Order on special assessment of working conditions: sample

The set of measures that are carried out by the employer together with experts from the organization that identifies and classifies the working conditions of employees is determined by an order to conduct a special assessment of working conditions (SOUT).

This regulatory document is brought to the attention of all interested officials of the organization against signature and determines the sequence of actions of the special assessment.

Sample order for a special assessment of working conditions

Order on the creation of a commission on SOUT

It is a document by which the employer:

1. Creates a special assessment commission.
2. Determines the terms of its work, the rights and responsibilities of the chairman and members of the commission.
3. Approves the schedule for the special assessment.
4. Appoints those responsible for the procedure for interaction and work with the organization’s experts, who directly carry out measurements and classify the results.
5. Establishes the procedure for familiarizing employees with the results of the SOUT.
6. Determines a list of measures aimed at improving working conditions based on the results of a special assessment.

Sample order for the creation of a commission on SOUT (schedule)

When creating a commission, it must be taken into account that the total number of its members must be odd.

The employer can approve the schedule for conducting a special assessment by an appendix to the order on the creation of a commission on special assessments or by a separate local regulation (at its discretion).

The main rights and responsibilities of the commission are:

• providing the necessary documents and information to the organization’s experts who conduct the special assessment;
• taking measures to prevent any actions that could narrow the range of issues and negatively affect the results of the special assessment;
• informing the enterprise personnel on the issues of holding this event;
• familiarization of enterprise employees with the progress and results of the special assessment.

An employee whose workplace is subject to special assessment has the right:

• be present during it;
• contact the employer and experts for clarifications and suggestions on the issues of conducting special educational work.

The rights of employees should not be ignored, otherwise it may be considered discrimination or disregard for the rights of the employee, which in any case is unfavorable for the employer.

Sample order for a special assessment of working conditions (unscheduled)

When preparing an order to conduct a special assessment, you must be guided by the following documents:

• Federal Law No. 426-FZ dated December 28, 2013;
• By Order of the Ministry of Labor dated January 24, 2014 No. 33n;
• By Order of the Ministry of Labor dated 02/07/2014 No. 80n.

The federal law regulates the general principles and basic provisions on the procedure for carrying out special operational assessments in an organization.

Order 33n approves the Methodology for conducting a special assessment of working conditions.

Order 80n establishes the form and procedure for filing a declaration based on the results of a special assessment of working conditions.

How to Document the Absence of Grounds for Conducting an Unscheduled Special Assessment of Working Conditions!

Perhaps this commentary to Article 17 will be useful to someone. Carrying out an unscheduled special assessment of working conditions: 1. The norms of Article 17 of the Law regulate, in the general structure of conducting a special assessment of working conditions, the organizational and legal mechanism for conducting an unscheduled special assessment of working conditions, which consists of two main ones elements: – a list of seven grounds for conducting an unscheduled special assessment of working conditions; – a mandatory condition for conducting an unscheduled special assessment within six months from the date of occurrence of the specified seven grounds for its conduct. The rules of Part 1 of Article 17 of the Law determine the grounds for conducting an unscheduled special assessment of working conditions: commissioning of new workplaces; receipt by the employer of an order from the state labor inspector to conduct an unscheduled special assessment of working conditions in connection with identified violations of the requirements of the Law; change in technological process, etc. That is, the main conditions for conducting an unscheduled special assessment of working conditions are associated with changes in three factors: – the state of the object of the special assessment of working conditions (list of jobs, potential level of exposure to harmful (hazardous) production factors on workers, the occurrence of an accident, etc.); – the employer’s attitude towards compliance with the Law; – the relationship of elected bodies of primary trade union organizations or other representative bodies of workers to working conditions. In this regard, Article 2 of the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” indicates that state control (supervision) denotes the activities of authorized bodies of state authorities (federal and regional levels), which is aimed at preventing, identifying and suppressing violations by legal entities, their managers and other officials, individual entrepreneurs, their authorized representatives of the requirements established in the regulatory legal acts of Russia, through organizing and conducting inspections of legal entities , individual entrepreneurs, taking measures provided for by laws to suppress (eliminate) the consequences of identified violations, as well as the activities of these bodies to systematically monitor the implementation of mandatory requirements, analyze and forecast the state of fulfillment of mandatory requirements when carrying out activities by legal entities and individual entrepreneurs. 2. The content of Part 2 of Article 17 of the Law establishes a mandatory condition for conducting an unscheduled special assessment within six months from the date of occurrence of the specified seven grounds for its conduct. That is, the legislator has set a deadline for the employer to eliminate the grounds for an unscheduled inspection and prepare for an appropriate special assessment of working conditions. It should be added that in accordance with the rules of Article 11 and 12 of the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” unscheduled inspections can be documentary ( when studying inspection materials at the location of the control body) or on-site (at the location of the subject of control), when during a documentary inspection it is not possible to confirm the information available in the documents or assess the compliance of the audited activity with mandatory requirements.

Final order on SOUT

Upon completion of activities to assess working conditions at work, the organization that conducted the assessment must draw up a report, which is signed by all members of the commission. Further, the employer is obliged:

• approve the report based on the results of the special assessment;
• sign the necessary working documentation (maps, summary statements, etc.);
• within 30 calendar days, submit a declaration to the territorial body of the State Labor Inspectorate (if the workplaces, based on the results of the Special Assessment and Assessment, are recognized as optimal or acceptable or there are no harmful or dangerous production factors);
• no later than 30 calendar days, familiarize employees with the results of the activities carried out against signature;
• no later than 30 calendar days, if there is a website on the Internet, post information about the results of the assessment and the list of measures to improve the working conditions of employees.

