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Accounting for the results of a special assessment of working conditions. Labor-Expert.Management Information system for recording the results of sout

Ministry of Labor: the practice of applying legislation on a special assessment of working conditions

With the introduction of the FSIS, the Ministry of Labor began to act even more harshly. The activities of organizations conducting the SATS, which at the beginning of the current year were not registered in the system, did not have a certificate of the electronic signature verification key and, accordingly, could not transfer data to the FSIS, were suspended.

With the introduction of the FSIS, the Ministry of Labor began to act even more harshly. The activities of organizations conducting the SAUT, which at the beginning of the current year were not registered in the system, did not have a certificate of the electronic signature verification key and, accordingly, could not transfer data to the FSIS, were suspended



Valery Anatolievich KORZH,
Director of the Department of conditions and labor protection of the Ministry of Labor of Russia

Special assessment of working conditions (SOUT) in Russian Federation valid for over two years. Almost all necessary laws and regulations have been adopted. An exception is the specifics of conducting the SATS at the workplaces of flight and cabin crew members. aircraft civil aviation. This document is currently in the process of approval. But his absence, as they say, does not make the weather, and in general regulation Institute of SOUT today is not just formed, but is actively used.

There was also a market of organizations conducting SOUT.



Rice. 1. Distribution of organizations providing services in the field
labor protection, federal districts

After the entry into force of Law No. 426-FZ, the number of organizations that have the right to conduct SOUT has decreased. As of January 1, 2014, 957 organizations had it. The reasons for the reduction are different. Some have expired the relevant permits, others have decided to leave the market voluntarily.


CHALLENGES IN TRANSITION


Despite the fact that Law No. 426-FZ has been in force for almost two years, there is some misunderstanding in the professional community of its individual provisions. Often this is due to the law. transition period. Let's talk about this in detail.


Organizations accredited in the manner that were in force before the date of entry into force of this Law, as providers of automated workplace services, may carry out SATS until the expiration of the certificates of accreditation of testing laboratories (centers) of these organizations available on the day of entry into force of the Law, but no later than 31 December 2018 inclusive (Article 27 of Law No. 426-FZ). The key words here are "available as of the date of entry into force". This means that after January 1, 2014, these organizations, of course, could apply to the relevant voluntary accreditation systems for an extension of the validity of the accreditation certificate of their testing laboratories (centers). But in fact, getting into the new Register is possible only if the accreditation certificate of the testing laboratory (center) is issued by the national accreditation body in accordance with federal law dated December 28, 2013 No. 412-FZ “On accreditation in the national accreditation system”. Such a national accreditation body is currently Rosakkreditatsiya. The form of the accreditation certificate was approved by the order of the Ministry of Economic Development of Russia dated May 26, 2014 No. 295.

​ No tearful requests to “enter the position” and “as an exception” to enter into the Register an organization that has not received an accreditation certificate under the new rules on time will not be accepted. There is no accreditation certificate - there is no legal basis for inclusion in the Register, and hence the right to provide services for the conduct of SATS.


Therefore, for almost three more years, organizations accredited to conduct automated workplaces, if their certificate of accreditation of the testing laboratory (center) has not expired, are entitled to carry out SOUT by virtue of the transitional provisions of Law No. 426-FZ. If they want to continue working in the future, it is important to know the expiration date of their permits and prepare in advance for the procedure for obtaining a new certificate already at Rosaccreditation.

Today, the Ministry of Labor of Russia is often contacted by organizations whose testing laboratories (centers) have an accreditation certificate that expires in a week, but they just came to their senses and submitted an application to Rosaccreditation. Our colleagues from the Federal Accreditation Service have very clear procedures and rather long deadlines. It's impossible to get through a week.

At our request, state labor inspectorates will pay special attention to the accreditation certificates of testing laboratories (centers) of organizations conducting SUT, primarily voluntary accreditation systems, extended after January 1, 2014.

Organizations conducting SOUT are required to know the validity period of their accreditation certificate and study the regulatory framework in order to apply to Rosakkreditatsiya in advance in accordance with it.

