How to draw up a declaration of conformity with working conditions: changes in 2022

The concept of SOUT

A special assessment of working conditions (SOUT) is the responsibility of every employer in Russia.
It is carried out in accordance with the requirements of Federal Law No. 426-FZ dated December 28, 2013, which defines the requirements for this procedure. It also says that after approval of the report on the conduct of the special labor inspection, each employer fills out and sends to the territorial body of the labor inspectorate at the location of the legal entity or the place of residence of the entrepreneur a declaration on the special assessment of working conditions, along with documents on the inspection carried out to the territorial body of Rostrud. It includes workplaces where everything is safe and meets established standards. Any declaration of compliance of working conditions with state regulatory labor protection requirements is carried out in relation to the organization’s workplaces in the form approved by Order of the Ministry of Labor of Russia dated 02/07/2014 No. 80n. The latest changes to this procedure were made by order of the Ministry of Labor of Russia dated November 14, 2016 No. 642n. The document has many features and nuances.

Where to submit a declaration on SOUT

The instructions on where to submit the SOUT declaration are contained in Parts 1 and 2 of Art. 11 of the federal law on SOUT. It says that in relation to workplaces without signs of dangerous or harmful production, employers are required to submit a declaration to the territorial executive body, whose competence includes the implementation of state supervision over compliance with labor standards at the legal address of the company. This means that the declaration must be submitted to the labor inspectorate to which the company belongs.

In accordance with the procedure for filing a declaration (Order of the Ministry of Labor of the Russian Federation dated 02/07/2014 No. 80n), it must be submitted in the form in accordance with Appendix 1 to the Order of the Ministry of Labor of the Russian Federation dated 02/07/2014 No. 80n no later than 30 working days from the date of approval of the report on the SOUTH of those workplaces in respect of which the document is being submitted. You can provide documents on the SOUT directly to the inspectorate, or through the post office (the procedure for filing a declaration requires a list of letter attachments and a receipt receipt), as well as electronically using a digital signature.

For failure to provide the SOUT declaration, liability is established under Part 2 of Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. Officials face a fine of 5 to 10 thousand rubles, and legal entities - from 60 to 80 thousand rubles. Moreover, punishment will follow even if the document is submitted to the labor inspectorate, but in violation of the 30-day deadline.

Thus, LLC “SOLUTIONS” submitted a declaration of SOUTH to the State Labor Inspectorate of Moscow only on 03/06/2019, and the report on the special assessment in the LLC was approved on 12/27/2018, which the inspectorate could not help but notice. On July 1, 2022, an official of the State Tax Inspectorate imposed a fine under Part 2 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation in the amount of 60 thousand rubles. The company tried to challenge the fine in court, citing the insignificance of the violation. However, the Zelenogradsky District Court of Moscow came to the conclusion that the LLC violated the established 30-day period, therefore the fine is legal (Decision of the Zelenogradsky District Court of Moscow dated September 2, 2019 in case No. 12-347/2019).

The rules for completing the SOUT declaration will change

The Russian Ministry of Labor published amendments to the rules for filing the SOUT declaration on the Unified Portal for posting draft legal acts. Changes will be made to the Order of the Ministry of Labor No. 80n dated 02/07/2014, which approved the current form and procedure for submitting declarations.

The changes are related to the adoption of 503-FZ of December 30, 2020, which amended Articles 8 and 11 of Law No. 426-FZ of December 28, 2013 on the special assessment of working conditions and established the indefinite validity of SOUT declarations. Officials took into account the lack of validity period and the need to update the declaration and established that a declaration of compliance of working conditions with state regulatory labor protection requirements is submitted only in case of violations after they have been eliminated or workplaces have been changed.

The procedure for creating and maintaining the register of declarations is changing. After the order of the Ministry of Labor is approved and published in the prescribed manner, employers will be required to use the updated form.

Why they may refuse to accept the SOUT declaration

If the labor inspectorate does not accept the declaration on paper, it will be returned to the organization by mail within no more than ten working days.

In this case, you will have to correct all the shortcomings and resubmit the declaration.

Reasons for refusal to accept the SOUT declaration

The reason for refusal to accept a declaration can only be failure to comply with the established format, which is relevant for the paper version. It is almost impossible to violate the format of the electronic version.

It is also important that the special assessment is carried out by an accredited company.

If the organization that assessed working conditions is not in the special register, then you will not be able to submit a declaration.

Details on the topic:

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Reinstatement of position - repeated SOUT is mandatory⁠

SOUT became unlimited

At the end of 2022, legislators adopted Federal Law No. 503-FZ of December 30, 2020, with amendments to the current Federal Law No. 426-FZ of December 28, 2013 on the special assessment of working conditions. Legislators eliminated the legal conflict: the validity period of the declaration of compliance of working conditions with state regulatory labor protection requirements was 5 years. If the employer did not develop new harmful factors, it was automatically extended for another 5 years. But not all employers knew about this.

