Declaration of conformity of working conditions in 2021: who and how to fill out

In 2021, the declaration of assessment of working conditions remains among the mandatory documents that employers must submit.
Let's take a closer look at the rules for preparing the SOUT declaration, the deadlines for submission, as well as the consequences of refusing to prepare it. Article navigation

• Declarations on SOUT: regulatory framework
• Why submit a declaration to assess working conditions
• How to submit a SOUT declaration
• Features of filling out a declaration for assessing working conditions
• In what cases should I submit an updated declaration of special assessment of working conditions to the State Labor Inspectorate?

What is the need for a special assessment declaration?

The need to draw up a declaration on a special assessment of working conditions is mainly based on the interests of the organization itself. If acceptable working conditions are created for employees, the employer has the right to pay insurance premiums at a reduced rate. However, this only applies to positions without dangerous and harmful working conditions. And for specific types of work with a high level of injuries and health risks (for example, workers in mines and metallurgical industry enterprises), the legislator additionally established a tariff scale for insurance premiums of up to 8 percent.

Order of the Ministry of Labor No. 33n regulates in detail the methodology for calculating classes of working conditions.

By improving conditions in the workplace and increasing labor safety for employees, the organization can count on lowering the hazard class. An unscheduled SOUT will act as a legal basis for reducing the percentage of tariffs for insurance premiums. The legislation allows for a change from the third class (harmful conditions) to the first or second (permissible and optimal conditions), but it is impossible to lower the fourth class.

To properly monitor the implementation of labor protection requirements by employing organizations and individual entrepreneurs, Rostrud maintains a register of declarations of compliance of working conditions with state regulatory labor protection requirements. Received declaration information is entered into the register within 15 days. Anyone can view this information on the Rostrud website.

Why do you need a SOUT declaration?

Declaration of working conditions, first of all, meets the interests of the employers themselves. They have the opportunity to reduce the amount of insurance premiums for workers for whom acceptable jobs have been created and they do not work in dangerous or harmful conditions. Of course, 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 ensures the modernization of work tools, 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.

How often should I take it?

For filing a declaration, Order No. 80n of the Ministry of Labor defines a period of 30 working days, which begins from the moment the report is approved. To avoid penalties, it is recommended that you strictly adhere to these time limits. The territorial labor inspectorate considers the submitted data based on the results of the special labor inspection within 10 working days, then makes a decision on accepting the documents or refusing to accept them. If the form and content of the declaration does not comply with legal requirements, it is returned for revision.

A correctly drawn up special assessment declaration has legal force for 5 years. If no accident occurs at the specified workplaces or the employee does not suffer from an occupational disease, the validity of the declaration will automatically be extended for 5 years. There is no need to conduct a special assessment in this situation. But even a single fact of an accident at the workplace is grounds for canceling the declaration and assigning an unscheduled special safety assessment at this workplace.

Last news

The government has decided to introduce indefinite validity of SOUT declarations. Officials submitted a corresponding bill to the State Duma for consideration. Now this document is valid for 5 years from the date of entering information about the results of the special assessment into the information system for recording the results of the special assessment. If during this period an industrial accident occurs in the organization or an employee is diagnosed with an occupational disease, the declaration is terminated. If such situations do not arise, its validity is automatically extended for another 5 years, and the employer is required to conduct a second special inspection after 10 years. He does this at his own expense.

If the government amendments are approved, employing organizations will be able to save on special labor costs. The authors of the initiative note that the requirement to carry out a repeated labor safety assessment when working conditions have not changed and there are no violations is redundant. Its abolition will have a beneficial effect on the administration of labor protection requirements and the financial position of organizations.

Where to submit the declaration?

The declaration is submitted to the territorial labor inspectorate at the location of the organization. An employer can transfer reporting documentation in three ways:

• Personally, by visiting the administrative building of the territorial labor inspectorate;

• By mail with acknowledgment of delivery and a description of the contents;

• Via the Internet on the website of the Federal Service for Labor and Employment in the form of an electronic document confirmed by the digital signature of the head of the organization.

How to find the declaration?

To find a declaration of conformity in the Rosakkreditatsiya information base, you need to go to the official website and select section number 3 at the bottom - Declarations of Conformity. Here you will see the subsections of the Unified Register of Declarations, from which you need to select the appropriate one:

1. Unified Register of Declarations of Conformity.
2. The national part of the Unified Register of registered declarations of conformity, drawn up in a unified form.
3. Register of declarations of conformity of products included in the unified list of products subject to declaration of conformity (Resolution of the Government of the Russian Federation dated December 1, 2009 No. 982).
4. Information about the suspension or termination of declarations of conformity as ordered by the state control (supervision) body.

To make your search easier, we have provided direct links to the Register of Declarations on the website of the Russian Accreditation Agency and indicated what type of declarations can be found there:

What to write in the document?