Law No. 426-FZ defines a closed list of harmful and (or) dangerous factors of the working environment and the labor process, which must be measured and evaluated by their own testing laboratory (center). A number of production factors (energy exposure of laser radiation, radioactive contamination of industrial premises, etc.) can be outsourced by involving a third-party testing laboratory (center).


But this does not apply to most of the production factors to be researched (tested) and measured. They must be reflected in the field of accreditation of the accreditation certificate of the testing laboratory (center), which is part of the organization conducting the SUT. Therefore, the Ministry of Labor of Russia, considering applications for inclusion in the Register, focuses on Art. 19 of Law No. 426-FZ. There are requirements for organizations conducting SOUT. We very carefully compare the scope of accreditation of the accreditation certificate received by the testing laboratory (center) with the requirements of Law No. 426-FZ.

The mere fact of obtaining an accreditation certificate from Rosaccreditation is not enough to be included in the Register: the scope of accreditation must fully comply with Law No. 426-FZ.


The unconditional requirement of Law No. 426-FZ for organizations included in the Register is that they have at least five experts certified by the Ministry of Labor of Russia. One of them must have higher education by specialty a doctor of general hygiene, occupational health or a doctor in sanitary and hygienic laboratory research. In organizations operating in the SOUT market due to the transitional provisions of Law No. 426-FZ, it is necessary to secure the status of experts to five of their employees by a local act. Only organizations whose testing laboratories (centers) have been accredited by the Federal Accreditation Service and have at least five certified experts (which means they have complied with the “two keys” principle) will be able to enter the Register.

Let's talk about the expert community. Attestation tests of persons applying for an expert certificate for the right to perform work on the SOUT have been carried out by the Ministry of Labor of Russia since October 1, 2014. During this time, 4506 applications were received. The percentage of "refusals" about the candidate's admission to the certification test (it is carried out in the form of remote testing) is not high - less than 10%. 4165 applicants were admitted to the attestation test. 3007 people were recognized as experts, 399 applicants were denied certificates based on the results of remote testing (Fig. 2). These so-called representatives of the professional community, having three free attempts, failed to “master” 40 test questions over the course of a month. It was enough to correctly answer 36 of them, the correct answer is selected from several options proposed by the system, and this greatly simplifies the task.


Rice. 2. Distribution of applicants and experts by federal districts


What is interesting: the program that is used for the certification test of experts allows not only to answer questions main question“passed or not passed?”, but also to make analytical samples. For example, it can be used to find out which blocks of questions have the highest and lowest percentage of correct answers.

I was very surprised to learn that the maximum number of incorrect answers related to the general questions of the SOUT. It turns out that "narrow" specialists are well versed in "narrow" problems, but "swim" in general organizational issues, clearly regulated by Law No. 426-FZ. This is food for thought both for those who send their experts to certification tests, and for supervisory and executive bodies.

Speaking about the competence of experts, I want to note the following paradoxical circumstance: there is not a single certified expert in the Department of Labor Conditions and Labor Protection of the Russian Ministry of Labor today. I dare say, and will not, because it is fraught with a conflict of interest. Nevertheless, some practicing experts manage to ask our department seven elementary questions a week: how to carry out an SOUT at the foreman's workplace, how to measure the noise level, etc.? We cannot and will not take action against citizens who ask us questions too actively. But we will definitely summarize this information and ask Rostrud, in the course of planned control and supervision activities, to pay increased attention to organizations whose experts conduct SAUT with the help of our department.

In general, I must warn representatives of the professional community: the SOUT market is under vigilant control.


An expert is a unique, competent specialist. He confirmed this fact by passing the certification test and receiving a certificate. In his work, he must be guided by the existing regulatory framework (as I said, fully formed). If the expert finds essential problems and contradictions in it, let him point them out to us, but do not ask us to solve specific tasks when conducting the SOUT for him.

Rosakkreditatsiya informs us, among other things, about the suspension of accreditation certificates. And this means the automatic suspension of the activities of the organization conducting the SATS.


Will be set up in the near future electronic services, and we will exchange the necessary information with the Federal Accreditation Service practically in online mode.