When the main period of validity of the declaration ended, they carried out the assessment at their own expense, including when the grounds for termination of the previously conducted assessment and report on it did not occur. The indefinite validity of the SOUT declaration will allow employers not to carry out a special assessment if the conditions at the declared workplaces have not changed. And this will reduce the financial burden on labor protection measures.

How often should the SOUT be declared?

If for 5 years from the date of submission of the declaration there have been no accidents at the workplaces listed in it, and also none of the workers received an occupational disease (established by the medical commission), then the declaration is automatically extended until any grounds for unscheduled control arise. If an accident occurs at the enterprise, or other reasons listed in Federal Law No. 426 arise, then after assessment the declaration is canceled. In this case, an unscheduled special assessment will be carried out.

Workplace inspection is required

Not all employers must submit confirmation that workplaces in an organization or individual entrepreneur comply with state regulatory labor safety requirements. Declaration of jobs according to SOUT is carried out only by those whose jobs, based on the results of a special assessment, were recognized by:

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

It is necessary to check absolutely all workplaces where there is a possibility of identifying dangerous or harmful factors, including offices. Places where such factors are not identified, and workplaces with class 1 or 2 conditions are included in the declaration. The law defines what requirement is presented in the event of filing a declaration of compliance of working conditions with state regulatory labor protection requirements in relation to at least one similar workplace - the employer reports that its employees are comfortable working. For this, he gets the opportunity to pay insurance premiums at a reduced rate and confirms the validity of compensation payments to employees “for harmfulness”. Typically, the inspection is carried out immediately at all workplaces where it is required.

IMPORTANT!

The employer is obliged to send a report on the results of the inspection to Rostrud no later than 30 days after its completion.

Do you need to carry out SOUT?

There are large fines for violations. Use the free guide from ConsultantPlus experts to do everything right.

Rules for filling out and submitting declarations by employers

Let us note that there are no rules for filling out the declaration as such in Order of the Ministry of Labor No. 406n, since it is a rather simple document.

Which jobs to include and not to include

A declaration of compliance of working conditions with state regulatory requirements for labor protection is drawn up by legal entities and individual entrepreneurs in relation to workplaces where:

• harmful and/or dangerous factors of the production environment and the labor process were not identified based on the results of identification of potentially harmful and/or dangerous production factors;
• working conditions based on the results of research (tests) and measurements of harmful and/or dangerous factors are recognized as optimal or acceptable.

The declaration of conformity with working conditions does not need to include:

• employees’ jobs, professions, positions, specialties that are included in the lists with the right to early old-age pension;
• workplaces where employees are legally entitled to guarantees and compensation for working in harmful and/or dangerous working conditions;
• workplaces where, based on the results of previously conducted certification or special assessment of conditions, harmful and/or dangerous working conditions have been established.

If a declaration is submitted in relation to at least one similar (see inset below) workplace recognized as such in accordance with the legislation on special assessment, the declaration includes information about all workplaces similar to this one.

The following workplaces are recognized as similar (Part 6, Article 9 of the Law “On Special Assessment of Working Conditions”):

• which are located in one or more of the same type of production premises (production areas), equipped with the same (same type) ventilation, air conditioning, heating and lighting systems;
• in which workers work in the same profession, position, specialty, perform the same labor functions in the same working hours while conducting the same type of technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment.

Signing

The declaration is signed by the head of the organization and certified with a seal (if any). And the individual entrepreneur only signs.

Where to submit

The addressee is the territorial body of the Federal Service for Labor and Employment. That is, the State Labor Inspectorate (GIT) in the constituent entity of the Russian Federation at the location of the employer or its branch or representative office.

Submission methods

There are three of them:

• personally;
• send by post with a description of the contents and a notification of delivery;
• in the form of an electronic document with an enhanced qualified signature of the employer by filling out a declaration form on the Rostrud website.

Submission deadline

This must be done no later than 30 working days from the date of entering information about the results of the special assessment of working conditions into the Federal State Information System for recording the results of the special assessment at the workplaces in respect of which the declaration is submitted.

In this case, it is necessary to take into account the requirements of the legislation of the Russian Federation on personal data and state and other secrets protected by law.

Acceptance of the declaration and refusal

When a declaration is received on paper, the official responsible for receiving and registering declarations fills out the section “Information on registration of the declaration.” When submitted electronically, this occurs automatically, taking into account the location of the workplaces in respect of which the declaration was submitted.

There is only one reason for refusing to accept a declaration - its non-compliance with the form provided for in Appendix No. 1 to Order of the Ministry of Labor dated June 17, 2021 No. 406n.

