What to do if working conditions have changed, and in 2022 the results of the SOUT are extended?

This year the special assessment of working conditions (SAL) turns 6 years old. It appeared at the beginning of 2014, and is regulated by the Federal Law of December 28, 2013 No. 426-FZ “On the special assessment of working conditions.” Before this, the procedure was called “Workplace Certification.”

Since then, this procedure has changed several times. The extreme case is amendments dated December 27, 2019, No. 451-FZ. This segment of legislation is constantly being adjusted to improve the quality of assessment. To ensure that workers' rights are respected.

SOUT in 2022

In 2022, the procedure itself has not undergone any significant changes. However, the preparatory procedures and final stages of the special assessment have changed.

The most important thing is that the accredited organization conducting the special assessment now has an obligation to enter the employer into the FSIS SOUT system with the assignment of a special identification number.

The conditions for using assessment results have also changed. From the beginning of 2022, they can be used only from the moment of their registration in the FSIS SOUT system (previously - from the date of approval of the report).

The assessment still needs to be carried out every five years. However, if working conditions have changed, it must be carried out immediately after the changes.

Procedure for informing Rostrud

The submission of a declaration on SOUT to the labor inspectorate is regulated by Appendix No. 2 to Order of the Ministry of Labor No. 80n dated 02/07/2014, and the form is regulated by Appendix No. 1 to the same order and is submitted to the State Labor Inspectorate within 30 days from the date of approval of the report. The order specifies who submits the declaration of compliance of working conditions with state regulatory requirements - all employers. If the documents are filled out incorrectly or lack necessary information, they will be returned for revision. If everything in the form is correct, then the labor inspectorate is obliged to accept the document and register the declaration within ten working days.

Where to submit a declaration of conformity with working conditions

If, based on the results of a special assessment, the organization has jobs with 1st or 2nd class, then the management faces the question: when and where to submit information about the special assessment in order to avoid fines and reduce the costs associated with paying contributions for injuries. The SOUT declaration is submitted electronically on the labor inspectorate website or on paper to the territorial body of the State Labor Inspectorate (where the enterprise is registered), or, more simply, the State Labor Inspectorate. The deadline for submission is 30 days from the date of approval of the report based on the results of the SOUT.

Submission methods

The documents are submitted by the employer represented by the general director or his authorized representative in one of the following ways:

• personal (visit the state inspection and submit documents on paper);
• provision is made for submitting the SOUT declaration in electronic form on the official website of the Federal Labor Service (in this case it is signed with an electronic digital signature);
• through Russian Post (the same as in person, but you don’t have to travel anywhere).

Who does not declare SOUT

In relation to workplaces that are included in the lists approved by Resolution of the Cabinet of Ministers of the USSR No. 10 of January 26, 1991 (working in them gives the right to early assignment of an old-age insurance pension, upon entering work, employees are immediately provided with guarantees and compensation for working with harmful or dangerous conditions, or harmful and (or) dangerous working conditions were established based on the results of previously conducted workplace certifications), is not applied, even if the working conditions there are optimal or acceptable taking into account the personal and collective protective equipment used.

The procedure for conducting SOUT in 2022

Conducting a special assessment of working conditions in 2022 consists of the following stages:

• The employing company opens the website of the Ministry of Labor, selects a suitable organization and enters into an agreement with it.
• The appraiser company, within 5 working days from the date of conclusion of the contract, enters the employer into the FSIS SOUT.

The following data is entered: OGRN, INN, full name (full name of individual entrepreneur), number of employees, workplace number, SNILS numbers of employees.

Further:

• the FSIS SOUT system automatically assigns the employer a number in the system , which the appraiser is obliged to inform him of before the start of assessment work;
• the employer issues an order to conduct an assessment and create a special commission;
• the appraiser conducts a special assessment and provides the employer with a report based on the results, which must indicate the employer’s identification number in the FSIS SOUT;
• the employer's commission signs the report . It must also be approved by the chairman of the commission no later than 30 days from the moment it was sent by the appraiser;
• The employer arranges for employees to familiarize themselves with the appraiser's report against signature. Deadline - within 30 days from the date of its approval by the chairman of the commission.;
• the employer's manager, within 3 days from the date of approval of the report, is obliged to notify the appraiser about this by sending a registered letter, or electronically using an enhanced electronic digital signature;
• the employer is obliged to post the assessment results on its official website , taking into account the requirements specified in paragraph 6 of Art. 15 Federal Law No. 426-FZ;
• in accordance with Order of the Ministry of Labor dated 02/07/2014 No. 80n, the employer is required to submit a declaration regarding workplaces with optimal (class 1) and acceptable (class 2) working conditions . The deadline for submission is 30 days from the date of approval of the report.