INFORMATION SYSTEM OF ACCOUNTING

On January 1, 2016, the Federal State Information System for Recording the Results of a Special Assessment of Working Conditions (hereinafter referred to as FSIS) was launched. Organizations conducting SUT are obliged to transfer the results of the assessment to this system. This is not some new "invention". Already operating Automated system analysis and control in the field of labor protection (hereinafter - AS AKOT), by order of the Ministry of Labor of Russia dated November 26, 2015 No. 897, from the beginning of 2016, it was renamed into FSIS.

At one time, AS AKOT combined several information resources maintained by the Ministry of Labor of Russia. FSIS, along with information from AS AKOT, will contain data from Rostrud on the results of its control and supervision measures, as well as information from the executive authorities of the constituent entities of the Russian Federation on the results of the state examination of working conditions. The main interest is the examination of the quality of the SOUT. In the future, we plan to synchronize FSIS with PFR systems in order to keep individual (personalized) records of employees, linking the state of working conditions at their workplaces with the guarantees provided for by pension legislation. Next in line is integration with the systems of the FSS of Russia and Rospotrebnadzor (Fig. 3).




Rice. 3. Informatization in the field of labor protection

During the work of AS AKOT, the Ministry of Labor of Russia and its developers received a lot of complaints from organizations conducting SAUT about alleged failures in the transmission of information. Checks showed that, as a rule, all these are excuses in order to justify their inaction on the transfer of data. And there was plenty of time for this - a year and a half. Let me remind you that the temporary Procedure for the transfer of information on the results of a special assessment of working conditions was adopted by order of the Ministry of Labor of Russia dated 03.07.2014 No. 436n (hereinafter - Order No. 436n) and was applied until the entry into force on January 1, 2016 of the order of the Ministry of Labor of Russia dated 03.11 .2015 No. 843n, which approved the Procedure for the formation, storage and use of information contained in the Federal State Information System for Accounting for the Results of a Special Assessment of Working Conditions.

We have repeatedly sent letters to all concerned, in which we explained how to connect to AS AKOT, receive qualified certificate e-signature verification key, transfer information, attach already generated files, how to enter information manually, etc. However, the work on the transfer of information was neither shaky nor rolls. And only after in October last year we informed Rostrud about gross violation by a number of organizations conducting SOUT, the norms of Law No. 426-FZ and Order No. 436n, things finally got off the ground. In October 2015, the organizations became more active, and the process rapidly began to gain momentum both in terms of the information on the results of the SATC transferred to AS AKOT, and in terms of submitting applications and obtaining certificates of electronic signature verification keys.

Information about the availability of the organizations conducting the SATS, access to AS AKOT and the dynamics of receipt of information about the results of the SATS is presented in Table. 12.

Table 1. Access of organizations conducting SATS,in AS AKOT(as of December 7, 2015)

Status
Organizations included in the Register of accredited organizations providing services in the field of labor protection
Organizations included in the Register of organizations conducting a special assessment of working conditions Total
Key certificate received 408 71 479
No access to AS AKOT 218 90 308
Total 626 161 787


Table 2. Dynamics of receipt of information aboutthe results of the SOUT in August - November 2015

Year Month
Organizations conducting SOUT
Employers Reports on the implementation of the SATS Workplaces Employees
2015 August 1 2 2 0 0
September 3 25 25 262 388
October 40 674 1243 63 871 125 113
November 144 3197 3505 80 515 120 171
Total 4775 144 648 245 672

It is bad that the organizations conducting the SOUT did not hear our calm notifications that it is necessary to connect to AS AKOT. They realized it only after the visit of the state labor inspectorate and the threat to pay a real fine. Even after that, not all organizations connected to the system.

With the introduction of the FSIS, we began to act even more rigorously. The activities of organizations conducting the SAUT, which at the beginning of the current year were not registered in the system, did not have a certificate of the electronic signature verification key and, accordingly, could not transfer data to the FSIS, were suspended.


Organizations conducting SATS are required to upload to the FSIS not only fresh data, but also all the results of the SATS, received from the date of entry into force of Order No. 436n. Rostrud has been notified of this and will act. If it is not possible to work as planned, then we will work in a rush mode.