Requirements for the content of documents for a special assessment of working conditions are spelled out and enshrined in Order of the Ministry of Labor No. 80n and Letter of the Ministry of Labor No. 15-1/B-724. Thus, the mandatory details of the declaration are considered:

• full/abbreviated name of the organization, and if documentation is submitted by an individual entrepreneur, his full name;
• information about the head of the organization;
• the address of the organization specified in the charter;
• OGRN, TIN codes, etc.;
• total number of employees with individual workplace numbers;
• list of declared jobs;
• details of the expert opinion.

For some categories of jobs, a declaration is not submitted. These are:

• work that provides for early receipt of an old-age insurance pension;
• work that provides compensation payments and guarantees for dangerous and harmful working conditions;
• work where the results of the certification established dangerous/harmful working conditions.

Filling Features

They enter data in accordance with the rules set out in the Letter of the Ministry of Labor dated June 23, 2014 No. 15-1/B-724. Conditions for filling: indicate the name of the company and location according to the constituent documents. In the data submitted for the places of workers in branches without creating a legal entity, the address data is recorded not for the branch, but for the head department. The names of professions are transferred from the special assessment card of the corresponding workplace. The number of workers is entered from the SOUT card, the numbers of work places are entered according to column No. 1 of the register of places where the assessment was carried out. Similar jobs are marked with the letter A according to the special assessment report. They enter the findings of the expert commission and the personal data of the inspector.

Sample declaration of SOUT 2019

Information is entered sequentially:

• position - according to the list approved by the company;
• numbers of work places - transferred from the SOUT report. They are written separated by commas, spaces separated by dashes;
• the number of workers performing work at these places.

Next, fill in the details of the completed expert report: its date and number in order.

Declaration of SOUT, sample of filling out 2021:

Do I need to submit an amended declaration?

An updated declaration was necessary in 2021, when, with the introduction of a new procedure for conducting special assessments, the preparation of the declaration had to take into account jobs in the first and second class. Therefore, enterprises and individual entrepreneurs who had previously submitted their declarations to Rostrud had to provide additional information about work positions with optimal and acceptable conditions, documenting all this in an updated declaration. The deadline for filing an updated declaration was June 16, 2016. The new edition of the corresponding article of the Federal Law on Specialized Workplaces stipulates that information about working with optimal and permissible conditions should be provided in the text of the declaration of special assessment. Today there is no need to submit an updated declaration.

What to do if you do not find a declaration of conformity in the Register?

If you are unable to check the declaration of conformity in the Register, do not rush to get upset. Firstly, it may not have appeared there yet if you recently filled out the document. It happens that a declaration appears in the Register even after a week.

This all depends on the timing of uploading data to the Register by specific certification bodies that register the declaration - for some it is customary to upload it daily, for others once a week.

Secondly, you may have entered your data incorrectly into the search bar, or made a mistake in the letter, for example (indicated an English letter instead of the same Russian one). Therefore, we recommend making a minimum number of entries when searching; it is not necessary to fill out all fields.

For example, you can simply enter the last 5 digits from the declaration number - “12535” and part of the word from the general name of the product - “machines”. Then there will be much less chance of not finding a declaration of conformity than if you indicate “Orion centering machines, models A-256, A-2547” and the full declaration number “TC-RU D-RU.PK08.V.12535”.

As you can see, the complete document data contains both English and Russian letters. You can easily confuse them, and the Registry will no longer show your declaration, even if you make literally one mistake.

If you have questions about searching for declarations in the Register of Declarations, we will always help you absolutely free of charge. Just ask your question in the feedback form, and we will answer you on how to find the declaration in the Register.

How to register a declaration of conformity?

You can register a TR CU declaration without any problems on a turnkey basis through our portal by sending an application in the “Online Application” section or by contacting our specialists by phone or email indicated in the “Contacts” section.

All TR CU declarations issued through the Certification RU Portal are guaranteed to be entered into the Unified Register of Certificates, which you can always check online.

Do you need to fill out a declaration and register it in the Register? Just call the toll-free number Or in the feedback form: Or write to us in instant messengers and receive an instant response from a chatbot:

Comments

Declaration of special assessment of working conditions

In accordance with the provisions of Federal Law No. 426-FZ of December 28, 2013, most employers are required to carry out a special assessment procedure for working conditions. This is done in order to reliably determine the characteristics of the workplace in which the specialist works, and, if necessary, provide him with benefits and compensation that can reduce the negative impact of difficult working conditions.

Based on the results of the SOUT, a workplace can be assigned one of the following classes:

• optimal. Working conditions in such a position do not have a negative impact on the employee’s health, or this impact is within the limits established by current hygienic standards;
• acceptable. The negative impact of working conditions on workers exists, but its intensity is such that they can independently restore normal well-being and performance by the beginning of the next shift, without resorting to taking medications, rehabilitation procedures, etc.;
• harmful. The influence of negative working conditions on workers entails significant harm to his health and performance. This group combines a large number of types of working conditions, therefore Federal Law No. 426-FZ divides it into four subclasses;
• dangerous. Working conditions in such workplaces pose a serious threat not only to the health, but also to the life of the worker.

