Why do we need a register of organizations conducting a special assessment of working conditions?

Currently, the procedure for carrying out a special assessment of working conditions is strictly mandatory for most employers.

1. Special assessment of working conditions (SOUT): register of accredited companies
2. Registry Features

Updated 04/22/2019

Currently, the procedure for carrying out a special assessment of working conditions is strictly mandatory for both micro-enterprises and large corporations. This requirement is established by Federal Law No. 426-FZ dated December 28, 2013 “On special assessment of working conditions.” At the same time, Article 8 of this regulatory legal act states that the implementation of the Specialized Monitoring System must be entrusted to a specialized organization that has the necessary characteristics and meets the requirements established by current legislation. One of these requirements is the need to enter data about it into the register of organizations conducting special assessments.

General requirements for organizations conducting SOUT

Carrying out such a responsible procedure as SOUT can be entrusted only to organizations that meet the established requirements. The characteristics that an organization must have in order to be allowed to conduct special assessments are set out in Art. 19 of the law of December 28, 2013 N 426-FZ “On special assessment of working conditions”:

1. SOUT must be indicated in the constituent documents of the company as one of the types of activities.
2. The organization must have at least five SOUT experts on staff
3. The organization must have a testing laboratory that has passed the accreditation procedure.

The Ministry of Labor enters companies that are authorized to conduct special labor assessments into a special register. It is conducted in accordance with the Decree of the Government of the Russian Federation dated June 30, 2014. No. 599. Let us consider in more detail the procedure for accounting for such companies and maintaining the register.

Special assessment of working conditions (SOUT): register of accredited companies

• Registry Features
• Information to be entered into the register of special assessment of working conditions
• Information provided for inclusion in the register of SOUT organizations
• Requirements for the organization conducting SOUT
• Organizations entitled to conduct special assessments
• Transitional period for carrying out SOUT at enterprises

According to Article 21 of Federal Law No. 426, maintaining a register of organizations for special assessments, that is, those that have the right to carry out special assessments, is the responsibility of the federal government body, which is responsible for regulating and monitoring the situation in the field of labor protection. At the moment, these functions have been transferred in full to the Ministry of Labor and Social Protection of the Russian Federation (Ministry of Labor), which is responsible for maintaining the corresponding state register. At the same time, subparagraph 6 of this article requires posting the necessary information on the Internet, so a specialized resource was chosen as a platform for posting information to be entered into the register of the Ministry of Labor.

Information entered into the register

The register contains the following information about the organizations included in it (clause 13 of resolution No. 599):

1. Name and location. If there are branches and representative offices, information is indicated for each of them.
2. INN, ORGN.
3. Registration number in the register.
4. Date of inclusion in the register.
5. Date and reason for suspension of activities related to carrying out the Special Operations Operations.
6. Date and reason for resumption of activity.
7. Date and reason for exclusion from the register.

Decisions of the Ministry of Labor to include a company in the register, records of suspension, resumption of activities or exclusion from the register are the basis for the company’s admission to conduct special assessment work or for a ban on conducting this activity.

Purposes of the special assessment

Only independent third-party organizations can verify and analyze workplaces at the enterprise. Representatives of an accredited performer of such work inspect the company’s facilities and study the state of the working conditions created by the employer. Obtaining the results of a special assessment allows you to solve several problems at once:

• determine a list of factors that can cause harm to employees when working at production facilities;
• identify the level of negative impact on humans of various production factors and their complex;
• calculation of deviations from standards by indicators and recording of exceeding limits;
• assessment of the effectiveness of the functioning of personal protective equipment, which was purchased by the employer and issued to production facilities to equip workplaces.

Procedure for maintaining the register

Entry of information about a company into the register is carried out on the basis of an application. The application form is not regulated, but it must contain general information about the company and confirmation that the applicant meets the requirements of Art. 19 of Law No. 426-FZ.

The Ministry of Labor reviews the application and makes a decision on inclusion in the register within 20 working days. A decision to refuse may be made if incomplete or incorrect information is provided.

The company’s activities in carrying out special technical assessments may be suspended in the following cases (clause 15 of Resolution No. 599):

1. Bringing an organization to justice in the form of administrative suspension of activities
2. Suspension of accreditation of a testing laboratory.

