The activities of the commission for conducting sout. What are the requirements for the composition of the commission during the special assessment? Sout results, or why a special assessment of working conditions is needed

Order to conductspecial evaluation working conditions (SUT) and

approval of the work schedule

To organize and conduct a special assessment of working conditions (hereinafter -), in accordance with the requirements< статьи 212 Labor Code Russian Federation dated December 30, 2001 No. 197-FZ (as amended on December 28, 2013) and in accordance with the Federal Law of December 28, 2013 No. No. 426-FZ "On a special assessment of working conditions">

I ORDER:

1. In the period from 12.02.2015. to 15.06.2015 to carry out 119 jobs in accordance with the contract No. 600 dated 19.01.2015. at the enterprise. Proceed to SOUT together with OAU "TsOT".

2. To conduct a special assessment of working conditions, create a commission consisting of:

Commission Chairman:

- director

Deputy Chairman of the Commission:

- Chief Engineer

Commission members:

- chairman of the primary trade union organization

— Deputy Director for Economics and Finance

— Chief Accountant

- head of personnel department

- Head of production and technical department

- Chief legal department

- head of labor protection service

- occupational safety specialist

3. The SUT commissions carry out work on the assessment of jobs in accordance with, given in Appendix 1 to the order. In their work, be guided by the Federal Law of December 28, 2013 No. No. 426-FZ "On a special assessment of working conditions"

4. Appoint the head of the labor protection service as responsible for storing documentation on the SOUT.

5. I reserve control over the implementation of this order.

Annex 1 to the order

Schedule of works on SOUT

Preparatory activities

1. Preparation and approval of the list of workplaces at which the SOUT will be carried out, indicating similar workplaces for the executing organization. Deadline: within 10 working days from the date of issuance of the order to conduct the SOUT. Executor: commission on SOUT.

2. Preparation of information about the work performed at the workplace ( official duties), the composition of production equipment, the raw materials used. Deadline: within 15 working days from the date of issuance of the order to conduct the SOUT. Artist: Leaders structural divisions by belonging.

3. Preparation of information on the provision of guarantees and compensations to employees for hard work, work with harmful and (or) dangerous working conditions (surcharges, free delivery of milk or other equivalent products, organization of therapeutic and preventive nutrition, provision of additional holidays, preferential pension provision holding medical examinations). Deadline: within 10 working days from the date of issuance of the order to conduct the SOUT. Executor: head of OK, chief accountant, head of the OT service.

4. Preparation of information on SNILS for employees employed in workplaces subject to SOUT.
Deadline: within 10 working days from the date of issuance of the order to conduct the SOUT. Implementing partner: chief accountant.

5. Case history occupational injury and the establishment of an occupational disease at workplaces subject to SOUT. Deadline: within 10 working days from the date of issuance of the order to conduct the SOUT. Executor: head of OK, head of OT service.

6. Information about workplaces where, based on the results of an earlier attestation of workplaces or a special assessment of working conditions, harmful or dangerous working conditions have been established. Deadline: within 10 working days from the date of issuance of the order to conduct the SOUT. Executor: head of OK, head of OT service.

Carrying out identification

7. Conducting identification of potentially harmful and (or) dangerous production factors. Deadline: 15.05.2015 Executor: OAU "TsOT".

8. Making decisions based on the results of identification (on conducting research and measurements of identified factors / declaration). Deadline: 06/01/2015 Executor: commission on SOUT.

Conducting research and evaluations

9. Conducting research (measurements) of working conditions factors. Deadline: 01.05.2015 Executor: OAU "TsOT".

10. Classification of working conditions at workplaces according to the degree of harmfulness and (or) danger to classes (subclasses) of working conditions. Deadline: 15.05.2015 Executor: OAU "TsOT".

Report design

11. Drawing up a report on the SOUT. Deadline: 06/01/2015 Executor: OAU "TsOT".

The composition of the commission for SOUT (special assessment of working conditions) is determined by the current labor legislation. About what regulations regulate the issue under consideration and who the evaluation committee consists of, we will describe in the article.

Legal sources about the organization of SOUT

Main legal source according to the procedure we are considering is the Labor Code of the Russian Federation. However, he touches on the topic only superficially, mentioning in general terms that the obligation to organize and finance the assessment of working conditions lies with the employer. The detailed procedure for conducting assessment activities is disclosed by the Law “On the Special Assessment of Working Conditions” dated December 28, 2013 No. 426-FZ (hereinafter - Law No. 426-FZ). It is he who determines the body that conducts the assessment, its competence, work procedure and composition.

According to Art. 9 of Law No. 426-FZ, the management of the audited organization, by order or other order, approves the commission for the SOUT. The same act determines the procedure for the activities of the elected body. The governing document is drawn up in free form or according to the model accepted at the enterprise. All members of the commission must be familiarized with this order under the signature.

The formed body necessarily includes an odd number of members ( best option- 5-7 people). Obviously, this requirement of Law No. 426-FZ contributes to more productive decision-making by the commission, for example, when approving the list of jobs that will be checked.

Don't know your rights?

Who is part of

According to part 2 of Art. 9 of Law No. 426-FZ, as a member commissions for conducting the SATS includes:

employer representatives;
labor protection specialist;
representatives of the trade union organization at the enterprise (if any);
representatives of another elected body of employees (if any).

If the audited organization is classified as a small business by the current legislation and it is not necessary for it to have a labor protection service, then the employer himself individual entrepreneur or leader. It is also possible to include in the composition an independent labor protection specialist hired under a civil law contract or working in an organization. The commission is headed by the head or representative of the employer.

