According to Part 6 of Article 27 of the Law Russian Federation No. 426-FZ, the schedule for carrying out special assessments can be phased and completed no later than December 31, 2018. We provide you with scheduling guidelines and a template prepared by experts.
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Frequency of special assessment of working conditions
The procedure for conducting a special assessment must begin no later than the second quarter of 2017. But there is an exception - in Part 4 of Article 27 of Law No. 426-FZ. If by the time this law came into force - January 1, 2014 - the enterprise had carried out an automated workplace assessment on working conditions, then its results will be valid for 5 years.
The period for conducting the next SOUT should be calculated from the date of approval of the results of the automated work system by order of the manager, and not from the date of concluding an agreement with the assessing organization.
Many legal entities and individual entrepreneurs were created, established after, and did not find the automated workplace. Many employers do not even know what an automated workplace is.
How to determine the deadline for conducting a special assessment for those organizations in which workplace certification was not carried out at all? Is it possible for them to delay the implementation of the SOUT until December 31, 2018? No you can not.
In general, employers must complete the special assessment work by December 31, 2018. a five-year period to ensure that all organizations and individual entrepreneurs have time to carry out SOUT according to a new procedure, different from the certification of workplaces.
Ignorance of the law is not an excuse. The head of the organization must study the procedure for special OTU during occupational safety training under a 40-hour program in training center Ministry of Labor of Russia.
Where the law establishes the right to early pensions for work in working conditions harmful to health, the special labor assessment must be carried out no later than the end of the last ARM. It should also be carried out in those workplaces where the previous workstation showed harmful and dangerous working conditions.
Therefore, for organizations that were registered in the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs after it was adopted, the deadline special assessment is 1 year of job creation. This is not an approval date staffing table, and the date of hiring of hired personnel. That is why SOUT is not carried out for vacant positions.
Responsibility for violating the deadlines for conducting a special assessment of technical requirements
There is no need to wait for inspection by Rostrudinspektsiya inspectors. Yes, the fine for failure to carry out SOUT is imposed on the organization, as for the procedure, and is not summed up by the number of jobs, but a fine in the amount of 50-80 thousand rubles will force you to still carry out SOUT. If the violation becomes a relapse within the statute of limitations - 12 months (), then the employer may lose his job - he will be disqualified by a court decision.
After that every new employer the disqualified person will have to notify Rostrud that he has hired such an employee. Now calculate the probability of being hired by a manager after such a dubious recommendation.
Advantages of timely implementation
The employer must understand that SOUT has replaced workplace certification in order to reduce the burden on the business. Where the employer incurs costs for the purchase of new equipment, for the reconstruction of technological lines, where the business invests in the creation of safe jobs, the tariffs for contributions to extra-budgetary funds of the Russian Federation should become lower - in Pension Fund and to the social insurance fund.
It may also be possible not to pay compensation to the salary and not to provide.
The procedure for carrying out SOUT is much easier than certifying workplaces, and all old occupational safety engineers, now OSH specialists, will agree with this. The procedure for special assessment under 426-FZ is much more logical and transparent. The employer now has more opportunities to influence the result, because where working conditions are under constant control, an expert will not be able to assess workplace"according to installed capacity".
If an employee works in hazardous working conditions less than 50% of an eight-hour working day or a forty-hour working week, a hazardous work class will not be established for this factor. Therefore, the employer must prove to an expert organization that the electric and gas welder actually works with welding aerosols for only 2 hours of pure operating time. The rest of the time he is engaged in preparatory, procurement and auxiliary, servicing processes. Previously this was impossible.
Life has become easier for doctors too. Previously, in order for it to be established based on biological factors, it was necessary to prove that the maximum limit was exceeded and to carry out numerous expensive measurements. Now, the hazard class is established only in the presence of this factor, regardless of the time of work in these conditions, without measurements, for all medical and non-medical workers in contact with pathogenic microorganisms.
Every physician - be it a paramedic pre-trip medical examination in an organization, be it a doctor, they are engaged in medical activities, therefore they must receive compensation for their risky and hard work. This is also a achievement of SOUT - to make the procedure understandable for every employee. 426-FZ obligated the employer to provide explanations to employees regarding the assessment of their jobs.
