institution that will deal with VSUT depends on such parameters as the specifics of the enterprise, the scope of its activities, methods of workplace research, etc.

You may be interested in : Additional payment for hazardous working conditions

The conditions and methods of implementation are regulated by labor legislation, namely by order of the Ministry of Labor No. 549n. The most common situations when an unscheduled special assessment of working conditions is carried out are:

• checking the compliance of the qualifications of the working personnel with production requirements immediately after the recertification procedure;
• monitoring management's fulfillment of obligations to accrue and pay monetary compensation for work under the influence of harmful or dangerous production factors;
• checking the quality of equipment, production premises, technologies and other related characteristics for compliance with legislative standards on labor protection;
• checking the availability of collective protective equipment (fire alarms, ventilation systems, fire extinguishing equipment, etc.) and personal protective equipment (protective uniforms, respirators, etc.), as well as their quality and integrity.

The items listed in the list do not reflect all possible situations that require an unscheduled implementation of an emergency assessment system. The specific set of required activities always differs for different enterprises and the grounds used to initiate SOUT. In addition, it can also be supplemented by mandatory measures in accordance with the local regulations of the enterprise.

When VSUT is not required

There is no need for an unscheduled special assessment of working conditions in the following cases:

• due to the reorganization procedures performed, the registration details and the legal name of the business entity changed, but the conditions for conducting business remained without adjustments;
• changes were made to the current staffing table, such as renaming positions, but the actual functionality and workplace of the performing employee were not affected;
• a new contractor has been hired, but there have been no recent adjustments to working conditions at the workplace;
• if the accident occurred, it was due to the fault of third parties, which can be proven, or on the territory of the enterprise, but in a workplace that is not assigned to the employee.

Certification of workplaces or special assessment of working conditions

The decision that an unscheduled inspection at the scene of an incident or simply at the enterprise will not be carried out is made by a specially assembled commission.

Note! Based on the results of its meeting and the issues considered, a protocol is drawn up (it must comply with legal requirements; samples are available on the Internet and in enterprise standards).

How to recognize the results of SOUT when changing the staffing table?

How to recognize the results of SOUT when changing the staffing table? The employer renamed the workplace where the SOUT was carried out (conventionally – “manager” to “product manager”), formalizing this with an order “to change the staffing table”, while the employee’s job responsibilities, his location, the equipment used, etc. d. ¬ have not changed. Question: How, in this case, can the results of the SOUTH in the “manager” workplace be recognized as valid for the “product manager” workplace and how can this be formalized correctly?

It is not necessary to conduct an unscheduled SOUT in your case. If there have been no changes in the technological process, there is no reason to carry out an unscheduled special assessment work specified in Article 17 of Article 17 of the Law of the Russian Federation “On Special Assessment of Working Conditions” dated December 28, 2013 No. 426.

In your situation, we recommend doing the following:

After approval of the staffing table, you need to prepare an act and order by the organization’s commission stating that there are no grounds for conducting an unscheduled SOUT. A sample act and order regarding the absence of grounds for conducting an unscheduled special assessment of working conditions, specified in Article 17 of the Law of the Russian Federation “On Special Assessment of Working Conditions” dated December 28, 2013 No. 426 in connection with the renaming of the position.

Commission ACT _____________________ No.___________ dated “__”______20___

A commission consisting of a chairman: head of the labor protection service___________ Member of the commission: chief technologist _________________________________________ Member of the commission: head of the technical department _____________________________ In the presence of a welder, product manager _________________________________ Based on information from the personnel management service about the renaming of the position in connection with bringing it to Professional Standard No._____ from “___” __________20___,

INSTALLED

1. According to the special assessment of working conditions previously carried out in “___”________2016 according to the special assessment card for workplace No.____ “Manager” of the workshop___________, class ___________ was established.

2. Due to the new staffing table, it is necessary to rename the position “Manager” to “Product Manager”

3. The Personnel Management Service asks to provide the grounds for conducting an unscheduled special assessment of working conditions, specified in Article 17 of the Law of the Russian Federation “On Special Assessment of Working Conditions”:

The commission found that the renaming of the position did not entail the organization of a new workplace, a change in the technological process, replacement of production equipment, a change in the composition of the materials and (or) raw materials used, or a change in the individual and collective protective equipment used. The commission also established the absence of motivated proposals from the employee himself and his representative body (if any) to conduct an unscheduled special assessment of working conditions.

In connection with the above, the commission

DECIDED

1. No grounds have been identified for conducting an unscheduled special assessment of working conditions specified in Article 17 of the Law of the Russian Federation “On Special Assessment of Working Conditions” dated December 28, 2013 No. 426 at the workplace (card number___).

2. Consider the SOUT card No.____ name of the “Manager” workplace valid for the “Product Manager” workplace.

3. Grounds for an unscheduled special assessment of working conditions. Send this act for approval to the head of the organization.

Commission ____________________

Order No.___________ dated “__”______20___ On approval of the act of the Commission ______________ dated “___”________20__.

Having considered the materials of the commission,

I ORDER

1. Approve the act on the absence of grounds for conducting an unscheduled special assessment of working conditions, specified in Article 17 of the Law of the Russian Federation “On Special Assessment of Working Conditions”: 2. Ensure that the act is stored together with the SOUT card No.____. 3. Familiarize employees and interested parties with this act and this order.

Head of the organization__________________

Answers prepared by the editors of the website “MCFER Occupational Safety and Health” https://www.trudohrana.ru

Who is required to conduct SOUT and within what time frame?

Unscheduled and planned SOUT should be carried out in the following cases:

• an order was issued from Rostrud to carry out appropriate actions;
• there was an accident that resulted in serious consequences (injuries, death);
• During inspections at workplaces, diseases were discovered that were a consequence of the negative impact of hazardous production factors on employees (in other words, occupational diseases);

Labor assessment at different sites

• new jobs were introduced;
• the company began to use new equipment, raw materials or materials that it had not previously used;
• in order to protect against occupational hazards, personal protective equipment has been centrally introduced;
• the proposal is motivated and put forward by a workers' body or trade union organization.

Important! Workplaces before the SOUT must be arranged and equipped, otherwise inspection will be impossible.

Deadlines

Unscheduled inspections are carried out within a period of at least six months after the corresponding need has arisen and has been declared. But in some cases, the terms increase to one calendar year.

Note! Repairs and redevelopment of the premises being inspected are not included in the list of conditions for the assessment, with the exception of situations where the new dimensions of the premises are too small and have a negative impact on the work of employees.

The procedure for conducting an unscheduled special assessment

When a unified system for certifying workplaces at enterprises was in effect, unscheduled assessments were regulated by paragraphs. 47-48 of Order 324, but the new Federal Law-426 abolished it. The current procedure and stages of assessment of an extraordinary type are as follows:

1. Preparatory work - a list of jobs that will be assessed is determined, an expert firm is selected, and a commission is formed.
2. Identification of potentially dangerous, harmful factors is mandatory with further declaration of the degree of compliance of the current parameters with the declared ones.
3. Measuring the degree of influence of these factors is necessary to determine the hazard class.
4. Approval of the report on the assessment results - according to the sample.
5. Declaration of data.

The inspector makes notes based on the results of the inspection

The management of the enterprise needs to prepare for the SAW, since workplaces are assessed first, especially if they are supposedly affected by harmful factors to the maximum.

Note! Preparation and payment for the inspection are the employer’s obligations.