It is specifically stated that refusal to accept a declaration on other grounds is unacceptable.

If a paper declaration was submitted, if there are grounds for refusal to accept the State Tax Inspectorate, within no more than 10 working days from the date of receipt, returns it to the employer by post, indicating the reasons.

The employer has the right to resubmit the declaration if the grounds for refusal to accept are eliminated.

The correct sample for filling out a declaration of compliance of working conditions with state regulatory labor protection requirements from March 1, 2022 can be found in the ConsultantPlus ready-made solution here.

Why do you need a SOUT declaration?

Declaring the results of the special assessment system primarily meets the interests of the employers themselves. They get the opportunity to reduce the amount of insurance premiums for workers for whom safe workplaces have been created, and confirm that they do not work in dangerous or harmful conditions. To check compliance with these requirements, the register of SOUT declarations on the Rostrud website in electronic form is used.

There are specialties that were initially included in the lists of harmful or dangerous professions, for which even the most progressive leader is not able to reduce the danger. These are, for example, miners, chemical industry workers, high-rise assemblers and others. For such specialties, additional insurance premium rates of up to 8% are immediately established.

The classification of working conditions is established by the methodology approved by Order of the Ministry of Labor dated January 24, 2014 No. 33n. The general table of surcharge tariffs for injuries looks like this:

If an organization or individual entrepreneur acquires modern personal protective equipment and modernizes the equipment, it is allowed to conduct an unscheduled special assessment and slightly reduce the hazard class, for example, from third to second or first. But fourth grade never drops.

Procedure for submitting reports on special assessment

It is legally determined where the employer must submit a declaration of compliance of working conditions with state regulatory requirements for labor protection - to the territorial body of Rostrud. This can be done in several ways:

• in electronic form via the Internet;
• in person at the territorial authority;
• by registered mail with notification of receipt and a list of the contents.

But the paper form of the document is becoming a thing of the past. Nowadays, it is more common to submit a declaration to declaration.rostrud.ru in electronic form - the form is filled out directly on the Rostrud website. At the same time, the method of document certification is selected:

• qualified electronic digital signature;
• signature using crypto-pro.

There, on the Rostrud website, step-by-step instructions are given for filling out the electronic form and a sample is posted in electronic form.

How to submit a SOUT declaration in 2022?

The declaration is submitted to the territorial labor inspectorate at the location of the legal entity or its branch or representative office.

The declaration is signed by the head and certified with a seal. If an individual entrepreneur, he signs personally.

The filing deadline is March 1, 2022 - no later than 30 working days from the date of entering information about the results of a special assessment of working conditions into the information system.

A declaration on SOUT can be submitted:

• personally;
• by mail (with a description of the contents and notification of delivery);
• in electronic form via the Internet on the official website of Rostrud. The declaration must be signed with a qualified electronic signature.

Sample declaration on SOUT

The document form is quite simple and consists of only one sheet. To fill it out without errors, study the already mentioned orders of the Ministry of Labor and letter No. 15-1/B-724 dated June 23, 2014, which explains the basic requirements:

• mandatory indication of the full and abbreviated name of the employing organization or full name. individual entrepreneur;
• manager data;
• indication of the address: as it is indicated in the statutory documents, and all necessary codes (TIN, 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;
• it is necessary to list the names of positions or specialties of those employees whose jobs are declared. It is mandatory to indicate the codes of these specialties;
• number of employees based on the data from the special assessment card (section 3 of the report);
• individual workplace numbers based on the SOUT card. Taken from the 1st column of the list of service places where the special operational assessment was carried out (section 2 of the report);
• similar jobs. They are marked with the letter A (4th column of the list from the 2nd section of the report);
• results of SOUT for declared places;
• details of the expert opinion and the surname and initials of the expert.

This is what a sample of filling out a declaration of conformity with working conditions for 2022 looks like:

How to fill out the SOUT

Issues of examination of working conditions in the workplace for compliance with state labor protection standards are regulated in detail by Art. 11 of Federal Law No. 426-FZ.

The SOUTH Declaration is required to be completed for the following workplaces:

• in which dangerous and harmful working conditions have not been found;
• in which working conditions are assessed as optimal or acceptable (with the exception of workplaces expressly listed in government lists).

In relation to the jobs listed in Part 6 of Art. 10 of Federal Law No. 426-FZ (hazardous professions on government lists or professions giving the right to early retirement), a declaration of conformity is not drawn up.

Experts often ask whether it is possible to list all jobs in one declaration, or whether it is necessary to write out separate declarations for each place. Let's explain. In accordance with paragraph 6 of Procedure No. 80n, 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.

