A SOUTH declaration to the labor inspectorate is a document with which the employer informs Rostrud that no harmful or dangerous factors have been identified at certain workplaces. This is done after the organization has conducted a special assessment of working conditions. It was proposed to make the report unlimited.
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 dated December 28, 2013 N 426-FZ, 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.
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 February 7, 2014 No. 80n. The latest changes to this procedure were made by order of the Ministry of Labor of Russia dated November 14, 2016 N 642n. The document has many features and nuances.
The SOUT declaration will become unlimited
The government has submitted a bill amending the Federal Law on Special Assessment of Working Conditions to the State Duma for consideration. Officials intend to make the SOUT declaration indefinite.
Now it is valid for 5 years and is automatically extended for another 5 years, provided that no accidents have occurred with the organization’s employees, no occupational diseases have been identified and there are no violations of labor protection requirements (letter of the Ministry of Labor No. 15-1/ОOG-1968 dated 08/30/2019 ). But after 10 years (after the expiration of the general period of validity of the declaration, taking into account the extension), even the most law-abiding employers have the obligation to conduct a special assessment of working conditions again at their own expense. Officials are confident that canceling the validity period of the SOUT declaration, if the conditions and organization of work at previously inspected workplaces are maintained, will reduce bureaucratic pressure and the financial burden on business. When the new procedure comes into force (according to the plan - from 01/01/2021), all existing declarations will become indefinite.
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Who needs to submit the declaration and deadlines
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 1st or 2nd class conditions are included in the declaration. In essence, the employer reports that his employees are comfortable working, for which he gets the opportunity to pay insurance premiums at a reduced rate, and confirms the validity of compensation payments to his employees “for harmfulness”.
The validity period of the SOUT is 5 years from the date of approval of the last report on the implementation of the SOUT. Where and when to submit the declaration on SOUT in 2021 depends on the location of the organization and workplaces and on the date of their special assessment. Typically, the inspection is carried out immediately at all workplaces where it is required.
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Form
Order of the Ministry of Labor of Russia No. 80n dated 02/07/2014 approved the sample and form of the SOUT declaration, the procedure for filling out and submitting. The latest amendments to this algorithm were made by order of the Ministry of Labor of Russia No. 642n dated November 14, 2016.
Why is a declaration needed?
First of all, for the sake of the interests of the budget organization itself. It gains the opportunity to reduce the amount of insurance premiums for personnel for whom acceptable working conditions have been created and who do not work in dangerous or harmful conditions.
But there are specialties that initially belong to the harmful and dangerous categories. And even the most professional manager is unable to reduce the danger of these works. These include, for example:
- miners;
- chemical industry workers;
- high-altitude installers.
For such specialties, the law established additional insurance premium rates of up to 8%. The classification of working conditions is established by the methodology approved by Order of the Ministry of Labor No. 33n dated January 24, 2014. Below is a table with rates of additional payments for injuries.
| Labor conditions | RM class | Tariff, % |
| Optimal | 1 | 0 |
| Acceptable | 2 | 0 |
| Harmful | 3,1 | 2 |
| 3,2 | 4 | |
| 3,3 | 6 | |
| 3,4 | 7 | |
| Dangerous | 4 | 8 |
An enterprise can lower its hazard class if it acquires modern personal protective equipment and improves its tools. Then an unscheduled special assessment is carried out and the hazard class is reduced, for example, from third to second. Fourth grade cannot be downgraded.
How often to declare jobs
If, within 5 years after submitting the declaration, no accident occurred at the workplaces listed in it or the employee did not acquire an occupational disease (this must be determined by a medical commission), the declaration is automatically extended for another 5 years. It is permitted not to carry out special assessments for these workplaces during this period.
If an accident occurs or other reasons appear (they are listed in Article 17 of Law No. 426-FZ), then the declaration to the State Tax Inspectorate after the 2021 special assessment will be canceled, and the organization will have to conduct an unscheduled special assessment.
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 included in the declaration for 5 years.
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 contrary, working conditions continue to comply with established state regulatory requirements and not a single accident (including occupational diseases) has occurred at the work site within 5 years, the validity of the SOUT declaration is extended for another 5 years.
Thus, if the declaration was submitted in 2015, it expires in 2020, but it is automatically extended for another 5 years if no incidents have occurred at the enterprise during these years.
Where to submit the declaration
Federal Law 426 determines where and in what time frame to submit a declaration on SOUT in 2021: the document is sent to the state labor inspectorate to the unit at the place of registration of the organization within 30 working days from the date the employer approved the report. When sending a report to the inspectorate, employers attach a covering letter. It does not have a set form. The letter contains a list of documents that the employer sends to the labor inspectorate.
This is what a sample cover letter for a declaration on SOUT looks like, prepared for sending to the State Tax Inspectorate:
Who submits a declaration for a special assessment of working conditions
This function is assigned to the employer or his authorized representative. The paper is submitted to the labor inspectorate within 30 days from the date the special assessment report is approved. Submission form allowed:
- personal (visiting the state labor inspectorate and handing over documents in person);
- electronic (transmitted digitally on the official website of the Federal Labor Service and must be signed with an electronic digital signature);
- by mail (with inventory and notification of delivery).
The SOUT declaration is submitted electronically on the labor inspectorate website, and in paper form - directly to the inspector. The department is obliged to check the submitted declaration on jobs within a period of up to 10 working days and, if everything is completed correctly, accept and register the document. If the paper contains errors or is missing necessary information, it is returned for revision.
