Deadlines for conducting a special assessment of working conditions (south). Schedule for special assessment of working conditions

On January 1, 2014, two laws came into force that provide for a new approach to assessing working conditions: Federal Law of December 28, 2013 No. 426-FZ "" (hereinafter referred to as the law on special assessment) and Federal Law of December 28, 2013 No. 421-FZ "" (hereinafter referred to as the law on amendments).

Since practice in this area has not yet developed, many questions arise when determining the timing of a special assessment of working conditions. The Chairman of the Committee on Labor Relations and Occupational Safety and Health of the Moscow City Branch of the all-Russian public organization of small and medium-sized businesses "Support of Russia", General Director of HSA Company will help us figure out the most difficult ones. Dmitry Tretyakov.

What seems quite piquant in this situation is the fact that, in fact, the results of the certification are valid from the moment it is carried out for a period of five years. My colleagues and I considered a situation where the certification materials were submitted on December 20, 2013. If we count five years from this date, then, accordingly, on December 20, 2018, the employer’s certification actually expires and for the remaining 10-day period he needs to conduct a special assessment, which is obviously impossible. This means that the legal requirements will not be formally met. This is a rather controversial point, but I believe that in this case it is better to play it safe and start conducting a special assessment before the expiration of the five-year period in order to have time to formalize the results by 2018.

Is it possible to “split” the conduct of a special assessment in an organization into several parts with the preparation of separate reports for each? If so, does this mean that the five-year period after which it is necessary to conduct a new special labor assessment (according to) will be calculated separately from the date of approval of each report?

Of course, it is possible to “split” a special assessment of working conditions into several parts. In this case, we are talking about a breakdown into individual divisions, offices, departments, etc. with the implementation of all the work on a “turnkey” basis in each group (that is, carrying out identification, measurements, drawing up a report, submitting the results to the State Labor Inspectorate). For this purpose, the organization draws up a schedule, which is approved by the Special Assessment Commission (). The results of the special assessment in each group are documented in a report.

Five years after the approval of each of the reports, a new special assessment must be carried out on this site. If, after five years, the employer decides to conduct a special assessment of the enterprise as a whole, without splitting it into separate divisions (offices, departments, etc.), then the reference date will be the date of approval of the first, earliest report.

As a rule, conducting a special assessment “in a separate manner” is convenient for large businesses with a large number of branches, since it allows you to plan the budget for this event.

If there are no accidents in the organization, the validity period of the declaration of compliance of working conditions with state regulatory requirements for labor protection is extended for another five years (). Tell us how the extension happens?

On April 7, 2014, Order No. 33n of the Russian Ministry of Labor dated January 24, 2014 came into force. In accordance with this document, workplaces that were presumably subject to declaration before the approval of the Methodology for conducting a special assessment of working conditions (for example, the so-called “office workplaces”) are now subject to mandatory measurements. This means that we do not declare them, but evaluate them. Theoretically, there are jobs that are subject to declaration, but their number in the total number of jobs subject to special assessment is negligible.

If we are talking about prolongation of the declaration of compliance of working conditions with state regulatory requirements for labor protection, then it is carried out automatically in the absence of accidents at these workplaces. This means that the declaration does not lose force, and its validity is considered extended for the next five years. In this case, the employer does not need to make any changes to the document.

Who should conduct a special assessment of working conditions, within what time frame, what responsibility is provided for failure to conduct or for violation of the procedure for conducting a special assessment. We will consider these and other questions in this article.

One of the main responsibilities of an employer is to provide its employees with safe working conditions in the workplace (Article 212 of the Labor Code of the Russian Federation). Conducting a special assessment of working conditions at workplaces is one of the activities carried out by the employer to fulfill this obligation.

On January 1, 2014, the federal law of December 26, 2013 No. 426-FZ “On the special assessment of working conditions” (hereinafter referred to as the Law) came into force, which introduced a new procedure - a special assessment of working conditions (SOUT). It replaced workplace certification.