If there are real problems when transferring data to FSIS, you can use a special hotline. There, developers answer questions from users. If using the service technical support result not achieved, please contact email our department.

By the middle of the year, we plan to receive a corresponding order from the Government of the Russian Federation in order to once again organize a large-scale verification of the transfer of information to the FSIS.

Why do we generally pay so much attention to the SOUT procedure? Because the state and employers have a lot of social obligations that follow from it. These are early pensions, and guarantees and compensations for work in harmful and (or) dangerous working conditions, and discounts and premiums to the insurance rate for compulsory insurance against industrial accidents and occupational diseases. The results of the SAUT directly affect the accumulated social rights of workers, their most important right - the right to work in safe working conditions. That is why serious administrative liability for violations in this area has been introduced, and why we are so closely monitoring the development and regulation of this market.

Let me emphasize once again: the executive authorities, the Ministry of Labor of Russia, Rostrud, the labor authorities of the constituent entities of the Russian Federation - we will all closely monitor how the SOUT is carried out. And what we are doing should not be treated as a one-time campaign. This is a systematic work to restore order in the SOUT market, improve the quality and efficiency of the assessment. I assure you that control, monitoring and response measures will be carried out on an ongoing basis.

The implementation of a special assessment of working conditions (SOUT) is strictly controlled by law at all stages, including the application of its results. That is why reporting on the results of work on the SOUT is transferred not only to the customer company, but also to government departments. We are talking about providing such information to the information base, accumulating the results of the assessment at all types of enterprises.

The procedure for accounting for information on the SOUT

The federal information system for recording the results of the SAUT is a specialized information base. It includes the full amount of information about each special assessment procedure performed on the territory of our country in accordance with the requirements 426-FZ. The key conditions for the functioning of the system are given in Art. 18 of this regulation.

This Section 426-FZ regulates the scope and nature of the information provided to the system. It should reflect all the necessary data for the following information sections:

  • data on the employer acting as the customer of the SOUT procedure;
  • data on jobs that have undergone an assessment procedure;
  • data on the company that acted as the contractor for the special assessment.

Transferring data to the system

According to the current procedure for the functioning of the information system for the SUT, maintaining such information resource handled by the Ministry of Labor of the Russian Federation. 426-FZ defines the distribution of responsibilities for the transfer of information on a special assessment of working conditions to the territorial body of the ministry. So, Thu. 18 establishes that, in the general case, it is assigned to the company that carried out the special assessment work. Transferring data to the system is a mandatory step in the provision of services.

Articles 4 and 5 determine the procedure for the participants in the process, if for any reason the performance of these duties by the executor is impossible. In such a situation, data on the work performed is transferred to the system by the employer who ordered the service. The difference of this mechanism lies in the fact that the contractor transmits the data directly to the Ministry of Labor. The customer must send them to the state labor inspectorate, from where they will go to the information base for recording the results of work on the SOUT. In all cases, participants in the procedure must respect the confidentiality of information.

Due to the fact that the information about the unloading for FSIS SOUT occupy a significant amount of data, it was not possible to find an effective solution for integrating this mode into the Certification-5.1 program (in MS Word). A significant amount of data uploaded to a MS Word document leads to noticeable performance problems when viewing a document and has inconvenient access to content when viewing materials.

Due With this in mind, it was decided to create a separate program (utility) for viewing information from the export file for FSIS SOUT (AKOT). P The program allows you to view information by sections:

  • general information about the export file;
  • certifying organization;
  • laboratory;
  • employer;
  • list of jobs;
  • workplaces;
  • factors.

Composition and installation of software.

The XML viewer for FSIS SOUT includes only one working file named " akot_reader.exe". An additional requirement for the system is the presence of the ".NET 4 Framework Client Profile" software platform. This platform is preinstalled for Windows 8, 10 and is usually already included in the updated Windows 7. For Windows XP, a mandatory additional installation of the environment will be required ".NET 4 Framework Client Profile" if it was not previously installed.