The Ministry of Labor, having received relevant information from other departments, makes an entry into the register about the suspension of activities within 5 days.

If the reasons for suspension have been eliminated, the organization can send an application to the Ministry of Labor, attaching supporting documents. The department considers the request and within 20 working days makes an entry into the register about the resumption of activities.

An organization may be excluded from the register in the following cases (clause 20 of resolution No. 599):

1. Termination of activities. This is meant as its cessation “in general”, i.e. liquidation or reorganization of the company, as well as termination of activities only in the field of SOUT.
2. Termination of accreditation of a testing laboratory
3. Termination of the SOUT expert certificate if after this the number of full-time experts in the company is less than required by law.

All information in the register is stored indefinitely and is freely available (posted on the website of the Ministry of Labor).

FIND AN ORGANIZATION IN THE SOUTH REGISTER

Procedure for conducting a special assessment

When implementing special assessment activities, the involved experts are required to be guided by the principle of independence and current legislation.

In Law No. 426-FZ in Part 2 of Art. 22 provides an exhaustive list of categories that cannot be authorized to conduct a qualified assessment of working conditions. In particular, these are:

• founders of the company providing objects for assessment;
• interdependent enterprises;
• relatives of the founders of the employer company;
• officials employed in executive authorities and specializing in supervisory activities in the field of labor protection and special assessment.

Assessment does not need to be carried out for the workplaces of remote and home-based employees.

At the preliminary stage of certification, the employer's commission body draws up a list of jobs subject to inspection. Vacant positions are excluded from this list.

How to use the SOUT registry

The use of the federal database for the list of organizations is required to verify the proposal of such a specialized company when conducting an audit. Such a database should help the company's management in identifying a service provider for determining the assessment in accordance with the specifics of production.

The all-Russian list, which is established by the Ministry of Labor, is an effective tool in the process of choosing an organization. Which will carry out verification based on its specialization. Before carrying out the verification procedure, the management of the enterprise enters into an agreement with such a company for services in the field of certification of production sites for the presence of negative or harmful aspects. Moreover, accreditation of such associations in this case is mandatory, since such specialists, in addition to verification, must also train the workers of the institution in safety rules when carrying out their work duties.

Registry search

An entry about any organization entered into the SOUT register is confirmation of its right to carry out activities related to the special assessment of working conditions. In order to find out which organization provides services in the desired region and whether it has the appropriate accreditation, users can use a special search form posted on the website.

You can search using the following parameters:

• Company name;
• TIN;
• OGRN;
• district;
• date of entry into the register;
• date of suspension of activity;
• date of termination of activity;
• status of the organization.

In the register of SOUT experts, you can “drive” the following parameters into the search bar:

• FULL NAME. expert;
• certificate number;
• date of issue of the certificate and expiration date of its validity.

In total, the register includes about 5,000 experts who have the right to conduct special assessments.

List of accredited organizations

The register of SOUT experts, which is determined by the federal government body, is freely available on the body’s information resource. Moreover, each employer can view such a list and check the validity of the declaration in a special section of the official website.

For your information! Such companies create professional associations of institutions in the field of activity, which help each other in the procedure for obtaining permission to operate.

What information does the Ministry of Labor register on SOUT contain?

The Ministry of Labor's SOUT Register contains information about all companies and specialists allowed to conduct assessments depending on the specialization of activities in Russia. A single electronic document allows not only to monitor the effectiveness of the overall activities of such organizations, but also to control the objectivity of the data issued.

For your information! Situations often arise when the management of an enterprise is interested in a report with a certain result, as a result of which the special assessment and the risk identification system itself are carried out in clear violation of federal requirements.

At the same time, at the initial stage of implementing existing legislation, state bodies must, in addition to licensing, train employees of enterprises, and also periodically conduct certification for knowledge of federal legislation.