Frequency of special assessment

In accordance with Article 8 426-FZ, SOUT is carried out every five years. However, for companies that have jobs with optimal or acceptable working conditions, a certain relaxation has been made. They may not conduct a special assessment after five years from the date of the previous procedure, subject to the execution of a special document - a declaration of compliance of working conditions with state regulatory requirements.

Declaration of conformity SOUT

This document represents an official statement by the employer that the listed positions meet current standards regarding the safety of working conditions and in accordance with the methodology defined by the provisions of 426-FZ and Order of the Ministry of Health dated January 24, 2014 N 33n, the working conditions at these workplaces belong to the class of optimal or admissible. It is compiled after the organization has first conducted a special assessment and determined the job classes of its employees.

After five years, when the law requires the next SOUT to be carried out, the SOUT declaration is automatically extended for the next five years. This means that the employer will not need to organize another special assessment. However, it must be taken into account that such an automatic extension procedure will only apply if there were no serious incidents at the enterprise during this period. Such incidents are considered:

• industrial accident;
• identification of occupational disease;
• identification by regulatory authorities of cases of violation of labor rights of workers or regulatory requirements for labor protection.

If this happens, the declaration will be automatically terminated. In such circumstances, the employer will have to conduct an extraordinary special assessment.

Who needs to submit the declaration?

Any employer who has workplaces with optimal or acceptable working conditions has the right to submit a SOUT declaration. If all positions belong to these classes, the organization can issue a declaration and not conduct a special assessment in the future until some kind of incident occurs at the enterprise. If only a part of the jobs turns out to be optimal or acceptable, you can prepare a declaration for them: then for the remaining positions, after five years, another assessment will be required.

Before you draw up a declaration according to the SOUT, you should make sure that all the jobs included in it can actually be exempted from further scheduled special assessment. The fact is that it is prohibited to include jobs in the declaration:

• with harmful working conditions of any subclasses (including 3.1, 3.2, 3.3, 3.4), confirmed by a special assessment report;
• with dangerous working conditions confirmed by a special assessment report;
• which are included in the lists of types of work or professions that give the right to early retirement;
• giving the right to receive guarantees and compensation for work in harmful or dangerous conditions in accordance with current regulatory documents.

The declaration based on the results of the special assessment is drawn up on the basis of an approved report on the results of the special assessment and is submitted to the territorial division of the State Labor Inspectorate. The responsibility for filing a declaration rests with the employer: the organization that carries out the special assessment of the tax assessment does not have the right to do this for him. She can only advise a company representative on procedural issues, for example, whether it is necessary to submit an updated SOUT declaration when changing the working conditions of employees.

Submission deadlines

In accordance with the established procedure, a declaration upon completion of the special assessment is submitted to the regulatory authority within 30 days from the date of approval of the special assessment report by the employer. Information about the document is entered into the Federal State System for recording the results of special assessments (FSIS). If an employer is interested in how to find out whether the SOUT declaration has been approved, he can contact representatives of Rostrud in his region.

Is it possible not to submit a declaration?

In accordance with Article 11 426-FZ, filling out a declaration on SOUT in relation to jobs that, based on the results of the assessment, are considered optimal or acceptable is the responsibility of the employer. Therefore, he must fill out and submit such a document to the regulatory authorities, regardless of his desire. Otherwise, he will be held liable for failure to submit the declaration under the SOUT.

The scope and nature of such liability is determined by Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation. According to this section of the regulatory document, the culprit will suffer the following punishment for failure to fulfill his duties:

• the official responsible for the organization and conduct of the Special Operations Regulations - a fine of 5 to 10 thousand rubles for a primary violation, a fine of 30 to 40 thousand rubles or disqualification for a period of 1 to 3 years for a repeated violation;
• individual entrepreneur - a fine of 5 to 10 thousand rubles for a primary violation, a fine of 30 to 40 thousand rubles or suspension of work for up to 90 days for a repeated violation;
• an enterprise of any organizational and legal form - a fine of 60 to 80 thousand rubles for a primary violation, a fine of 100 to 200 thousand rubles or suspension of work for up to 90 days for a repeated violation.

Declaration form

The obligatory declaration of SOUT at the labor inspectorate is drawn up using a standard form. The form of this document is determined by the appendix to the order of the Ministry of Labor dated February 7, 2014 N 80n. It includes the following data:

• name of the organization or last name, first name and patronymic of an individual entrepreneur;
• place of work of the organization or individual entrepreneur;
• details, including TIN and OGRN;
• a list of workplaces that are subject to the declaration, indicating for each of them the number, the name of the employee’s position and the number of employees who work at this place;
• the basis for filing the declaration, that is, the expert opinion of the organization that carried out the special assessment, or the test reports. In this section of the declaration you will need to indicate the details of the relevant document;
• name of the organization that conducted the assessment;
• the date of its holding;
• supporting information, including the seal of the organization and the signature of the manager.

In order to inform employers about the rules for filling out this document, the Ministry of Labor published a special letter dated June 23, 2014 No. 15-1/B-724, which provides point-by-point explanations on the procedure for entering information into the declaration. The employer can prepare it independently or seek help from the company that conducted the special assessment at the enterprise.