There are 2 options for downloading:

  • akot_reader file for self-deployment;
  • distribution kit (setup) for automatic deployment and integration into the Start-Programs menu.

For self-deployment, you need to copy the fileakot_reader to any folder ( for example , to the desktop) and launch the program by opening the akot_reader file (or a self-created shortcut to this file). To run, you need a pre-installedsoftware platform ".NET 4 Framework Client Profile".

The advantage of deployment using a distribution (setup) is that it automatically checks for .NET installed. If platform".NET 4 Framework Client Profile" was not found, prerequisites are automatically downloaded and installed. In this connection, Internet access is required to install the distribution kit. Before installing the distribution, you must fully extract the contents of the archive. The distribution includes a setup file, file akot_reader and the Application Files folder. At the time of installation, you must have access to all components of the distribution.

The distribution kit is installed using ClickOnce technology, the result will be the installation of a shortcut in the Programs folder - a subfolder website, as shown in the picture (the picture shows the shortcut in the START menu for win 7, for other OS there may be slight differences in appearance).

One of advantages of using a distribution kit by technology ClickOnce is the ability to automatically update the software before launch. At the time of software launch, a connection is established with the site site in order to determine the presence latest version program, this is expressed by the presence of a window, as shown in the figure.

When this window is displayed, versions are controlled on the site site and, if necessary, a request to install a new version. Accordingly, launching the application to be able to control the new version will require access to the Internet.

Terms of Use.

There are no restrictions on the use of the "XML Viewer for FSIS SOUT" program, it is possible to transfer it to third parties without additional agreement with the developer.

Download links

Distribution kit of the program (in the archive);

Possible installation problems (for advanced users and system administrators).

1. Blocking during installation and launch of the application by anti-virus software is possible. In this case, you will need to configure exclusions for the installation directory in the settings of the anti-virus software you are using.

2. To configure the application installation directory in the anti-virus exclusions, additional steps will be required to determine the path to the installation directory. For applications deployed by technology ClickOnce does not know in advance where work files are stored. In this regard, there are certain inconveniences for determining the installation directory and the following procedure may be required:

  • run the program;
  • go to the task manager (tab "Processes");
  • go to the folder as shown in the picture.

The specified folder (after step number 3) will correspond to the akot_reader installation directory in ClickOnce deployment mode. If necessary, this path is included in the list of exceptions for anti-virus software.

Program launch.

The software interface should not cause difficulties in use, after opening, you need to select the export file generated by the program, as shown in the figure.

By default, it is possible to open files with the XML extension, but it is also possible to open SOUT files.

Feedback.

Send suggestions and comments to [email protected] All suggestions and comments will be considered by the developer for the possibility of inclusion in the next update of the program.

When choosing an organization that will assess working conditions to identify hazards, the employer must understand that Not all companies have the right to conduct such an examination.. To do this, a register of organizations was created at the official level, which is regulated by the state.

Legislative acts

All the main regulatory provisions for the evaluation of labor are displayed in Labor Code Russian Federation. In addition to these norms, a law was adopted in an additional manner, where all the nuances of the conduct and results are considered in more detail (12.28.13 No. 426-FZ).

The Ministry of Labor, in turn, approved Order No. 33n, which regulated several documents:

  • methodology for conducting the assessment;
  • classification of hazardous production factors;
  • the form for compiling a report for the assessment;
  • detailed instructions for completing this form.

Why do you need a register of SOUT

This registry is necessary to facilitate the search for companies or professionals who provide SOUT services. It will help in checking the organization to determine if it is authorized to provide such services.

It is legally established that enterprises that have places for employees must authorize a special assessment of working conditions with a frequency once every five years.

It is also regulated that this process cannot be carried out on its own. For this you need formally apply to the organization, which is engaged in the provision of such services and has the right to do so. She, in turn, is constantly controlled by the state.

Accounting for all enterprises involved in SOUT is carried out in the register on the website of the Ministry of Labor rosmintrud.ru. On it you can get acquainted in detail with the presented list of companies that conduct SOUT. In addition, it will be possible to find out the register of accredited enterprises specializing in labor protection.