Deadlines for unscheduled special assessments
The above deadlines do not apply when required by law. If new RMs have been created, then it is carried out within 12 months. If an order has been received from the inspector of the Rostrudinspektsiya, then the SOUT is carried out no later than 6 months after the decision.
Employees must be notified of changes in working conditions at their workplaces immediately after approval of the SAW report. The accrual of guarantees and compensation should begin from the same date.
But don’t rush to cancel benefits. To do this, the employee must be notified 2 months in advance that the working conditions at his workplace have changed in better side, and he will no longer receive benefits.
It is impossible to declare his workplace. Therefore, even under class 2 working conditions, the employee must sign. In this case, the employer must prove that working conditions have actually changed as a result of: moving to new office, modernization of equipment, application of safe technologies, improvement of equipment in workshops and workshops, i.e. really eliminated harmful effects production factor. Otherwise, the court or the State Tax Inspectorate will restore justice.
The state examination of SOUT cannot establish benefits and guarantees. To do this, the employer must again conduct an assessment at the workplace - this time unscheduled, and not within a year, but within 6 months after the conclusion of the examination or court decision. The guilty party will pay for the examination as a recourse claim against the defendant by the plaintiff - the employee.
Schedule for special assessment of working conditions
As stated above, the employer has quite short time for carrying out SOUT. Firstly, it will take a lot of time. The schedule can be drawn up by a separate order, included in the text of the order for carrying out the Special Operations Operations, or issued as an appendix to it. If an order can be issued in one day, then in one day it is not possible to immediately improve working conditions in every workshop, in every section or at every construction site. All these are material costs.
If you approach the SOUT irresponsibly, then there will be a corresponding retribution - experts value their certification very much, it is difficult to obtain, but losing it is very easy, one mistake, one step towards the employer, one concession, and the expert will lose his status irrevocably.
Therefore, no one will make a deal with a careless employer. And the expert, having seen the actual state of working conditions, will set. Where the expert will not be allowed due to the “danger of work”, the expert will assign subclass 3.4 or dangerous class 4.
Therefore, it will cost the employer less, although it will take longer, to change lighting lamps, install vibration and noise suppressors wall panels, floor coverings, transition from heavy and traumatic physical or mechanical labor to robotic labor. But it needs to be done. This is the employer’s obligation specified in Article 212 of the Labor Code of the Russian Federation.
Costs for improving working conditions will allow one-fifth of the funds spent from contributions to be reimbursed. This should also encourage the employer to invest in labor protection, because it is beneficial in the medium term.
attention
The SOUT schedule must be developed with a reserve of time so that it is enough to eliminate violations of labor protection requirements.
Regarding the extension of the special assessment declaration, we explain the following. Many employers are confident that if classes 1 and 2 are installed at their workplaces, then SOUT need not be carried out for 10 years. But that's not true.
Indeed, if over the course of five years not a single incident occurs at work, if not a single employee has an occupational disease due to exposure to HFPF, the employer can simply extend the declaration for the next five years without conducting studies of working conditions, and assessing occupational safety on the data workplaces do not need to be carried out.
If such circumstances occur during the period of validity of the declaration, then its validity is terminated. Therefore, there is no need to include all places “en masse” in the declaration. In the event of an emergency or an occupational disease, after an unscheduled inspection, within 10 days a mark indicating the cancellation of the SOUT will be set in the State Register.
We should not forget that if there was a change in the standard standards for issuing PPE, if there were any, if an application was received from an employee to have his workplace re-evaluated, if an inspector of the Rostrudinspektsiya during a scheduled inspection did not agree that the employee’s occupational safety class was acceptable, then an unscheduled SOUT should be carried out.
If an employee has optimal conditions labor SOUT was carried out with a monitor with cathode ray tube(such monitors are very durable in computing research institutes), and there was a replacement for a discrete monitor, then an unscheduled special assessment is required.