SOUT is aimed at identifying harmful and dangerous factors in the working environment, assessing the level of their impact on the employee (Part 1, Article 3 of the Law).

Based on the results of a special labor assessment, the employer:

• determines classes (subclasses) of working conditions;
• provides workers with personal and collective protective equipment;
• establishes guarantees and compensation for employees provided for by law;
• organizes preliminary and periodic medical examinations;
• establishes an additional tariff for contributions to the Pension Fund;
• calculates a discount (surcharge) to the insurance premium rate for injuries;
• prepares statistical reports on working conditions.

SOUT is required, but not for everyone

The following categories of employees are excluded:

• homeworkers;
• teleworkers;
• employees who have entered into labor relations with employers - individuals who are not individual entrepreneurs.

In order to understand when it is necessary to carry out a planned special assessment, let us refer to the diagram:

Deadlines for conducting a planned special assessment of jobs created before 01/01/2014

A special assessment is carried out at least once every 5 years. The period is calculated from the date of approval of the report on its implementation (Part 4 of Article 8 of the Law). However, if the special assessment carried out confirms optimal or acceptable conditions in the workplace, and within 5 years from the date of approval of the report, no occupational diseases are identified in the organization and no accident occurs, the results of such a special assessment are automatically extended for the next 5 years. But if harmful/dangerous working conditions are identified, these workplaces are subject to a scheduled special assessment every 5 years.

Situation: Potentially hazardous working conditions

For potentially harmful/dangerous working conditions, the Law does not clearly stipulate the deadline for conducting a planned special assessment. But nevertheless, for these categories of workplaces, an assessment of working conditions should be carried out as soon as possible. (end of box)

Off-plan assessment

• when introducing a new workplace;
• if there is an order from the State Transport Inspectorate to conduct a special assessment;
• when changing the technological process at the workplace, when replacing production equipment, the composition of materials used, raw materials, etc.;
• if an accident occurred at the workplace (not due to the fault of third parties);
• if an occupational disease is detected;
• if there is a reasoned proposal from the elected body of the primary trade union organization to conduct an unscheduled SOUT.

SOUT Commission

Important: Similar jobs

The commission approves the list of jobs subject to special assessment and indicates which of them are similar (Parts 5-7 of Article 9 of the Law). It should be noted that the SOUT is carried out only in relation to 20% of similar workplaces (but not less than two places), and its results apply to all similar workplaces (Part 1 of Article 16 of the Law). According to Art. 9 of the Law, such workplaces are considered to be those that simultaneously meet the following conditions:

1. located in one or more similar production premises (production areas);
2. equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
3. where workers work:

• the same profession (position, specialty), performing the same labor functions;
• in the same working hours when conducting the same type of technological process;
• using the same production equipment, tools, fixtures, materials and raw materials;
• provided with the same personal protective equipment.

Is it always necessary to involve a specialized organization?

At the next stage, a specialized organization comes into play. Its task is to identify harmful or dangerous labor factors. Simply put, decide whether his work can harm a person’s health, and if so, then in what way. Harmful factors are listed in the Classifier approved by Order of the Ministry of Labor N 33n dated January 24, 2014.

It should be noted that identification is not carried out in relation to (Part 6 of Article 10 of the Law):

• workplaces of employees whose professions, positions or specialties are included in the lists for early assignment of old-age labor pension;
• workplaces where employees, in accordance with the law, are provided with guarantees and compensation for working under harmful and (or) dangerous working conditions;
• workplaces where, based on the results of previously conducted certification or special assessment, harmful and (or) dangerous working conditions were established.

So, an expert from a specialized organization carries out the identification, and its results are approved by the employer’s commission (Part 2 of Article 10 of the Law).

If harmful and (or) dangerous production factors in the workplace are not identified, then no further research is carried out (Part 4 of Article 10 of the Law).

For such workplaces, as well as places where working conditions are considered optimal or acceptable, the employer submits to its labor inspectorate a declaration of compliance of working conditions with state requirements.