What to include in the document
The document is not submitted in relation to a number of workplaces (even under optimal or acceptable working conditions, taking into account the individual and collective protective equipment used):
- work in which presupposes early assignment of old-age insurance pension payments;
- where upon hiring personnel they are immediately given guarantees and compensation for exposure to harmful or dangerous working conditions;
- where, based on the results of previous certifications, harmful or dangerous working conditions were recorded.
What documents should be sent to the labor inspectorate after approval of the report?
For your information! The final result of the procedure is a list of documents that are compiled and received from an independent company.
Report on labor protection in preschool educational institutions, induction program
Often their list is established by the stages of work performed.
During the declaration process you need to send information regarding:
- the company that conducted the special assessment;
- an exhaustive list of jobs;
- conclusions of an independent qualified expert.
In the case of a complex procedure using specialized devices and calculations, including approval of the relationship to one of the classes, the employer is additionally obliged to transfer:
- special assessment cards - include information regarding the conditions of employment of hired personnel, the guarantees provided, the amount of compensation, influencing factors, regulations on the established working day and rest schedule;
- protocols of analyzes and recorded measurements - contain information about the impact of negative factors on workers;
- protocol of the effectiveness of personal protective equipment used - displays information about the personal protective equipment issued by the employer to hired personnel, including their maximum level of protection from negative impacts. The commission can try them on;
- summary statement of the results of the special assessment - general information about the number of analyzed jobs and the class of employment conditions;
- a complete list of approved measures on the territory of the enterprise in order to increase the level of workplace safety - it indicates what exactly has been done to be able to meet the stated requirements of state standards;
- Commission protocol on the impossibility of conducting an assessment - the need for it arises in the presence of various emergency situations due to which the study is not possible, since there are risks to the health and life of hired personnel.
Important! Documents must be prepared in accordance with the standards of Order of the Ministry of Labor No. 33n.
Information is transmitted to the authorized government agency in strict accordance with established deadlines. If they are ignored, administrative liability in the form of a fine is provided.
Filling Features
The document consists of one sheet. Orders of the Ministry of Labor and letter No. 15-1/B-724 dated June 23, 2014, which explains the main requirements, will help you figure out how to correctly fill out the 2021 SOUT declaration. These include:
- indication of the full or abbreviated name of the enterprise or full name. individual entrepreneur;
- information about the manager;
- indication of the address, as it is given in the statutory documentation, and all the necessary codes (OGRN, INN);
- if data is submitted for workplaces located in a branch of an enterprise that operates without forming a legal entity, indicate the address of the main division of the organization;
- listing the names of positions or specialties of employees whose jobs are declared with the obligatory indication of the codes of these specialties;
- number of employees based on special assessment data (third section of the report);
- individual numbers of workplaces based on information from the SOUT card (can be found in the first column of the list of work places where a special assessment was carried out, the second section of the report);
- marking similar workplaces with the letter A (fourth column of the list of the second section of the report);
- results of SOUT for declared places;
- details of the expert opinion and full name. expert.
This is what a sample form (SOUT declaration) looks like, drawn up in accordance with the requirements:
Entering SNILS into the SOUT card
According to Appendix No. 4 to the Order of the Ministry of Labor dated January 24, 2014 No. 33n (Instructions for filling out the report form based on the results of the SOUT), line 021 of the card indicates information about the SNILS of employees. And nothing else is explained in the Instructions regarding entering SNILS into SOUT cards.
The standard form provides 4 lines for employees’ SNILS. But in reality, there may be much more workers working in this workplace. Besides, some people come, others go. It’s not written anywhere how to fill out the form. Therefore, enter the SNILS number of all employees who are employed at this location. If there are not enough lines, make an addition (by analogy with vacations in personal T-2 cards).
Do I need to submit an updated declaration?
From 05/01/2016, the report to the labor inspectorate on a special assessment of working conditions was allowed to include areas of the enterprise’s activities that correspond to the first and second safety classes. If, based on the results of the implementation of the special assessment system, such specialties are identified at the enterprise, it must clarify the previously submitted information and enter additional data into the paper. For this purpose, the law provides only 30 working days from the date of entry into force of the new requirements, if the organization submitted the initial document before 05/01/2016. That is, the last period ended on June 16, 2016.
IMPORTANT!
Organizations submitting information after this date must enter optimal or acceptable conditions into the document immediately, which is stated in the new edition of Article 11 No. 426-FZ dated December 28, 2013. It follows from this that an example of filling out the 2021 SOUT declaration is no longer needed to clarify the information.
Normative base
Order of the Ministry of Labor of Russia dated January 24, 2014 N 33n “On approval of the Methodology for conducting a special assessment of working conditions, the Classifier of harmful and (or) hazardous production factors, the report form for conducting a special assessment of working conditions and instructions for filling it out.”
Failure to take labor protection measures may result in for the employer:
- a fine of up to 200,000 rubles;
- administrative suspension of production activities for up to 90 days;
- imprisonment for up to 5 years.
Sample of an updated declaration on a special assessment of working conditions
SOUT practice shows that it is required only for harmless and safe places. The number of organizations that could inform the labor department about identifying workplaces where no harmful or dangerous factors were recorded was extremely small. This even applies to office spaces where computer equipment is installed and the level of illumination needs to be assessed. This indicator, coupled with a fixed working posture, did not allow the conditions to be declared as normal. For these reasons, Federal Law No. 136 dated May 1, 2016 was developed, which made it possible to hand over paper to those enterprises that were able to equip optimal and acceptable workplaces for personnel.