If the workshop has changed lighting from lamp to spiral, then this change directly affects working conditions, and a special monitoring system must be carried out. If, instead of a domestic conveyor, the employer installed an imported one, then the assessment must be carried out again. Therefore, no one will withstand a ten-year period, and first of all, workers who want both for harmful, from their point of view, UT, and an additional payment to the salary.
There is no regulatory legal document that would determine the calendar dates for each stage of the SOUT. The employer must proceed from its production capabilities. Ultimately, the timing depends on local conditions - the total number of jobs, the percentage of similar jobs, working conditions, shifts, etc.
Schedule for special assessment of working conditions (sample)
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Event name |
Date |
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Approval by order of the composition of the commission for conducting SOUT |
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Drawing up a list of jobs and hours of employment in the conditions of VOPF |
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Approval of the schedule and familiarization of the commission members with it |
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Preparation of documents for experts characterizing the production process at the Republic of Moldova. Explanatory work with personnel on the procedure for carrying out special operational safety measures at their workplaces, answering questions |
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Selecting an accredited organization, concluding an agreement |
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VOPF identification |
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Laboratory and instrumental measurements of VOPF levels |
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Compilation of a report |
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Review and signing of the report by members of the commission |
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Approval of the report and signing of the work acceptance certificate |
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Assignment of benefits and compensation. Entering information about the class of working conditions, benefits and compensation into employment contracts |
On the day the report is approved |
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Familiarization of workers with the results in SOUT cards and in declarations |
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Filing a declaration for RM with 1,2 class and for those RM where harmful conditions labor were not identified |
10 days after report approval |
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Posting the summary statement of SOUT on the corporate portal |
10 days after report approval |
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Amendments to the terms of reference in the employment contract regarding the cancellation of guarantees |
2 months after notification |
On January 1, 2014, two laws came into force that provide new approach to assessing working conditions: the federal law dated December 28, 2013 No. 426-FZ " " (hereinafter referred to as the law on special assessment) and Federal Law dated 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” will help us figure out the most difficult ones. CEO HSA Company 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 in this case It’s 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.
In the absence of accidents in the organization, the validity period of the declaration of conformity of working conditions with state regulatory requirements 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.
SOUT is a procedure that is necessary for any enterprise. The assessment will show what negative factors exist on the health of workers, as well as available methods reducing their number. The procedure should help improve working conditions and draw up correct compensation and deductions.
Why do an assessment?
The need for assessment is fixed in Federal Law No. 197, according to the law, any organization that has not carried out a similar procedure will be fined or punished by other means.
SOUT shows the state of working conditions. This will help establish an algorithm for paying compensation for existing dangers or harm to health, as well as determine an action plan to eliminate negative factors.
The consequences of the assessment make it possible produce competitive products, which will be introduced into the domestic and foreign markets. Recently, Russia has been part of the WTO, which allows it to compete on equal terms with foreign products. Certification is one of the methods for approving the quality of goods and the safety of workers at work. SOUT is not an integral part of the certification of labor protection work.
A correctly conducted assessment will help to rationally distribute compensation and approve a list of benefits that the worker can use. One of the factors is reduction in payroll taxes.
For enterprises, conducting an assessment will provide sufficient grounds to begin procedures to improve workplaces, for which it is necessary to spend certain amounts. All funds spent will be considered one of the parts of the cost of the product. The company will also receive discounts on insurance rates, which are necessary to insure the company and each employee in particular against accidents.
Justification for spending on improving conditions can protect the owner of the enterprise from the arrival of tax authorities. Often, in the absence of grounds large fines are imposed, since the money spent on protective equipment, workwear, etc. will be considered a certain kind of waste.
Procedure for carrying out SOUT
Frequency and validity period
The frequency of the survey will depend on the assessment of working conditions.
If harmful factors have not been identified, and after five years there are no grounds for carrying out assessment work, then they are no longer required. If within five years a reason for a re-assessment arises, then after that the “term” is reset to zero again.
That is, upon detection of negative factors, the resulting assessment will be valid for five years. Upon expiration, the company will be punished according to the letter of the law. This means that the re-examination must take place within the next five years, so that after the expiration of the previous results, a new conclusion will be prepared.