Situation: Harmful or dangerous production factors have been identified

If harmful/dangerous production factors are identified, the commission decides to conduct research and measurements of these factors (Part 5 of Article 10 of the Law). Having finished measuring harmful factors, the expert organization and the commission of the audited company draw up a report on the results of the special assessment. It is signed by all members of the commission and approved by its chairman. The report form is in Order of the Ministry of Labor No. 33n dated January 24, 2014. Assessment cards for each workplace that have undergone the procedure are attached to it. As a result, working conditions are divided into classes and subclasses according to the degree of harmfulness, workers receive certain guarantees and compensation, and an additional rate of contributions to the Pension Fund is determined.

Characteristics of working conditions

The assessment has been completed, what next?

This period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, or periods of rest between shifts.

Important: update the information on the site

And if the organization has an official website, then it must organize the posting of summary data on the assessment results on it:

• on established classes (subclasses) of working conditions;
• on the list of measures to improve these conditions.

Information about the results of the special assessment must also be reflected in Table 10 of Form 4-FSS.

Employees also have an obligation to familiarize themselves with the results of the SOUT (Part 2 of Article 5 of the Law). Refusal to fulfill this obligation may be recognized by the employer as a violation of labor protection requirements. Such a refusal is grounds for disciplinary action (paragraph 2, part 1, article 214, article 192 of the Labor Code of the Russian Federation).

A specialized organization is obliged to transfer the results of the assessment to the Federal State Information System for recording the results of a special assessment of working conditions (Part 1 of Article 18 of the Law).

Administrative liability is provided for violation of the procedure for conducting or for failure to carry out special assessment procedures; its amount is indicated in the table.

Responsibility for violations of special assessment rules

The following actions/inactions of the employer may be considered a violation of the procedure for carrying out special assessment work:

1. failure to comply with the deadline for conducting a special assessment;
2. failure to familiarize employees with the results of special assessments at their workplaces;
3. violation of the procedure for processing the results of a special assessment;
4. conducting a special assessment:

• without involving a specialized organization;
• without forming a commission to conduct it;
• not in all workplaces.

Let's consider the frequency of conducting a special assessment of working conditions, how often the special assessment of working conditions is carried out and how much time the employer is given to assess working conditions when creating new jobs.

From this article you will learn

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In 2018, workplace certification results will no longer be valid. In addition, by December 31, all companies must conduct a special assessment of working conditions at previously uncertified workplaces. If you fail to do so, the State Tax Inspectorate will fine the employer up to 80,000 rubles. The inspectorate will also find fault with the fact that the employment contracts did not specify working conditions and did not provide employees with the necessary guarantees and compensation. There are separate fines for this. .

What is the frequency of SOUT?

The frequency of conducting a special assessment of working conditions is generally five years. The law also establishes other deadlines, which you will learn about in detail in the article. The countdown of the established time begins from the day when the finished report is approved. The results of such an event come down to two options: harmful factors were not identified and harmful factors were identified and classified.

The frequency of the special assessment assessment is established after the assessment of conditions is carried out for the first time. Newly created jobs must be assessed within 12 months from the date of their creation. Such deadlines are established by law and must be observed by all employers. Taking into account the fact that, on the basis of Article 212 of the Labor Code of the Russian Federation, employers are obliged to ensure safety, labor protection and promptly inform their employees about the production conditions in which they work.

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Ivan Shklovets answers:
Deputy Head of the Federal Service for Labor and Employment.