In addition, the employer is obliged to notify the organization that conducted the assessment of approval of the report within 3 working days. This is necessary because the results of the assessment of working conditions, including those declared as complying with regulatory state requirements for labor protection, are subject to transfer to the Federal State Information System for recording the results of the Special Labor Safety Inspectorate. The obligation to transmit this information lies with the expert organization within ten days from the date of approval of the report. Therefore, if this requirement is not met, everyone will be in trouble: both the employer and the expert organization.

To avoid this and fulfill all obligations on time and properly, the employer needs to issue a regulatory document that defines responsible officials and deadlines for fulfillment.

Sample order for completion of a special assessment of working conditions

In accordance with subparagraph 6 of paragraph 2 of Article 4 of Federal Law No. 426-FZ, the employer is obliged to implement measures aimed at improving working conditions, taking into account the results of the special assessment.

These activities include:

• acquisition of new personal and collective protective equipment;
• work automation;
• modernization of existing equipment;
• reconstruction or purchase of new ventilation systems;
• redevelopment of equipment placement;
• improvement of social and living conditions of work, etc.

For this purpose, it is advisable to prepare a separate order based on the results of the SOUT, which will determine:

• list of specific activities;
• financial planning and provision;
• implementation deadlines;
• responsible persons.

Sample order for completion of SOUT (preventive measures)

Order of conduct

The procedure for conducting an unscheduled SOUT does not differ from the procedure for conducting a planned event. Looks like that:

1. The company issues an order to carry out the procedure, appoints a commission, draws up a list of places for evaluation, and enters into an agreement with the company conducting the event.
2. After completing the procedure and taking measurements, a report is drawn up.
3. The report on the implementation of the event is signed by all members of the commission and approved by its chairman no later than 30 days from the day it is sent to the employer by the organization conducting the procedure.
4. The company familiarizes employees with the results of the event registration at their workplaces against signature no later than 30 days from the date of approval of the report.
5. The company, within 3 working days from the date of approval of the report, notifies the company that carried out the procedure, sends a copy of the approved report by registered mail with return receipt requested or in the form of an electronic document with an enhanced qualified signature.
6. The employer, taking into account the conditions of the legislation of the Russian Federation on PD, organizes the posting of the results of the special assessment on its website within 30 days from the date of approval of the report.
7. The company submits a declaration that working conditions comply with labor protection conditions, in the form of Appendix No. 1 (Order of the Ministry of Labor dated 02/07/2014 No. 80n, the document becomes invalid as of 03/01/2022 due to the publication of Order of the Ministry of Labor of Russia dated 06/17/2021 No. 406n) in GIT at its location in person or sends by post with a list of the contents and a receipt.

In what cases is an unscheduled special assessment not required?

Unscheduled assessment is not carried out:

• when reorganizing an enterprise while maintaining the entire technological process, including job titles;
• if it is confirmed that the cause of the accident was not the actions of the employee or violations of the technological process;
• in relation to employers who are individuals but not registered as individual entrepreneurs.

Implementation of unscheduled SOUT is not required when replacing an employee in a particular position. If a special assessment was carried out in relation to the position occupied by a citizen, and later he was replaced by another employee, then, provided that the main responsibilities, requirements and working conditions are preserved, there is no need to re-conduct the SOUT.

What to include in the order

The order issued by the employer for approval of the SOUT commission contains:

• name of the employer's company;
• document details: publication date and number;
• basis for publication of the document;
• a list of persons indicating the positions that will be included in the composition;
• FULL NAME. and the position of chairman;
• regulations on approval of the special assessment schedule;
• instructions to the chairman related to the organization of the special assessment;
• an order to the other heads of the company’s departments not to interfere with the implementation of the SOUT;
• FULL NAME. and the position of the person who is responsible for monitoring the execution of the order;
• manager's signature.

The order form is free.

If the composition requires changes, an order is issued to change the commission on SOUT, which indicates:

• reasons for excluding a person from the composition;
• FULL NAME. and the position of the person who takes over the duties of the member in place of the retiring member;
• start date of the new member's term of office.

All persons indicated in them are familiarized with these documents against signature.

Section 4: Occupational Safety and Health Management Bodies

The main such body should be the labor protection service, which, in accordance with the provisions of Art. 217 of the Labor Code of the Russian Federation must be established by employers with a staff of more than 50 people.

If the company has fewer employees, management must appoint at least 1 person responsible for occupational safety and health. In this case, the labor protection management body in the company will be sole. If this is not possible, then the functions related to ensuring the functioning of the labor protection system should be taken over by the head of the company or individual entrepreneur (if the business is conducted in this legal form). Or you should involve a third-party specialist under a contract and form an external labor protection management body.

In this section, you can record wording that reflects:

• what kind of labor protection management body has been established in the company: a service, a single person in the form of a responsible specialist or an external one in the form of a contractor;
• an indication that the labor protection service (or the specialist responsible for labor protection, or the contractor) performs its functions in accordance with Art. 217 Labor Code of the Russian Federation;
• who exactly in the organization establishes a labor protection service or appoints a responsible specialist (most often this is the manager);
• the main tasks that are solved by the labor protection service, the responsible specialist or the contractor.