If grounds have been discovered for an unscheduled implementation of special assessment and assessment work, then this should be carried out within 6 or 12 months.
Within 6 months if:
- an order on the need for inspection was sent;
- V production process new potentially hazardous materials, raw materials, and equipment are used;
- new protective equipment was introduced for each worker individually, or for the entire production process;
- the accident occurred through no fault of third parties;
- a disease was detected in one of the employees;
- The decision to conduct an inspection was made by the trade union.
Within 12 months if:
- new jobs are introduced;
- the technological process changes, which potentially creates a dangerous or harmful factor.
What to do with the results
SOUT results must show what actions need to be taken to eliminate the influence of negative factors, or compensate for the harm caused to the employee in other ways. Working conditions are improved in all possible directions.
In addition, all employees whose jobs were affected during the inspection should be familiarized with the results obtained. As confirmation of familiarization, a signature must be affixed, which must appear within 30 days after report approval.
If the employee decides not to accept the results of the SOUT, then a confirmation act must be drawn up. To certify it, three witnesses will be required to sign the document. The employee has every right to contact the Labor Inspectorate to appeal the results of the inspection.
For your attention, there is a video about how the OHS is carried out at the enterprise.
From January 1, 2014, employers are required to conduct a special assessment of working conditions (Federal Law No. 426-FZ of December 28, 2013; hereinafter referred to as Law No. 426-FZ). This procedure was introduced instead of workplace certification and largely repeats it.
On December 31, 2018, the period when employers could stage-by-stage conduct a special assessment of working conditions in relation to workplaces where potentially harmful and (or) hazardous conditions were identified production factors. We are talking about so-called safe, “unlisted” jobs, that is, not listed in. Essentially, jobs fall into this category. In addition, only until this date could the results of a previously conducted certification of workplaces be valid (letter of the Ministry of Labor of Russia dated June 1, 2018 No. 15-4/10/B-4010 "").
Thus, the period during which it was necessary to complete the SOUT has already expired for employers. From January 1, those who fail to fulfill this obligation may be held liable. We note that responsibility for this part does not depend on the number of employees whose labor rights were violated ().
Can a special assessment of working conditions at a vacant workplace be carried out? Find out the answer in "Encyclopedia of solutions. Labor Relations, personnel" Internet version of the GARANT system. Get free access for 3 days!
However, firstly, a special assessment should be carried out as soon as possible by those who were late - in particular, the Russian Ministry of Labor should implement a mechanism for preventing violations in relation to small businesses and individual entrepreneurs, within the framework of which the employer will first be sent a warning about the inadmissibility of violating labor protection requirements, and only in case of non-compliance will they be fined.
In addition, a special assessment can be carried out for the first time by those who have just created new jobs. A year is allotted for this from the moment of their formation. That is, if a workplace was created in December 2018, then the deadline for completing the SOUT is December 2019.
Both categories of employers will find our instructions very useful. During the special assessment, they need to take into account a number of features in order to avoid administrative liability for violating the established procedure for conducting a special assessment for the same.
Let us consider the procedure for carrying out this procedure in more detail.
Step 1. Issue an order to form a commission to conduct a special assessment of working conditions
Having made a decision to conduct a special assessment of working conditions, the head of the organization must issue a corresponding order, defining in it the composition of the commission for conducting such a special assessment, including the head, as well as the procedure for its activities. In this case, the number of commission members must be odd, and a labor protection specialist must be included in its composition (). The head of the commission, as a rule, is appointed general director ().
Step 2. Approve the list of workplaces for special assessment
The list of jobs for which a special assessment must be carried out, including similar ones, is determined by a commission created by the employer ().
A special assessment in the presence of similar jobs is carried out only in relation to 20% of them total number, but in any case there should be more than two (). The results of the special assessment are applied to all similar workplaces.
OUR HELP
Similar workplaces are workplaces that are located in one or more of the same type production premises, equipped with the same or the same type of ventilation, air conditioning, heating and lighting systems, in which workers work in the same profession, position, specialty, carry out the same labor functions in the same working hours when conducting the same type of work technological process using the same production equipment, tools, devices, materials and raw materials and are provided with the same personal protective equipment ().