SOUT, how often is it carried out when the cases specified in paragraphs 1 and 3 occur? An unscheduled assessment must be carried out within 12 months. If the circumstances specified in paragraphs 2 and 4–7 occur - within six months. If the employee’s position has changed, the full name or full name has changed. individual entrepreneur, but the relevant events specified in paragraphs 3-5, 7 have not occurred, an unplanned special assessment may not be carried out on the basis of Article 17 of the Law of December 28, 2013 No. 426-FZ. Find out more about unscheduled assessments in the feature article: from five to ten thousand rubles. The fine for legal entities ranges from 60 to 80 thousand, for individual entrepreneurs from 5 to 10 thousand. Read the article for more details: “Penalties for the absence of SOUT”

Frequency of conducting special safety assessments at workplaces and deadlines for informing supervisory authorities

The legislation establishes how often SOUT is carried out in an organization. There are also deadlines for informing supervisory authorities and employees themselves about the results of the special assessment. The report is submitted to the state labor inspectorate specialized organization, which was involved in the assessment. The notification is sent to the State Tax Inspectorate within ten working days. The employee is notified of the results within 30 calendar days. The results of the SOUT are posted on the organization’s website within three working days.

The frequency of conducting SOUT is established by law. In general, special assessments are carried out every five years, unless other deadlines are established by the appraisers. An unscheduled assessment is required in certain situations. The results obtained are reported to the state labor inspectorate, State Labor Inspectorate, and information is posted on the company website. Employees are informed about the level of impact of production factors on their health within 30 calendar days.

Since the beginning of 2014, Federal Law No. 426-FZ dated December 28, 2013 (hereinafter referred to as the Law on SOUT) has been in force. Its provisions completely abolished the certification of workplaces, and instead introduced a new procedure for analyzing harmful factors at work - a special assessment of working conditions (hereinafter referred to as SOUT).

Despite the fact that the transition period is still ongoing, and for many the deadline for carrying out the special labor inspection will be December 2018, labor inspectors are already conducting regular and unscheduled inspections, identifying thousands of violations. To avoid incurring fines and penalties, employers should understand the innovations as early as possible.

The essence of a special assessment of working conditions

SOUT, in essence, is a check and assessment by independent experts of working conditions at predetermined workplaces. If work is associated with harmful and dangerous influences, a specialized organization makes the necessary instrumental measurements and, having established the influence of conditions on people working there, assigns the workplace one of the possible classes:

• Optimal; acceptable;
• Harmful; dangerous.

The amount paid by the employer for its employees to the Pension Fund of the Russian Federation, as well as the amount of benefits entitled to employees (additional leave, shortened working hours, etc.) depends on the results of the SOUT.

Reducing the impact of detected harmful factors in the future can minimize the established additional tariff and even reduce it to zero, and will also reduce the employer’s costs for compensation and guarantees for employees engaged in hazardous production. It turns out that the better the working conditions of employees, the less the employer will have to pay.

Who needs to conduct SOUT?

The Law on SOUT places the responsibility for financing and organizing the special assessment process on all employers - legal entities and individual entrepreneurs who employ employees. Accordingly, a special assessment of working conditions is not required:

1) Entrepreneurs operating without hiring employees;

2) Employers - individuals.

What is subject to special assessment?

The working conditions of employees are assessed based on the physical parameters of their workplaces, i.e. places under the control of the employer, to which employees need to arrive to perform their job duties. According to the Law on Specialized Labor and Employment, the positions of all employees must be assessed, except those who:

• works for employers - individuals;
• works from home;
• performs work remotely.

Working conditions are checked at all workplaces, taking into account their similarity. Jobs that are considered similar are:

• are located in similar areas with the same lighting, ventilation and heating conditions;
• equipped with the same production equipment and personal protective equipment;
• involve the work of employees with the same positions and job functions.

Despite the fact that only a fifth of similar workplaces are subject to inspection (but not less than two), the results of a special assessment of working conditions apply to all similar workplaces.

Timing of the planned SOUT

From 2014 to 2018, legislators provided for a transition period, during which the results of previously conducted certification of workplaces will be valid and a phased implementation of a set of assessment measures will be possible. However, there are workplaces where SAS needs to be carried out immediately. The Law on SOUT lists the deadlines given to employers to obtain the primary results of a planned special assessment for various groups of jobs:

1) At workplaces certified to entry into force of the Law on SOUT, the special assessment is carried out until the end of the validity of the certification results, i.e. within five years from the date of its implementation.

