Instructions: draw up and submit a declaration of conformity with working conditions

in Word

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 conditions, a declaration of conformity of working conditions is prepared to Rostrud (to the territorial labor inspection body at the location of the organization or individual entrepreneur).

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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Form

Order of the Ministry of Labor of Russia No. 80n dated 02/07/2014 approved the sample and form of the declaration on SOUT, 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.

Please note: officials have prepared a draft amendment to the Order of the Ministry of Labor dated 02/07/2014 No. 80n. They plan to change the procedure for submitting a declaration to the State Tax Inspectorate for SOUT, in connection with the adoption of Federal Law No. 503-FZ dated December 30, 2020, which amended Article 8 and the Law on Special Assessment of Working Conditions (No. 426-FZ dated December 28, 2013) and established the indefinite validity of declarations of compliance with working conditions. The current legal acts do not take into account the perpetuity of documents.

The project developed by the Russian Ministry of Labor has not yet been approved.

Why is a declaration needed?

First of all, filing the SOUT declaration electronically or on paper is important for the budget organization itself. It acquires the opportunity to reduce the amount of insurance premiums for personnel for whom acceptable working conditions have been created and who are not exposed to hazardous or harmful factors.

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 purchases modern personal protective equipment and equipment. Then they carry out an unscheduled special assessment and reduce the hazard class - for example, from third to second. Fourth grade cannot be downgraded.

How to draw up technical specifications for conducting SOUT in 2022

for the provision of Services

1. General Provisions.

1.1. Name of Service: Provision of services for a special assessment of working conditions (SOUT) for the needs of the State Budgetary Institution “Ideal Customer”.

1.2. The number of workplaces subject to SOUT is 56, at which a special assessment of working conditions will be carried out + similar workplaces that meet the criteria listed in paragraph 6 of Article 9 of the Federal Law of December 28, 2013 No. 426-FZ.

2. Characteristics of the Services provided:

2.1. Carrying out SOUT, including:

2.1.1. carrying out the procedure for identifying potentially harmful and (or) dangerous production factors in the workplace in accordance with the requirements of Federal Law dated December 28, 2013 No. 426-FZ, Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n. Registration of the results of identification of harmful and (or) dangerous production factors in relation to each workplace to be identified;

2.1.2. drawing up by an expert a conclusion on the absence of harmful and (or) hazardous production factors in the workplace (if such workplaces exist). Drawing up a declaration on the compliance of working conditions with state regulatory requirements for labor protection in relation to workplaces in which harmful and (or) hazardous production factors have not been identified based on identification results;

2.1.3. determination of the list of harmful and (or) hazardous production factors subject to research (testing) and measurements, based on the list of harmful and (or) hazardous production factors specified in parts 1 and 2 of Article 13 of the Federal Law of December 28, 2013 No. 426-FZ in relation to each workplace;

2.1.4. compilation of a list of workplaces where special labor safety measures were carried out, taking into account the results of identification of harmful and (or) hazardous production factors;

2.1.5. conducting research (tests) and measurements of levels of harmful and (or) hazardous production factors in accordance with the list of harmful and (or) hazardous production factors subject to research (tests) and measurements, including under special conditions. Drawing up protocols for conducting research (tests) and measurements in relation to each of the harmful and (or) hazardous production factors subjected to research;

2.1.6. assignment of working conditions according to the degree of harmfulness and (or) danger to classes (subclasses) of working conditions at workplaces where research (testing) and measurements of the levels of harmful and (or) dangerous production factors were carried out;

2.1.7. assessing the provision of workers working in hazardous working conditions with effective personal protective equipment that has passed mandatory certification. Drawing up by an expert an opinion on the possibility of reducing the class (subclass) of working conditions if employees use effective personal protective equipment;

2.1.8. preparation of information for registration of the results of the special assessment system, including at workplaces where harmful and (or) hazardous production factors have not been identified:

• draft summary table of classes (subclasses) of working conditions established in the workplace;
• recommended measures aimed at improving the working conditions of workers, taking into account the results of the special labor safety assessment (in case of identification of removable harmful and (or) dangerous production factors);
• proposals (recommendations) to provide workers engaged in work with harmful and (or) dangerous working conditions, guarantees and compensation;
• proposals (recommendations) on mandatory preliminary (upon employment) and periodic (during employment) medical examinations of employees.