How to use

After the transition to the official website of the Ministry of Labor is completed, you need to:

  1. Enter the criteria for searching for the required company (specialist). If known, the name of the enterprise, its TIN or number in the register. To search, enter the required value in the appropriate field, then click "FIND".
  2. Conduct an inspection in the register of all companies and experts that provide SOUT services. To do this, you need to go down the page and read the list of organizations accordingly. Although it is worth noting that this method is very uncomfortable due to the almost endless scrolling in search of the necessary company. In addition, it is possible to download a list of all organizations in Excel format. To do this, click on the "Export to csv" button.
  3. Familiarize yourself with companies that are registered in the desired region of the Russian Federation. To do this, you need to scroll down the page to the "Subject" field. Then select the desired region and click the "FIND" button. This method is extremely convenient, as it will allow you to find organizations in the selected area closer to the location of the enterprise.

What information does

According to Decree of the Government of the Russian Federation dated 06/30/14 No. 599, the register of organizations involved in SOUT must be entered the following information:

As a rule, the database of SOUT specialists is entered a series of the following data:

  • Full name of the specialist;
  • information about the certificate of a specialist;
  • field of work;
  • the date of termination of the certificate issued to the SUT specialist.

Requirements for organizations

This provision is regulated by Decree No. 599, according to which organizations are placed in the accredited register of companies for labor protection a number of requirements:

  1. The organization must have a special laboratory that has official accreditation.
  2. The company must employ at least five specialists who have been certified and can conduct SOUT. At the same time, an employment contract must be signed with each specialist. In addition, one of the experts must have a higher medical education (specialization in occupational health).

The register of SOUT specialists displays persons who meet the following requirements:

  1. The specialist must have a higher education.
  2. In the absence of specialized education, the specialist is obliged to have documents confirming advanced training in educational institutions with a program that lasts at least three days.
  3. The specialist must have at least three years of experience in the field of labor protection, this includes experience in the SOUT.

Order of conduct

Inspection of working conditions in enterprises is carried out, as a rule, in in a strictly regulated manner:

  1. Identification of potentially harmful and dangerous production factors.
  2. Conducting studies of identified factors (laboratory tests, measurements, etc.).
  3. Setting the hazard class.
  4. Summarizing and presenting results.

A protocol on the studies and measurements carried out must be drawn up for each identified hazard, after which the report is signed by all members of the special commission and certified by its chairman.

If at least one member of the commission does not agree with the results, he can put his opinion in writing and attach it to the report.

Expert level assessment results

According to the results of the audit, the company that conducted the peer review, is obliged to designate classes of current conditions. At the moment there are only four classes:

  1. Optimal (the smallest level of exposure to harmful factors).
  2. Valid.
  3. Harmful.
  4. Dangerous.

The employer must organize the familiarization of employees with the report of the SOUT commission at their places of work, against personal signature within 30 calendar days. This period does not include the period of temporary disability of a specialist, vacation and business trip.

After that, the data obtained as a result of the verification of the SOUT, according to legislative norms, must be transferred to Federal State Accounting Information System.

In turn, the organization that conducted the SOUT within 10 calendar days from the moment the report is certified, it must also submit it to the relevant Federal database. The report must be sent to in electronic format with certified certified electronic signature leader.

Verification of documents and conclusion of an agreement

All responsibility for the timely SOUT in the organization rests with the employer.

The full set of documentation required to check the SOUT is set on an individual basis and largely depends on the characteristics of the company. Legislated minimum list of documents needed for the commission.

The process of preparing documentation for the SUT occurs during the organizational stage. Before concluding an agreement with an enterprise that will be engaged in verification in an organization, the employer must:

  1. Establish a commission on SOUT.
  2. Confirm the composition of this commission.
  3. Develop a work schedule.

Documentation required for laboratories to conduct SUT:

  • company details;
  • order to create a commission;
  • SNILS employees;
  • staffing to certify the list of jobs;
  • a number of industry documents.

Additionally, you may need:

  • job descriptions of employees;
  • safety record log.

You can learn how to conduct a SOUT at the expense of the FSS from this video.