Important! At the employer’s initiative, it is possible to conduct a planned special assessment ahead of schedule. This may be required in cases where working conditions at workplaces have been improved since the certification, and based on the results of the assessment and assessment, the employer plans to reduce its costs of providing guarantees and compensation to preferential categories of employees.

2) At workplaces that are active and not previously subject to certification:

A) The special assessment is carried out until December 31, 2018, if the type of these jobs is not listed in clauses 1, 2, part 6 of art. 10 of the Law on SOUT. This list includes jobs of employees whose duties are related exclusively to:

• working on computers;
• periodic use of printers, copiers, and household appliances.

However, the process of organizing SOUT should be carried out in stages and not be postponed until the end of 2018. After all, the rush demand for the services of experts and the workload of specialized organizations - appraisers at the end of the transition period can create conditions in which obtaining the results of the assessment system within the specified time frame will become impossible.

b) A special assessment is carried out immediately if the type of these jobs is included in clauses 1, 2, part 6 of art. 10 of the Law on SOUT. Such workplaces include those where work provides employees with:

• early retirement in old age;
• guarantees and compensation in connection with dangerous and harmful working conditions.

When does the five-year validity period end? of the results of the primary assessment system, there is a need to conduct a re-assessment, but only for those employers who had previously identified dangerous or harmful working conditions. For employers who have a declaration of workplace compliance with established standards (of course, if working conditions have not changed and remain safe), the effect of the results recorded by the primary SOUT is extended for the next five years, reducing the employer’s expenses for carrying out special assessment activities.

If no circumstances arise that cancel the validity of the declaration, it, according to experts, will continue to work, because the Law on SOUT does not provide for the number of possible extensions. However, judicial practice has not yet been formed on this issue and it is quite possible that different opinions may soon arise.

In what cases is an unscheduled SOUT required?

The transition period does not apply to unscheduled special assessments, which means that now all employers who experience the events listed in Art. 17 of the Law on SOUT, within six months they are required to carry out unscheduled measures to assess working conditions. Conditions that cause unscheduled emergency conditions include:

• the creation of new jobs, including only for registered employers;
• changes in the production process, composition of materials used and other factors that may affect the harmfulness and danger of work for workers;
• an employee’s occupational disease or industrial accident, the occurrence of which is associated with dangerous working conditions;
• union demand;
• instructions from the labor inspectorate.

Who conducts a special assessment of working conditions?

To identify potentially dangerous factors, measure deviations from the norm, as well as to document the results of the special assessment system, the employer must engage a specialized organization on the basis of a civil law contract. In addition, it is possible to simultaneously conclude a voluntary liability insurance agreement in order to minimize the risk of damage during the process of measurements, research and other aspects of the experts’ work.

Taking into account the requirements of the Law on Special Assessment of Expertise regarding the independence of experts, restrictions are imposed on the list of persons allowed to conduct a special assessment. For example, the founder of the organization being inspected or his close relative cannot conduct an audit.

Specialized organizations must also comply with the conditions prescribed in the Law on SOUT, compliance with which is confirmed by certification of the Ministry of Labor of the Russian Federation and inclusion in a special register, open for review on the website www.rosmintrud.ru. In particular, until December 2018, this register will include companies that were previously admitted to certification of workplaces and have an accreditation certificate valid as of the current date.

Before concluding an agreement on carrying out SOUT with any company, the employer must check its compliance with all legal requirements. Otherwise, the results of the special assessment of working conditions may be canceled by the labor inspectorate, and the employer will have to bear the costs of conducting a repeat, unscheduled assessment.