To study the procedure for transmitting information about the results of a special assessment of working conditions, we turn to Order of the Ministry of Labor of Russia dated July 3, 2014 No. 436n . This information is transmitted by the organization directly conducting such an assessment. Its results are provided within 10 working days from the date of approval of the report on its implementation. Information is sent to the territorial body of the Federal Service for Labor and Employment at the location of the workplaces in respect of which a special assessment of working conditions was carried out, and in the case of an assessment of working conditions at workplaces located on the territory of several constituent entities of the Russian Federation - to the Federal Service for Labor and Employment . The information is also sent to an automated system for analysis and control in the field of labor protection. The transmitted information about the results of a special assessment of working conditions in relation to the employer includes: full name of the organization;

location and place of activity;

TIN, main registration number;

code of the main type of economic activity according to the All-Russian Classifier of Types of Economic Activities;

the total number of workplaces and the number of workplaces where a special assessment of working conditions was carried out;

distribution of jobs by classes (subclasses) of working conditions.

Regarding the workplace:

• his individual number;
• occupational code of the employee or employees employed at this workplace, in accordance with the All-Russian Classifier of Worker Occupations, Employee Positions and Tariff Classes;
• insurance number of the individual personal account of the employee or employees employed at this workplace;
• the number of workers employed at this workplace;
• class (subclass) of working conditions at a given workplace, as well as a class (subclass) of working conditions in relation to each harmful and (or) dangerous production factor, indicating their name, units of measurement, measured values, relevant standards (hygienic standards) of working conditions , the duration of exposure to these harmful and (or) hazardous production factors on the employee;
• the basis for the formation of the employee’s rights to an early retirement pension in old age (if any).

In relation to the organization that conducted the special assessment:

• its full name;
• registration number of the entry in the register of organizations conducting a special assessment of working conditions;
• TIN and main state registration number;
• information about the accreditation of the testing laboratory (center), including the number and validity period of the accreditation certificate;
• information about the experts of the organization that conducted the special assessment of working conditions participating in its implementation, including last name, first name, patronymic, position and registration number of the entry in the register of experts of organizations conducting such assessment;
• information about the measuring instruments used by the testing laboratory (center), including the name of the measuring instrument and its number in the Federal Information Fund for Ensuring the Uniformity of Measurements, the serial number of the measuring instrument, the expiration date of its verification, the date of measurements, the names of the harmful and ( or) hazardous production factors.

Let us assume that the employer, having received the results of a special assessment of working conditions, believes that they are incorrect, inaccurate or unreasonable.
He can submit an application to the Ministry of Labor and Social Protection. The procedure for filing and considering such disagreements is contained in the Appendix to Order of the Ministry of Labor of Russia dated September 22, 2014 No. 652n. Next, we will talk about the rules for considering disagreements on the issues of conducting an examination of the quality of a special assessment of working conditions, disagreement of the employee, trade unions, other representative bodies authorized by employees, employers, their associations, insurers, the territorial body authorized to conduct federal state supervision over compliance with labor legislation, etc. An applicant who does not agree with the results of the assessment, as noted above, submits an application to the Ministry of Labor, indicating:

• name of the applicant (for legal entities), last name, first name, patronymic (if any) (for individuals);
• your postal address, email address (if available);
• reasons on the basis of which he disagrees with the conclusion.

A copy of the conclusion of the state examination of working conditions is attached to the application. If there is a need to review documents on the basis of which the state examination of working conditions was carried out, copies of such documents may be requested by the Ministry of Labor, including through the use of the interdepartmental electronic interaction system. The application and the documents attached to it can be submitted to the Ministry of Labor on paper by the applicant personally or sent by registered mail with return receipt requested or in the form of electronic document management via the Internet, including using the Unified Government Services Portal www.gosuslugi.ru. When generating an application electronically, it must be signed with an electronic signature. The following may serve as grounds for refusal to consider an application:

• submission by the applicant of forged documents or documents containing deliberately false information;
• lack of information required in the application initially;
• absence of a copy of the conclusion of the state examination of working conditions.

The ministry has no right to refuse on other grounds, only on those listed. If there are still grounds for refusing to consider the application, it is returned to the applicant within seven working days from the date of registration. After eliminating the circumstances that became the basis for the refusal (lack of any documents or information), the applicant has the right to send it again. If it is necessary to conduct research (tests) and measurements of harmful and (or) dangerous factors in the working environment and the labor process at the employer’s workplaces, in respect of which a state examination of working conditions has been carried out in order to assess the quality of a special assessment of working conditions, such research (tests) and measurements are organized by the Ministry of Labor itself at the expense of the federal budget.