Step 3. Issue an order approving the schedule for a special assessment of working conditions
Simultaneously with determining the list of workplaces in respect of which a special assessment of working conditions should be carried out, the commission draws up a schedule for conducting a special assessment. It must be approved by the relevant order of the head of the organization.
When compiling of this schedule The following should be taken into account.
By general rule, a special assessment is carried out in relation to each workplace, including office rooms, at least once every five years ().
If the employer had not previously carried out a special assessment of working conditions, it had to be carried out no later than December 31, 2018 (). However, the law allowed this to be done in stages.
The exceptions are jobs:
- those employees whose profession, position or specialty gives them;
- work for which gives the right to guarantees and compensation for work;
- in which, based on the results of previously conducted certification of workplaces for working conditions or a special assessment of working conditions, harmful and/or dangerous working conditions were established ().
A special assessment of these jobs had to be carried out as a matter of priority, without dividing into stages (). For failure to fulfill this obligation, the employer faces administrative responsibility, including a fine of up to 10 thousand rubles – for officials and individual entrepreneurs, up to 80 thousand rubles. - For legal entities ().
If, before December 31, 2013, the employer certified workplaces for working conditions, a special assessment in relation to these workplaces may not be carried out for five years from the date of completion of the certification ().
In addition, in addition to the planned special assessment of workplaces, the employer is obliged to conduct an unscheduled one - for example, when commissioning newly organized workplaces, changing the technological process, receiving an appropriate order from the State Labor Inspectorate, etc. (). The period during which an unscheduled special assessment of working conditions must be carried out ranges from 6 to 12 months, depending on the basis for its conduct ().
Step 4. Conclude an agreement with a specialized organization to conduct a special assessment of working conditions
To conduct a special assessment of working conditions, the employer must conclude an appropriate agreement with the selected specialized organization (,). The register of accredited organizations can be found on the website of the Russian Ministry of Labor (http://akot.rosmintrud.ru/).
Step 5. Transfer the necessary information, documents and information to the organization conducting the special assessment of working conditions
As soon as an agreement with a specialized organization is concluded, the employer is obliged to provide it with information, documents and information characterizing working conditions in the workplace (for example, technological documentation, building construction projects, etc.).
Step 6. Approve the results of identification of potentially harmful and/or dangerous production factors
When conducting a special assessment of working conditions, a specialized organization identifies potentially harmful and/or dangerous production factors. The results of this identification, upon completion, are approved by a commission created by the employer ().
Then the organization begins to measure the actual values of harmful and/or dangerous factors, if any have been identified (). Based on the results of the study, an expert from a specialized organization classifies working conditions in the workplace according to the degree of harmfulness and/or danger into optimal, acceptable, harmful and dangerous (,).
Step 7. Approve the report on the special assessment of working conditions
Based on the results of the special assessment, the organization draws up a report, which must be signed by all members of the commission created by the employer and approved by its chairman (). A member of the commission who does not agree with the results of a special assessment of working conditions may express his reasoned opinion in writing and attach it to the report.
Step 8. Notify the specialized organization about the approval of the report on the special assessment of working conditions
Within three working days from the date of approval of the report on the special assessment of working conditions, the employer is obliged to notify the specialized organization about this, and also send to it a copy of the approved report (). Anyone can do this in an accessible way, providing the opportunity to confirm the fact of such notification.
Step 9. Submit a declaration of compliance of working conditions with state regulatory requirements for labor protection
If the presence of harmful and/or dangerous production factors was not identified based on the identification results, or if, based on the results of measurements, working conditions in the workplace are considered optimal or acceptable, the employer must notify the labor inspectorate at the location of the organization (). To do this, working conditions must comply with state regulatory requirements for labor protection (approved). The employer must submit this declaration within 30 working days from the date of approval of the report on the special assessment (approved by Order of the Ministry of Labor of Russia dated February 7, 2014 No. 80n).
