Responsibility for the lack of special labor conditions is a sanction for refusal or evasion of a special assessment of working conditions in cases where this is required by law.
On December 31, 2018, the period for conducting a special assessment of working conditions in Russia, established by Federal Law No. 426, ended. In this regard, questions arose: when will they begin to fine for the lack of SOUT? The regulatory authorities are already exercising their powers in full: as of January 1, 2019, Rostrud began fining employers for the lack of a special assessment of working conditions (SOUT). Thus, a fine for the lack of a special assessment of working conditions in 2021 will follow if the employer does not have the results of the special assessment of labor conditions in hand. But some of them will be able to avoid liability if they follow the recommendations of the Russian Ministry of Labor. The clarifications published by the Ministry should help small business organizations and individual entrepreneurs in matters of conducting special assessments. Let's take a closer look at what the Ministry of Labor advises employers so as not to receive fines for the lack of SOUT.
What we check
SOUT is a study of work areas for the presence of factors dangerous to the life and health of a worker or the absence of such factors. The procedure is also designed to improve the quality and timeliness of accrual of approved payments to employees working in high-risk environments.
According to statistics, before the introduction of inspections, the state labor inspectorate received a huge number of citizen complaints related to violations of working conditions. Then, at the end of 2013, the government passed a law introducing mandatory inspection of work areas.
The SOUT structure is designed to protect the rights of employees working in high-risk areas by identifying unscrupulous employers in the Russian Federation who illegally save on payments.
In accordance with Part 3 of Law N 426-FZ, the work areas of all employees are subject to assessment, except for:
- remote;
- home-based (freelancers);
- entered into a relationship with an employer who is not an individual entrepreneur (nannies, or tutors, etc.).
The inspection is carried out once every five years. For this purpose, a special commission is created with the participation of the person responsible for occupational safety at the enterprise, one of the members of the trade union represented by an employee and experts attracted from special specialists. organizations. To carry out the assessment, an order or instruction is drawn up. Based on the results of the inspection, a declaration is filled out, which is sent electronically to the Ministry of Labor database.
Violation of deadlines entails fines for failure to carry out special assessments in 2020. The audit may take place in several stages, but must be completed no later than the end of the year. From January 1, 2021, Rostrud will begin to fine for the lack of SOUT.
Who controls and punishes
The importance of SOS is extremely high and affects the rights of employees, therefore the regulatory authorities have vested broad powers:
- check employers without any obstacles at any time of the day (if you have a certificate);
- request any documents for the purpose of performing the control function;
- seize samples of materials and substances for study, and based on the results, draw up an act;
- send instructions to employers to eliminate identified violations with proposals to punish those responsible;
- draw up protocols on violations, consider cases of administrative violations, send them to law enforcement agencies and the court.
Innovations in the implementation of SOUT
The law on carrying out SOUT came into force in 2014, but the full-fledged electronic system of the Ministry of Labor, where inspection indicators are entered, became operational in 2015. Those who were verified earlier may have been incorrectly reflected in the electronic database or not reflected in it at all.
According to information from the labor inspectorate, fines for the lack of a special assessment of working conditions in 2021 will only apply to those organizations whose inspection is planned this year, or to those organizations where accidents have been recorded. The rest, for whom the results of SOUT have not been recorded in the system since January 1, 2021, will be sent a warning about the need to assess the working conditions of workers six months in advance. But automatic verification will begin in January 2021. Organizations whose inspection information is not included in the Ministry of Labor program will be subject to sanctions. Then the system itself will calculate and distribute fines.
Special assessment of working conditions (SOUT) from January 1, 2021
From January 1, 2021, organizations that do not have time to carry out SOUT will fall under Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation, which threatens a legal entity with a fine of up to 80,000 rubles. Most SMEs have not completed a specific assessment of working conditions by 31 December 2021. What are the consequences? Will everyone be fined or can punishment be avoided? We answer pressing questions.
Starting in 2021, the Ministry of Labor will begin to identify enterprises that have not carried out special assessments using automated inspections. The labor inspectorate will compare the databases of enterprises of the tax service, pension fund and FSIS. Enterprises that have not carried out a special assessment will be sent a warning about the inadmissibility of violating the law and will be given six months to conduct a special assessment. But such a deferment will only be given to organizations whose violations are identified through automated verification.
Penalties for failure to complete verification
Legislatively prescribed in Part 2 of Art. 5.27.1 of the Code of Administrative Offences, fines for SOUT in January 2021 are almost doubled than with the previously valid certification of work areas. It remains to be seen that these sanctions will force enterprises that regularly violate the law to think that it is cheaper to organize an SOUTH system than to get fined due to fraud.
Administrative responsibility
Fines for the lack of SOUT 2021 compared to the previous year remained within the same limits:
- for employees responsible for checking 5 - 10 thousand rubles, or a warning;
- for individual entrepreneurs 5 – 10 thousand rubles;
- for legal entities persons 60 – 80 thousand rubles.