The appraising company will be obliged to notify the employer that his data has been entered into the FSIS SOUT within 3 working days. She must do this on paper by registered mail, or electronically via UKEP.

Lifetime declaration of conformity according to SOUT

Since December 30, 2022, the Law of December 30, 2020 No. 503-FZ has been in force, according to which the provisions of the Law of December 28, 2013 No. 426-FZ on special assessment have been adjusted.

The employer sends a declaration on SOUT to the regional branch of Rostrud based on the results of the assessment. In this case, the declaration is submitted for those workplaces where, according to the SOUT:

• no harmful or dangerous factors were found;
• working conditions are defined as optimal or acceptable. An exception is workplaces approved in Part 6 of Art. 10 of Law No. 426-FZ.

Until 2022, the validity period of the SOUT declaration was 5 years. If the company had no accidents, violations of labor protection requirements or occupational diseases among employees, the period was extended for another 5 years.

From 2022, the declaration has become open-ended as long as workplace conditions remain at the required level. This adjustment was made to Art. 11 of Law No. 426-FZ.

The indefiniteness characteristic applies to declarations entered into the Rostrud register before December 30, 2022 and considered filed for 5 years. This point is indicated in paragraph 2 of Art. 2 of Law No. 503-FZ.

The rules for submitting the declaration of conformity of the SOUT are regulated by Order of the Ministry of Labor dated 02/07/2014 No. 80n. The agency has prepared amendments to these rules, as well as to the rules for maintaining the register in connection with the declaration of declarations as unlimited.

Note that to display SOUT in the 1C:ZUP accounting system there is wide functionality and all the necessary document forms. If you require individual forms or settings for your work, they can be implemented with the help of 1C specialists.

Extension of SOUT in 2022

The special assessment of working conditions will have to be extended both in the event of the end of the assessment period and in the event of changes in working conditions. True, there is still a deferment until October 1, according to the PP dated June 11, 2020 No. 849 , if the assessment period expired between April and September of this year.

There is not much time left, so it is worth thinking about extending the special assessment of working conditions now. The Attek company operates throughout Russia, has 2 of its own laboratories, and certified 150 thousand workplaces in 2022. Our specialists are happy to help you calculate the cost of SOUT

Is it necessary to extend the SOUT?

Last year, the Ministry of Labor, in Letter No. 15-1/OOG-1968 dated August 30, 2019, reminded that there is no need to carry out special assessments every 5 years if the following conditions were met :

• there was no accident with the employee, or it occurred due to the fault of third parties;
• the employee’s health has not deteriorated due to harmful production factors, no occupational disease has been identified;
• no violations of labor law, labor protection standards, or other regulatory legal acts were detected in relation to the employee.

If these conditions are met, the assessment results are extended for another 5 years.

Procedure for filing a declaration

The procedure for filing a declaration in Sevastopol

on filling out the document
Dear Heads of organizations in which a special assessment of working conditions (SOUT) was carried out!

In accordance with the requirements of Art. 11 Federal Law dated December 28, 2013 No. 426-FZ “On special assessment of working conditions” and Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n “On the form and procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection, the procedure for creating and maintaining a register of declarations compliance of working conditions with state regulatory requirements for labor protection" (as amended by order of the Ministry of Labor and Social Protection of the Russian Federation dated November 14, 2016 No. 642n i) You must, no later than thirty working days from the date of approval of the report on a special assessment of working conditions, submit to the State Labor Inspectorate at the place of its location a DECLARATION of compliance of working conditions with state regulatory requirements for labor protection.

In accordance with the “Procedure for submitting a declaration of compliance of working conditions with state regulatory requirements for labor protection”, approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated 02/07/2014 No. 80n (as amended by order of the Ministry of Labor and Social Protection of the Russian Federation dated 11/14/2016 No. 642n ):

• the declaration is submitted in relation to workplaces in which harmful and (or) dangerous factors of the production environment and labor process have not been identified based on the results of identification of potentially harmful and (or) dangerous production factors, as well as working conditions in which, based on the results of research (tests) and measurements of harmful and (or) hazardous production factors are recognized as optimal or acceptable , with the exception of workplaces specified in Part 6 of Article 10 of the Federal Law of December 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions”;
• the declaration is submitted by the employer in accordance with Appendix No. 1 of Order No. 80n of the Ministry of Labor and Social Protection of the Russian Federation dated February 7, 2014 (as amended by Order No. 642n of the Ministry of Labor and Social Protection of the Russian Federation dated November 14, 2016) to the territorial body of the Federal Service for Labor and Employment (hereinafter - state labor inspection in a constituent entity of the Russian Federation) local its location or the location of its branch or representative office
  personally or sent
• by mail with a description of the contents and notification of delivery
• the declaration can be submitted in the form of an electronic document signed with a qualified electronic signature of the employer by filling out the declaration form on the official website of the Federal Service for Labor and Employment on the Internet (the module with access to the Register of Declarations is configured on the working website: https: //declaration.rostrud.ru);
• If a declaration is submitted in relation to at least one similar workplace recognized as such in accordance with the legislation on special assessment of working conditions, the declaration includes information about all workplaces similar to this workplace.