2.1.9. compilation and submission on paper and electronic media of a report on the implementation of special environmental conditions, drawn up in the form approved by Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n, including in relation to workplaces where harmful and (or) hazardous production factors have not been identified, including into yourself:

information about the organization conducting SOUT, with copies of documents confirming its compliance with the requirements established by Article 19 of the Federal Law of December 28, 2013 No. 426-FZ;

• a list of workplaces at which the special safety assessment was carried out, indicating harmful and (or) hazardous production factors;
• SOUT cards;
• protocols for conducting research (tests) and measuring harmful and (or) hazardous production factors;
• a protocol containing the commission’s decision on the impossibility of conducting research (tests) and measurements at workplaces due to the creation of a threat to the lives of workers and experts (if such a decision exists);
• summary statement of the results of the special assessment;
• a list of measures to improve the working conditions of workers at whose workplaces the special labor and labor protection system was carried out;
• conclusions of an expert from the organization conducting the SOUT.

2.1.10. preparation of information on the results of the SOUT, provided for in Part 2 of Article 18 of the Federal Law of December 28, 2013 No. 426-FZ, and transferring them to the FSIS SOUT;

2.2. Requirements for research (testing) methods and measurement techniques when conducting SOUT:

2.2.1. when conducting research (tests) and measurements of harmful and (or) hazardous production factors, research (test) methods and measurement techniques (methods) and corresponding measuring instruments must be used, approved and certified in the manner established by the legislation of the Russian Federation on ensuring the uniformity of measurements;

2.2.2. The testing laboratory (center) must be equipped with measuring equipment and instruments that have been verified and entered into the Federal Information Fund for Ensuring the Uniformity of Measurements to assess harmful and (or) dangerous factors in the working environment and the labor process, provided for in paragraphs 1–11 and 15–23 Part 3 of Article 13 of the Federal Law of December 28, 2013 No. 426-FZ.

2.3. Requirements for an organization providing services for carrying out SOUT:

2.3.1. indication in the organization's charter documents of conducting a special assessment of working conditions as the main type of activity or one of its types of activity;

2.3.2. the presence in the organization of at least five 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 with a higher education in one of the specialties - general hygiene, occupational hygiene, sanitary hygienic laboratory tests;

2.3.3. the presence as a structural unit of a testing laboratory (center), which is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and the scope of accreditation of which is conducting research (tests) and measurements of harmful and (or) hazardous factors in the working environment and the labor process provided for in paragraphs 1–11 and 15–23 of part 3 of article 13 of the Federal Law of December 28, 2013 No. 426-FZ;

2.3.4. availability of registration in the register of organizations conducting special assessment work, in accordance with Part 3 of Article 19 of the Federal Law of December 28, 2013 No. 426-FZ;

2.4. The involvement of co-executors is permitted in accordance with Part 2 of Article 19 of Federal Law No. 426-FZ dated December 28, 2013.

2.5. Requirements for the quality characteristics of the Services provided:

carrying out SOUT is carried out in accordance with the requirements of Federal Law dated December 28, 2013 No. 426-FZ, Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n, taking into account the specifics of the Customer’s activities.

3. Place of provision of Services:

123456, Idealny, st. Idealnaya, 1

4. Terms of provision of Services:

commencement of the provision of Services - from the date of conclusion of the Contract;

completion of services in September 2022, by prior agreement of date and time with the Customer.

5. The deadline for the Contractor to submit a report on the implementation of the special assessment work and submit documents for payment for services provided is September 2021.

6. Place of delivery of the results of the Services provided: Idealny, st. Idealnaya, 1

How often to declare workplace compliance

If, within 5 years after submitting the declaration, no accident has occurred at the workplaces listed in it or the employee has not acquired an occupational disease (this must be determined by a medical commission), the declaration is automatically extended until there are grounds for unscheduled control. 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 a special assessment will be canceled, and the organization will have to conduct an unscheduled special assessment.

Where to submit the declaration

Federal Law No. 426 determines when and where the declaration of conformity of working conditions is submitted in 2022: the document is sent to the state inspection body at the unit at the place of registration of the organization within 30 working days from the date the employer approved the report. When sending the report to the inspectorate, the employer attaches 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:

Report on the implementation of SOUT

The employer, within three working days from the date of approval of the report on the conduct of the special assessment and assessment process, will be obliged to:

• notify the organization that carried out the special assessment of this in any available way in order to be able to confirm the fact of such notification;
• send to the organization that conducted the special assessment a copy of the approved report by registered mail with return receipt requested or in the form of an electronic document signed with a qualified electronic signature.

Who is required to submit a SOUT declaration?

The legislation clearly states who submits the declaration of compliance of working conditions with state regulatory requirements - this function is assigned to the employer or his authorized representative. The paper is submitted to the labor inspectorate within 30 days (working days) from the date the special assessment report is approved. Allowed:

• personal visit to the state labor inspectorate and handover of documents in person;
• digital transmission to the official website of the register of declarations of conformity of working conditions, the document must be signed with an electronic digital signature;
• Sending by mail - necessarily with an 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 to correctly fill out a declaration on SOUT

The approved declaration form is located on just one page and is generally quite simple. Having read the order of the Ministry of Labor of the Russian Federation dated 02/07/2014. No. 80n. You can easily fill out the document correctly.