If the inspection is passed, but the reporting data is not submitted on time to the Ministry of Labor, a penalty in the range is also applied:
- for employees responsible for checking 20 - 50 thousand rubles. Or deprivation of powers for 1 – 3 years;
- for individual entrepreneurs 30 – 50 thousand rubles;
- for legal entities persons 100 – 200 thousand rubles.
Criminal liability
If failure to carry out an occupational safety and health system resulted in the death of an employee at the enterprise or the deterioration of his health, then the general director and the occupational safety specialist will be held criminally liable. The Criminal Code of the Russian Federation (Article 143) stipulates the following penalties:
- fine, 400 thousand rubles. and more or up to a year in prison - if significant harm is caused to the health of the employee (Part 1);
- up to 4 years in prison - if the violation resulted in the death of the employee (Part 2);
- up to 5 years in prison - if the violation resulted in the death of 2 or more employees (Part 3).
How to avoid punishment for failure to carry out
A special assessment is not required only for enterprises - individual entrepreneurs, without employees and with outsourced workers, and for new jobs (remember that 12 months are given for their assessment). In addition, for workplaces where no harmful or dangerous conditions have been identified, only a declaration is submitted to the labor inspectorate. By observing these conditions, penalties can be avoided. In addition, it is not recommended to ignore preventive warnings from regulatory authorities.
There are no other special provisions for various groups of enterprises. Thus, the question disappears whether micro-enterprises will be fined for the lack of SOUT: yes, they will, since no benefits have been established for this category of employers.
DEPARTMENT OF CULTURE AND YOUTH POLICY of the municipal district Sharansky district
Failure to carry out special assessment procedures entails administrative liability. For officials and individual entrepreneurs, the amount of the fine will be from 5,000 to 10,000 rubles, for legal entities - from 60,000 to 80,000 rubles.
The territorial department of the Ministry of Family and Labor of the Republic of Belarus for the Tuymazinsky district and the city of Tuymazy reminds that in accordance with the requirements of the Labor Code of the Russian Federation and Federal Law of December 28, 2013 N 426 “On special assessment of working conditions”, all employers are required to ensure a special assessment working conditions (hereinafter referred to as SOUT) at workers’ workplaces until December 31, 2021.
Changes and certification rules for workplaces 2021
Their quantitative or qualitative assessment and assessment of compliance with established standards are carried out.
- An analysis of auxiliary factors is carried out - provision of protective clothing and protective equipment for workers.
- A final document is drawn up that allows one to draw a conclusion about production conditions and, if necessary, determine the types of compensation or benefits.
- objective information about the certifying organization;
- comprehensive assessment card for each workplace;
- summary documents for all workplaces, including a table of hazard classes and assigned types of compensation;
- the final document of the meeting of the certification commission, indicating comments and suggestions based on the results of the completed work;
- an approved action plan to improve working conditions for individual workplaces;
- conclusion based on the state examination of the comprehensive assessment.
Certification of workplaces will be carried out in Russia in 2020
The head of the organization can independently hire authorized persons who will conduct a workplace assessment. Tariffs for these services depend on the harmfulness of the enterprise. For a company without harmful factors, this procedure will cost 500 rubles. Organizations with some harmful components will have to pay 900 rubles. The remaining categories of harmful factors per enterprise will be assessed from 1 thousand 800 rubles to 2 thousand 500 rubles. Also, the amount of the check may depend on the territorial location of the organization. Experts say that in the capital of the Russian Federation, workplace certification can cost up to 20 thousand rubles.
Deputies of the State Duma of the Russian Federation adopted a bill that provides for certification of workplaces throughout the country. This decision is set out in Article No. 426 of the Federal Law of the Russian Federation. The State Duma website describes a document that includes fines and punishments for the absence of this check at an enterprise. The management of the organization should check in advance the accounting reports and the availability of a certificate of harm to the company.
Who does the special assessment apply to?
A special assessment of working conditions is mandatory for all institutions and individual entrepreneurs that have employees, even if only the boss works in the institution.
The following are not subject to SOUT checks:
- Individual employers who do not have individual entrepreneur status.
- Home-based workers who perform work at home.
- Telecommuters working from home or other locations.
Note. If the company's staff works remotely and in the office premises - for those working in the office premises, SOUT is carried out without fail.