It should be noted that until May 1, 2016, the employer indicated in the declaration only information about the absence of harmful and/or dangerous production factors. In this regard, if, based on the results of measurements carried out before May 1, 2016, working conditions in relation to other workplaces were considered optimal or acceptable, the employer must submit an updated declaration to the labor inspectorate including these workplaces ().
Step 10. Familiarize workers with the report on the special assessment of working conditions
No later than 30 calendar days from the date of approval of the report on the special assessment, the employer must familiarize employees with the results of the special assessment against signature (). The specified 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.
Step 11. Post the results of the special assessment on the organization’s website
Within 30 calendar days after approval of the report on a special assessment of working conditions, the employer should post summary data on the results of the special assessment on its official website - if available ().
Information posted on the website must contain information:
- on establishing classes (subclasses) of working conditions in the workplace;
- on the list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out.
To do this, you need to reflect the relevant data in (approved by order of the FSS of Russia dated September 26, 2016 No. 381).
Step 13. Apply the results of a special assessment of working conditions
The results of the special assessment influence the establishment of guarantees and compensation for employees. Thus, employees whose working conditions at their workplaces are recognized as harmful, depending on the degree of harmfulness, have the right to a shortened working week of no more than 36 hours, additional leave at least seven calendar days and/or compensation in the amount of 4% of salary (,).
In addition, a clause on working conditions at the relevant workplace should be included in employment contract with new employees (). And changes should be made to contracts with existing employees by concluding with them the appropriate additional agreement ().
According to the law, the employer must provide safe conditions work in the company and labor protection of workers. Assessing working conditions is one of the stages to fulfill this requirement. Previously, employers were required to certify workplaces based on working conditions. Since 2014, instead of workplace certification, a special assessment of working conditions has been carried out.
This obligation applies to all companies, regardless of their legal forms and forms of ownership, individual entrepreneurs. The field of activity in which the company operates, as well as the status of the entrepreneur (for example, small business), and the number of employees do not play a role.
It is worth noting that for some employees an assessment of working conditions should not be carried out. Such employees include:
- workers working at home (homeworkers);
- employees working remotely;
- employees working for individuals who do not have individual entrepreneur status.
For some jobs certain species activities, a special assessment of working conditions is carried out taking into account certain features that are established by the Russian Ministry of Labor. For example, the specifics of the implementation have been established for certain categories of health workers, creative workers of theaters, circuses, and so on.
Validity period of the special assessment of working conditions
As a general rule, a special assessment of working conditions is carried out by employing companies at least once every five years, in some cases this period can be 6 and 12 months. Most employers (whose working conditions are not dangerous or harmful) can assess working conditions in stages and complete it by the end of 2018 (until December 31, 2018).
However, the results of the special assessment are valid until the moment when the working conditions have been changed. The legislation establishes a number of cases when an employer company is obliged to conduct an unscheduled assessment of the working conditions of employees, thus, the time frame for assessing working conditions will be reduced. Thus, within a year (twelve months) it is necessary to conduct an unscheduled inspection of the working conditions of employees if:
- A new workplace is being put into operation. By input we mean the actual start of work at this workplace. As a rule, this day is considered the first working day of an employee who is hired for this workplace;
- Working conditions were changed: replacement of production equipment, raw materials, protective equipment, if this changes the influence of harmful production factors on the worker’s body.
The time frame for conducting a special assessment of working conditions can be even shorter - six months (6 months) from the day when the following cases occurred:
- If during the inspection process the labor inspectorate found violations of the legislation on the assessment of working conditions;
- If an emergency (accident) occurred or the employees of the enterprise were diagnosed with a prof. disease (that is, the harmful effects of production caused the employee to develop a disease);
- If the workers' trade union organization has made a reasonable proposal to conduct an unscheduled assessment.
Thus, the special assessment of working conditions (timing) may differ in some cases.
It is worth considering if before the beginning of 2014 (January 1, 2014) the company carried out certification of workplaces in in the prescribed manner, then it has the right not to conduct a special assessment of working conditions for five years from the date of completion of this certification (unless there are reasons for conducting an unscheduled assessment).