Who does not participate in the commission

The evaluation body does not include representatives of a specialized organization that carries out actual measurements and studies of working conditions at a particular workplace. Such institutions must meet the requirements of Art. 19 of Law No. 426-FZ. In particular, the staff must have a certain number of experts with special education, as well as the presence of laboratories.

Organizations for conducting the SAUT are selected by the decision of the commission and are involved without fail under a civil law contract. At the same time, experts carry out only the technical part of the evaluation process, and also give their recommendations. Invited experts cannot influence the decision of the commission.

If the enterprise does not have a trade union cell or other representative body of workers, then from the side labor collective also no one will be invited. In this case, employees are deprived of the opportunity to defend their interests and rights through their representative, i.e., the commission, regardless of their opinion, will identify harmful zones and factors at the enterprise, as well as assign hazard classes to workplaces. Based on the results of the assessment, the employer is obliged to provide employees with appropriate guarantees and compensation.

Thus the creation commissions for conducting the SATS regulated by only one legal source - Law No. 426-FZ. Concerning Composition of the commission on SOUT, then it is organized by the employer from representatives of the organization and the trade union (or elected) body of workers. There are no special requirements for the competence of members of the commission by law. However, it should be understood that if we are talking about labor protection, then include in the composition of the assessment body better people knowledgeable about safety issues in the workplace.

SOUT is a special assessment of working conditions, which is carried out by an independent licensed organization. Of course, the main functions of the special inspection are carried out by the inspection organization, but the employer forms his own commission before the SUT.

Why do you need a commission for conducting SOUT?

The main functions of this commission are observational and organizational activities during the assessment of working conditions, but this commission also performs a number of other duties, for example: preparation of all documentation related to labor protection, as well as drawing up and approving a schedule of inspections, preparing and providing a list of items jobs (respectively, the All-Russian classifier of professions and positions). One of the sub-functions of the commission is the preparation of compensation documentation for workers with harmful or dangerous working conditions. The Commission is obliged, in accordance with the results of the examination of the SUT, to develop an action plan to improve working conditions.

The commission includes an odd number of participants, represented by representatives from the entrepreneur:

chairman - high-ranking officer firms;
labor protection specialist;
workers' body representatives

THE INSPECTOR OF THE SPECIAL EVALUATION OF WORKING CONDITIONS SHOULD NOT JOIN THE COMMISSION

To conserve resources, many small companies do not bring in labor protection specialists and do not organize a trade union team. It follows that the main duties of the commission for the SOUT are assumed by the entrepreneur. It is possible that these functions are performed by a special organization, which must be accredited and civil contract with the enterprise - outsourcing. For large enterprises this great way save on labor protection, since it is much more profitable to attract a specialist once than to regularly pay wages.

SOUT admits only the managing staff of the company to the commission. Since he is aware of legal niceties enterprises and can be responsible for the legal purity of the examination and calculation of preferential payments. Also, the involvement of full-time medical workers, if any, is welcomed at the enterprise.

The process of selecting the composition of the commission begins with holding a meeting and drawing up a labor protocol on the appointment of members of the commission. The selection process for the commission ends with an internal order of the entrepreneur. Which should reflect the essence of the document, data on those responsible and the timing of implementation.

The Commission plays an organizing role appraisal activity carries out expert organization, involved in the implementation of the SOUT.

Taking into account the requirements of Art. 212 of the Labor Code of the Russian Federation, Art. nine federal law RF dated December 28, 2013, a commission is being created for a special assessment of working conditions. The commission for a special assessment of working conditions is appointed by the employer before the start of a special assessment of working conditions (SAUT). The main functions that it carries out are the organization and conduct of the SOUT together with an accredited organization. The participation of the commission in the process of conducting a special assessment is limited to the organizational and supervisory role, the assessment activity is carried out by an expert organization involved in the special assessment.

The list of duties of the commission for the SUT:

determination of jobs subject to special assessment;
approval of the results of the special assessment (absence or presence of dangerous factors, their class and subclass);
making a decision to conduct measurements (or their impossibility) at the workplace;
decision on the possibility of reducing the class / subclass when using PPE or after carrying out various OHS activities;
approval of the report on the SUT.

Thus, before the assessment, the commission determines which places will be analyzed during the SAUT, monitors the compliance of the experts' actions with the standards. After the completion of the SUT process, the commission approves the results and decides on their further use.

The composition of the commission for a special assessment of working conditions is determined by the Federal Law of the Russian Federation of December 28, 2013 No. 426 - FZ

The commission is appointed by order of the employer. The chairman of the commission is CEO or another high-ranking person of the enterprise, members of the commission - representatives of the employer:

labor protection specialist (see Labor Code of the Russian Federation, article 217);
representatives of the trade union (if any);
representatives of another representative body of employees;
heads of structural divisions, personnel specialists, medical workers, etc.

It is important for employers to take into account that the commission for a special assessment of working conditions should include trained specialists. At the same time, the number of members, including the chairman, must be at least three and odd. If the organization has only one or two employees, the third is paid from the organization entitled to provide services in the field of labor protection. For example, from the Educational Center for Labor Protection on Krestovsky, which conducts training for members of the commission - otot.rf.

Special rules apply for small enterprises (the number of employees in the organization does not exceed 50 people). In such companies, there is usually no such full-time employee as an occupational safety specialist. Then the commission includes an employee who is engaged in labor protection in this organization. According to the Labor Code, it is possible to use an external labor protection specialist under a civil law contract.

If the commission does not have a labor protection specialist, it is considered that the special assessment was carried out with violations. And therefore, its results cannot be applied.

Sample order on the creation of a commission for a special assessment of working conditions.

The Commission is responsible for the results of the SUT and their further application.