ATTENTION!

When submitting a declaration to the State Tax Inspectorate of Sevastopol, we ask employers to provide:

1. Covering letter from the employer to the State Labor Inspectorate of the city of Sevastopol - 2 copies
2. DECLARATION (the form and sample for filling out the “standard declaration form” are available on the official website of the State Labor Inspectorate of Sevastopol - tab “special assessment of working conditions”) – 1 ORIGINAL
3. A certified copy of the EXPERT'S CONCLUSION based on the results of a special assessment of working conditions (a link to the details of which must be contained in the declaration) - 1 copy (a sample is available on the official website of the State Labor Inspectorate of Sevastopol - tab “special assessment of working conditions”);
4. A certified copy of the title page of the REPORT on the special assessment of working conditions - 1 copy (a sample is available on the official website of the State Labor Inspectorate of Sevastopol - tab “special assessment of working conditions”);
5. declaration on electronic media (USB drive, which will be returned on the day of submission) in Word (.docx) format STRICTLY!!! according to the “standard declaration form” , which is available on the official website of the State Labor Inspectorate of Sevastopol - the “special assessment of working conditions” tab.

• When submitting a declaration by post, send the standard declaration form to an email address with the note “original documents sent by mail.”

Please note that if the declaration does not comply with the “standard declaration form”, or the package of documents is not submitted in full, this is grounds for refusal to accept the declaration.

When submitting a declaration to the State Labor Inspectorate of the city of Sevastopol by the employer in person, reception is carried out at the address of the State Labor Inspectorate of the city of Sevastopol: 299011, Sevastopol, st. Quarantine, 16 department of supervision and control over compliance with protection legislation according to the schedule:

Strictly by appointment by phone reception: 53-13-91 (telephone for appointment only)

On other days, declarations are not accepted!

Contact phone number for advice on filing declarations: 53-13-95

A module with access to the Register of Declarations is configured on the working website: https://declaration.rostrud.ru , where the employer can view the status of the submitted declaration in the public domain.

How to submit a SOUT declaration to the State Tax Inspectorate in 2020

As already stated above, after a special assessment, the employer is required to submit a declaration to the State Tax Inspectorate on whether the workplace meets the following criteria:

• harmless;
• safe;
• optimal;
• acceptable.

Absolutely all workplaces are checked. Workplaces where no hazardous factors have been identified, as well as with working conditions of class 1 and 2, are included in the declaration.

The procedure for filling out and submitting this declaration was approved by order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n. The latest changes to the procedure were made by order of the Ministry of Labor of Russia dated November 14, 2016 No. 642n.

This is done so that the employer can pay contributions at a reduced rate, because its employees work in comfortable and safe conditions.

The basic requirements for filling out the declaration are specified in the Letter of the Ministry of Labor dated June 23, 2014 No. 15-1/B-724.

You need to provide the following information:

• full and abbreviated name of the employing organization or full name of the individual entrepreneur;
• information about the manager;
• company address, INN, 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 card, they can be taken from the first column of the list of work places where 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 SOUT for declared places;
• details of the expert opinion and the surname and initials of the expert.

The completed declaration can be sent to Rostrud by post or electronically using an enhanced qualified digital signature. You can also do this on the Rostrud website

When submission of declared data is not required

The submission of declared information about a special assessment carried out at an enterprise or institution is carried out in relation to workplaces with recognized acceptable or optimal working conditions.

Data is not submitted in relation to jobs specified in Part 6 of Art. 10 of Federal Law No. 426. The legislation defines a list of positions, work in accordance with which is initially recognized as harmful and/or dangerous. These include, for example, those who work underground. Declaration is not carried out in relation to such persons. For such workplaces, additional insurance premium rates are established, which for hazardous conditions amount to 8%.

What happens if SOUT is not carried out?

If a special assessment is not carried out, it is obvious that the employer will not be able to pay contributions at a reduced rate. But if this is not an argument for someone, there are also fines according to Art. 5.27.1 Code of Administrative Offences.

If the declaration is not submitted to the State Tax Inspectorate in a timely manner, the legal entity or individual entrepreneur can be fined up to 80 thousand rubles . For a repeated violation, the fine increases to 200 thousand rubles . In addition, the inspection may suspend the company's activities for up to 90 days.

Do not wait until the last moment - conducting a special assessment process takes a certain time (minimum 7 working days). Contact special assessment experts now and get a 10% discount.