Results of a special assessment of working conditions

The results of the SOUT are compiled in the form of a report from an expert organization in a form approved by the Ministry of Labor. The document reflects a list of specific workplaces and the classes and subclasses of working conditions established for them. The results of the SOUT become effective from the date the report is signed and oblige the employer to:

• transfer additional amounts to the Pension Fund (for the classes “harmful” - from 2 to 7% and “dangerous” - 8%);
• provide the necessary guarantees and compensation to employees;
• provide workers with the necessary protective equipment;
• carry out activities that influence the minimization and elimination of the harmfulness and danger of production factors;
• exercise control over maintaining the safety of workplaces included in the “optimal” and “permissible” classes.

Within the next 30 calendar days, all employees whose workplaces were inspected during the special inspection must be familiarized with the report. If an employee does not agree with the results, he has the right to request a state examination of his workplace. If the results of the assessment system do not satisfy the employing organization, it can submit an application to the Ministry of Labor and Social Protection, appeal the unfounded or inaccurate results of the inspection and conduct a second special assessment.

In addition, within the next month, the results of the SOUT must be posted by the employing organization on the official website (if available). The territorial body of the FSS is notified within the deadlines provided for the submission of current reports, and the information is submitted by inclusion in section 10 of form 4-FSS.

Responsibility for violations in the field of SOUT

During the first year of operation of the Law on Special Labor Laws, more than 23 thousand were recorded, and in the first half of 2015 - over 11 thousand cases of non-compliance with labor legislation. According to the Federal Labor and Employment Service, which analyzed the violations identified, the most common employer misconduct is:

1) Failure to carry out special assessment procedures in cases where it is necessary;

2) Failure to communicate the results of the special operational assessment to employees;

3) Violation of the procedure for conducting SOUT in terms of:

• non-involvement of a specialized organization;
• absence of a commission or non-involvement of workers in its composition;
• analysis of not all eligible jobs;

4) Lack of proper documentation of the results of a special assessment of working conditions;

5) Failure to provide adequate guarantees and compensation based on the assigned classes of working conditions.

Both the organization itself that committed the offense and its officials (manager, occupational safety specialist or other person who, by virtue of the position or order of the director, is entrusted with the responsibility for carrying out the special labor safety system) can be held accountable for violations in the field of SAW. Moreover, the application of punishment to a legal entity can be carried out simultaneously with the holding of responsible employees to administrative responsibility, which comes from the analysis of Part 3 of Art. 2.1 Code of Administrative Offenses of the Russian Federation.

Administrative punishment for failure to carry out or violation of the procedure for organizing SOUT is determined in accordance with Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, and its shape and size depend on a number of factors:

• in relation to whom it is applied (legal entity, individual entrepreneur or official);
• primary or repeated prosecution;
• absence of a threat to life and health (warning or fine) or harm to employees (suspension of activities and disqualification of persons) due to the employer’s misconduct.

In particular, the fines are provided for:

1. For organizations – 60-80 thousand rubles. for primary and 100-200 thousand rubles. in case of repeated offense;
2. For individual entrepreneurs and officials – 5-10 thousand rubles. for primary and 30-40 thousand rubles. upon repeated offence.

When a violation entails a threat to human health or an accident, punishment can be applied in the form of suspension of the activities of a legal entity or individual entrepreneur for 90 days, and officials held accountable are disqualified for a period of one to three years.

Conclusion

The state tries to protect its citizens and provide them with certain rights, including the right to safe work. According to statistics, about 40% of existing jobs are associated with risk factors for health and life. By introducing a mandatory assessment of the harmfulness and danger of working conditions, legislators minimize the likelihood of injuries or illnesses received at work.

I am glad that when carrying out state regulation in the field of labor protection, not only “sticks” were provided in the form of fines and penalties for failure to comply with the requirements of the Law on Labor Safety, but also “carrots” that provide a bona fide employer with a minimum of additional costs and the constant extension of the declaration of conformity. In addition, for an employer who has organized the SOUTH system in a timely and high-quality manner, even reports to the state information system can be sent by a specialized company that carried out the assessment.