In 2021, Rostrud will begin to fine for the lack of SOUT
The employer must arrange and pay for the special assessment. To evaluate jobs, it is necessary to organize a commission from among the company’s employees. In this case, the assessment is carried out by him jointly with a specialized organization involved on the basis of a civil contract. A complete list of accredited companies is available on the Ministry of Labor website akot.rosmintrud.ru. The price of the work depends on the region, the number of employees and the presence of harmful and dangerous factors in the workplace. On average, they charge 500 rubles for an assessment of one office employee’s workplace, and about 1,500 rubles for a workplace in heavy production. Workplaces that a special assessment found to be harmless and non-hazardous must be reported to your labor inspectorate. To do this, draw up a declaration (approved by order of the Ministry of Labor dated 02/07/2014 No. 80n). There you can also fill out a declaration and send it to the inspectorate electronically, provided that the company has an electronic signature. The second option is to send the declaration by mail. You can find out the address of your labor inspectorate on the website trudinspector.ru/regions.
Special assessment: simply about the complex
SOUT is the certification of workplaces where people work for possible hazards and hazards. Based on the results of certification, the class of working conditions is determined.
The legislation provides for 4 classes of working conditions:
- Optimal.
- Acceptable.
- Harmful.
- Dangerous.
The legislation has developed a provision for the company to provide its working personnel with working conditions that are not hazardous to life and health. Practice shows that these standards are not always observed in some institutions due to the irresponsibility of management or for other reasons - in the form of specific production.
The latest changes in the law oblige every employer with working personnel to carry out an inspection of the labor safety standards. If the SOUT is ignored, the employer will have to fork out a large fine.
Assessments are carried out only for occupied jobs. Vacant and home-based places of work are not subject to examination.
SOUT at the company is carried out by a special institution licensed by the Ministry of Labor of the Russian Federation. The essence of carrying out SOUT is to check the presence or absence of production factors that cause harm or constitute a danger. When such factors are identified, examination measures are carried out to detect the level of harm, after which the workplace is assigned a hazard class.
Depending on the assigned class, protective actions, compensation payments to the working person, additional payments from social funds, types of overalls, etc. are assigned.
Upon completion of the inspection, the institution that performed the inspection submits a report to the labor inspectorate. The company that has been audited submits statistical reports on working conditions in Form No. 1-T, displaying the information received from the expert report.
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How often should SOUT be carried out?
SOUT is required to be completed every 5 years. If the working conditions are recognized as complying with state standards, the implementation of the SOUT can be repeated after 10 years.
Note. If an accident occurs at the enterprise, it will be necessary to carry out an extraordinary inspection of the emergency management system.
When creating new workplaces, it is necessary to check the SOUTH only at new workplaces. However, if an additional position is introduced in the state, but the workplace remains the same, certification is not necessary.
SOUT: fines and sanctions
The Code of Administrative Offenses (Code of Administrative Offenses) introduced fines and sanctions for ignoring the requirements of the Special Labor Regulations, which are contained in Article 5.27. Violation of labor and labor protection (OHS) legislation.
The updating of the Criminal Code of the Russian Federation, due to the introduction of special labor regulations, provides for the sanctions set out in Article 143 Violation of labor regulations. According to its provisions, neglect of current labor safety standards by the person responsible for their implementation, resulting in the infliction of serious harm to human health through negligence, presupposes:
Frequency of SOUT
The legal framework of the state obliges organizations to conduct special assessments at least once every 5 years. This applies to scheduled inspections, but in the process of work there may be grounds for an unscheduled assessment necessary to comply with labor protection requirements:
- certification of new jobs;
- obtaining an order from the state labor inspectorate;
- replacement, modernization of equipment, adjustment of the production process;
- accident;
- emergency;
- detection of an occupational disease in an employee.
From the moment one of these reasons arises, the organization is given a period of twelve months to carry out special assessment and assessment.
ATTENTION! If emergency situations arise that concern individual positions and not the enterprise as a whole, it is allowed to conduct an assessment only in relation to them.
Labor inspectors moved from words to deeds
For newly created workplaces by the employer, the period for carrying out special assessments is 12 months. Thus, if a workplace was created, for example, in December 2021, then the deadline for completing a special assessment of working conditions is December 2021.
When submitting the declaration to the State Tax Inspectorate, an unpleasant surprise awaited them. To some extent, the declaration played the role of a confession. When accepting the declaration, labor inspectors handed them summonses requiring them to provide explanations in connection with the violation of the deadlines for conducting a special assessment.
How workplace certification will take place in 2021
- Analysis of production conditions in terms of their compliance with current legislation and established standards depending on the type of product manufactured;
- Test for compliance with general hygiene rules;
- Level of injury hazard at each specific workplace;
- Providing people with work clothes and, where necessary, special protective equipment.
We recommend reading: Article 228 of the Criminal Code of the Russian Federation 2020
Its measures are listed in a number of articles of the Code of Administrative Offenses of the Russian Federation. For example, Article 5.27 states that officials of enterprises may be subject to sanctions in the form of a fine, which can reach up to 5 thousand rubles. In addition, the company itself may be punished with sanctions, the amount of which will reach a limit of 50 thousand rubles.