The main requirements for filling out the declaration are as follows:

• mandatory indication of the name of the enterprise (organization, firm) or the surname, first name and patronymic of an individual entrepreneur, both in full and in abbreviated form, possibly using an abbreviation;
• write down details about the head of the organization;
• Carefully write down the address of the location of the organization, enterprise or individual entrepreneur; it must clearly correspond to the address indicated in the registration or statutory documents. In the case when information is provided for workplaces that are located in a branch of a legal entity that is not legally independent, the address of the company's main office must be indicated.
• indicate the TIN, OGRN of the organization (enterprise), if available;
• it is necessary to write down the names of positions and specialties of the workers for whose jobs the SOUT was carried out and also indicate the corresponding codes for these positions and specialties.
• do not forget to indicate the number of employees according to the data of the special assessment of jobs (the content of the third section of the report).
• using the compiled SOUT map, write down the individual numbers of each of the indicated workplaces (the content of the second section of the report).
• so-called similar jobs are registered separately. They must be marked with the letter A (the contents of the fourth column of the second section of the above report).
• the obtained results of the carried out special assessment and assessment of the declared workplaces.
• Include in the document the details of the expert’s opinion and the surname and initials of the immediate expert himself.

We suggest that you use the following table as a guide when filling out a declaration on SOUT using the example of an organization registered as a legal entity (letter of the Ministry of Labor dated June 23, 2014 No. 15-1/B-724).

In the columns and rows of the table, only those that are not indicated in the standard declaration form are filled in and indicated, but require individual completion in relation to each specific enterprise (organization) and each workplace.

The lower part of the SOUT declaration upon its registration is filled out directly by employees of the labor inspectorate at the time of its receipt.

Important! It is useful to know that there are organizations that have the right to conduct a procedure for special assessment of the work of employees of enterprises (organizations, firms) and that the Ministry of Labor of the Russian Federation is creating a register of such organizations. Expert opinions of only such organizations have legal force when filling out the SOUT declaration.

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.

Updated declaration on special assessment of working conditions

As mentioned above, changes have occurred in matters of filing a declaration since May 1, 2016: it was allowed to include those areas of activity in the organization that correspond to the first and second safety classes. If, based on the results of the special assessment, the employer has such specialties, he must clarify the previously submitted information and include additional information in the declaration. To do this, lawmakers provided only 30 business days from the effective date of the new requirements if the original return was already filed before May 1, 2016. That is, the deadline for this expired on June 16, 2016.

All other employers submitting information after this date must include optimal or acceptable conditions in the document immediately, as required by the new edition of Article 11 of Federal Law No. 426-FZ of December 28, 2013. This means that in 2022 no one will need to submit updated information.

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 2022 SOUT declaration. These include:

• indication of the full or abbreviated name of the enterprise or full name of the 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 of the expert.

Here is what a sample of a completed SOUT declaration looks like, drawn up in accordance with the requirements:

What nuances should you be aware of when filling out?

The declaration itself is one sheet. The order of the Ministry of Labor and letter No. 15-1/B-724 explain all the key requirements on how to correctly fill out this document. If we briefly summarize all the requirements from these regulations, it turns out that the employer needs:

1. Indicate the name of your organization (in full or abbreviated form).
2. Provide information about the manager.
3. Indicate the address of the organization as it appears in the statutory documentation. It is important not to forget to enter the INN and OGRN.
4. If data is submitted for workplaces in a branch of a company that operates without forming a legal entity, then the address of the head office is written.
5. List the job titles of employees, jobs with codes for specific specialties.
6. Determine the number of employees based on a special assessment.
7. List individual workplace numbers based on information from the SOUT map.
8. Mark similar jobs with the letter A.
9. Provide a summary of all activities.
10. Enter the name of the expert and details of his conclusion.

Download a free example of filling out a declaration of conformity with working conditions

In order to fill out the SOUT declaration correctly, you also need to know how to competently carry out this procedure from beginning to end. In order not to go into all the intricacies of the legislation, it is enough to follow the specific instructions:

• Issue an order to create a special commission
  that will be responsible for carrying out the SOUT. The employer himself or the employer's representative will be the chairman in this case. In addition, the commission should include a representative from the trade union organization and a labor protection specialist. It is important that the number of members of this commission be odd. An annex must be issued to the order, which will contain a schedule for carrying out the Special Operations Operations.
• Definitions of the list of jobs
  . To determine jobs and their number, you need to obtain a staffing table, as well as have an understanding of the concept of “similar jobs.”
• Conclude an agreement for the procedure
  if you want to use the services of special accredited organizations.
• Registration in FSIS
  . A new procedure in which an organization is assigned an identification number.
• Direct implementation of SOUT
  .