26.12.2017 13:22:00

A special assessment of working conditions is a procedure that is, of course, mandatory for every employer in Russia. And, although the SOUT procedure is formalized at the official level, it contains rather liberal theses. For example, the timing of the SOUT in the organization. As follows from paragraph 6 of Art. 27 of the Federal Law “On Special Assessment of Working Conditions” No. 426-FZ, inspection of some places is allowed to be carried out in stages, the main thing is to complete it by the end of December 2018.

Courts evaluate this requirement differently and sometimes issue contradictory rulings. It happens that fines for missed deadlines for conducting SOUT reach two hundred thousand rubles. To avoid financial losses, the employer needs to clearly understand the frequency with which the SOUT is carried out, how the initial and subsequent inspections differ, what is the validity period of the SOUT, and so on.

SOUTH: FREQUENCY AND TIMELINES

When starting its activities, a new organization sometimes does not even suspect what activities it will need to carry out - even if they are of a purely formal nature. Any enterprise in Russia is required by law to undergo the SOUT procedure. The period for the first time (for new organizations) is no more than six months. That is, after registering a company, the employer must conduct an inspection of working conditions in the first 6 months of its work.

If an enterprise has existed for more than six months, and an inspection has never been carried out since its formation, then this must be done as quickly as possible, or better, as they say, yesterday. The results of the special assessment are valid for 5 years from the date of issuance of the report based on the results of the audit. Carrying out special labor safety regulations in the workplace, according to the Labor Code of the Russian Federation, is explained by the fact that the employer undertakes to ensure: safety and labor protection of workers; informing employees about the conditions under which they work, and so on.

Also from Art. 219 of the Labor Code follows that employees can count on: safety and security of the conditions in which they work; informing about the danger/harmfulness of these conditions. When hiring a job, a person has every right to demand from his employer information about the level of risk and potential (or actual) harmful factors in the work process. Even if it concerns the banal presence of a computer screen. If the employer ignores this right and does not disclose information to the hired employee, the employee can contact the state supervisory authority. The very fact of such treatment already means for the employer a fine of 80 thousand rubles and a requirement for an urgent special assessment of working conditions. If the state supervision order remains unheeded, the organization faces suspension of activities for up to 90 calendar days.

SOUTH RESULTS: WHAT TO DO WITH THE INSPECTION RESULTS?

Based on the results of the assessment, harmful factors may not be identified at all. In this case, the workplace can be declared to the Labor Inspectorate. Since the working conditions at this place comply with labor safety standards, it means that there is no need to inspect this place in the future. If the employer does not reorganize the workplace in the next 5 years, then he will not need an unscheduled SOUT. The declaration will be automatically renewed. Then the validity period of the SOUT is 5 years. But the law does not allow interruptions in inspections. Therefore, after five years, the employer must already have the results of mandatory certification of workplaces for working conditions (AWC).

If the employer carried out an automated work procedure no later than January 1, 2014, then he is allowed not to do any checks until the expiration of the certification.

TIMELINES FOR UNSCHEDULED SOUTH

Any employer may have reasons for an extraordinary assessment. In such cases, the frequency of the special labor assessment shifts, and the organization has the right to conduct a labor assessment within two time intervals: six months and a year.

WHAT TO DO AFTER THE SPECIAL ASSESSMENT?

When the SOUT procedure is completed and the report on its results is approved, the employer must notify the inspection organization within 3 working days; within a month (30 days), familiarize employees with the results of the SOUT (they must sign after reading), post the information no later than 30 days about the results of the SOUT on the enterprise’s website (if available).

FOR WHAT TIME ARE THE MATERIALS AND SOUTH REPORTS VALID?

The deadline for preparing reporting documentation is determined by the employer at the stage of collecting the inspection commission. The period of storage of materials according to SOUT in archives is 45 years, and in case of detection of dangerous/harmful production factors - 75 years. The validity period of materials according to the safety standards is during the entire period of establishment of the hazard class or during the validity period of the declaration that working conditions comply with safety standards.

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