Similar work places should be understood as works places that are located in the same premises (zone) or similar premises. As a rule, they have identical ventilation and climate control equipment, heating, and lighting equipment. Employees in these places are representatives of the same or related processions, or they may have the same position and specialty. The labor responsibilities of such workers are also the same, as are the equipment for work and protective equipment (Article 9 of Federal Law No. 426-FZ).

To correctly fill out the SOUT declaration, you should study the Order of the Ministry of Labor of the Russian Federation dated 02/07/2014 No. 80n). In this document you can find both the general procedure for registration and the declaration form.

The most convenient way, of course, is to fill out the form through the free service that Rostrud provides on its official website.

In the declaration, indicate:

• in the column “Name of legal entity” the full name of the organization from the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs or full name. individual entrepreneur (for individual entrepreneurs);
• in the “Location and place of business” column, indicate the legal address from the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs and the actual address of the business. Individual entrepreneurs must indicate their place of residence and the actual place of the enterprise;
• in the INN and OGRN columns, write the corresponding data from the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs;
• in the column “Name of position, profession or specialty of the employee” write the name of the position as it is indicated in the assessment report and your employment documents;
• in the columns “Workplace number(s)” indicate the seat numbers from the SOUTH report;
• in the column “Details of the expert opinion of the organization that conducted the special assessment...” you need to write the number and date of the conclusion of the company that assessed the places;
• in the column “Registration number in the register of organizations...” you must indicate the registration number of the company that assessed the places. This can be found out from company employees or on the Ministry of Labor website;
• in the “Date of filing the declaration” column, indicate the date when the declaration will be completely completed and sent to the authorized body;
• there is no need to fill out the field “Information on registration of the declaration”, this is the place for the labor inspection mark;
• do not forget to sign the declaration from the director of the organization (from an individual entrepreneur, if the declaration is submitted as an individual entrepreneur).

Terms of consideration, reasons for repeating the special assessment

After receiving the document, the labor inspectorate must check the information contained in it. She has 10 days to do this. If the form is filled out incorrectly or there are errors in the data provided, the SOUT report will be returned. In this case, the employer will have to re-register it and re-submit it for verification. After the State Labor Inspectorate accepts the form, the employer has the right not to conduct a special assessment at those workplaces that were included in the declaration, in the absence of changes or violations.

If an accident occurs in an organization, regardless of the severity of its consequences, the document data will be canceled and the employer will have to carry out an unscheduled emergency safety assessment. If, on the other hand, working conditions continue to meet established government regulations and no accidents (including occupational diseases) have occurred on the job site, no inspection will be required. To check the validity of the conditions, the official website of the register of declarations of conformity of working conditions, operated by Rostrud, is used.

Updated declaration on special assessment of working conditions

The report includes only 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 needs to clarify the previously submitted information and include additional information in the declaration.

All other employers who submit a report to the labor inspectorate after this date include optimal or acceptable conditions in the document immediately. This means that in 2022 no one will need to submit updated information.

Features of filling out a declaration for assessing working conditions

The declaration form was approved by Order of the Ministry of Labor of Russia No. 80n dated 02/07/2014, but when filling it out, it is necessary to take into account the amendments made by Order of the Ministry of Labor of Russia No. 642n dated 11/14/2016. In general, filling out the report is not difficult; the main thing is to make sure that there are no errors, blots or typos.

The declaration must be completed for all workplaces , even if they have optimal or acceptable working conditions. You may not include in the report those places where work initially implies early retirement, benefits and guarantees. If, based on the results of previous certifications, harmful or dangerous factors were identified, but you did not eliminate them, you also do not need to report.

Contents of the SOUT declaration

1. Full or abbreviated name of the organization, for individual entrepreneurs - full name of the individual entrepreneur.
2. Personal information of the manager.
3. Exact address, as in the statutory documents. For branches that operate without forming a legal entity, the address of the main division.
4. OGRN or INN codes.
5. List of declared jobs indicating positions, specialties and codes.
6. The number of employees.
7. Workplace numbers based on the SOUT map.
8. Marking with the letter A similar places.
9. Results of SOUT.
10. Details of the expert opinion.
11. FULL NAME. specialist who conducted the special assessment and compiled the report.

Sample declaration of conformity “Special assessment of working conditions”

Note! The electronic SOUT declaration contains the same information as the paper one.

What is the punishment for lack of SOUT?

In addition to the obvious economic benefits, a special assessment and a report to the labor inspectorate are necessary to avoid fines under Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. Labor inspectors have the right to check the declaration on labor safety standards on the website and, if it is missing, hold the employer accountable with a fine in the amount of:

• for organization - from 60,000 to 80,000 rubles;
• for an official - from 5,000 to 10,000 rubles.

For repeated violations, the fine for legal entities increases to 200,000 rubles. In addition, the inspection has the right to suspend the company’s activities for up to 90 days.