Greetings, friends! For managers and specialists whose job responsibilities include interaction with the Social Insurance Fund regarding reimbursement of funds spent on labor protection, the following information will be of assistance. The fact is that from January 2, 2020, changes are being made to the Administrative Regulations for the provision by the Social Insurance Fund of the Russian Federation of state services for making decisions on financial support for preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium and resort treatment for workers engaged in work with harmful and (or) dangerous production factors, approved by order of the Ministry of Labor of Russia dated September 2, 2014 No. 598n.
Financial support for preventive measures in 2020 will be carried out in accordance with the changes that were made by order of the Ministry of Labor of Russia dated December 4, 2017 No. 829n. Order No. 829n was registered with the Ministry of Justice and published on the official Internet portal of legal information. As mentioned earlier, changes will come into effect on 01/02/2018. You can download the order of the Ministry of Labor of Russia dated December 4, 2017 No. 829n in MS Word format just below.
So, this order introduces 18 changes to the Administrative Regulations of the FSS. Next, I will give the points of the Administrative Regulations of the FSS in the new edition.
Change #1
Point 5 has been changed. In the new edition it looks like this:
5. On information stands installed in the territorial bodies of the Fund in places accessible for review, on the official websites of the Fund and territorial bodies of the Fund, in the federal state information system “Unified portal of state and municipal services (functions)” the Administrative Regulations and other documents containing information are posted O:
- location of the Foundation's territorial bodies, their email addresses, official website addresses, telephone numbers;
- applicant reception schedule;
- procedure for obtaining consultations;
- the procedure for obtaining public services in the territorial bodies of the Fund;
- the procedure for informing applicants about the progress of providing public services;
- officials responsible for the provision of public services;
- an exhaustive list of documents necessary for the provision of public services, requirements for the execution of these documents, as well as a list of documents that the applicant has the right to submit on his own initiative;
- an exhaustive list of grounds for suspension or refusal to provide public services;
- circle of applicants;
- the period of provision of public services;
- the results of the provision of a public service, the procedure for submitting a document resulting from the provision of a public service;
- the amount of the state duty charged for the provision of a public service, or information about its absence;
- the applicant’s right to pre-trial (out-of-court) appeal against actions (inaction) and decisions taken (implemented) in the course of providing public services;
- information materials containing information about the possibility of applicants participating in assessing the quality of public services on a specialized website (“Your control”) on the Internet, as well as in the personal account of the federal state information system Unified portal of state and municipal services (functions).
Information posted in the federal state information system "Unified portal of state and municipal services (functions)" on the procedure and timing of the provision of public services based on information contained in the federal state information system "Federal register of state and municipal services (functions)" is provided free for the applicant.
Access to information about the timing and procedure for the provision of public services is carried out without the applicant fulfilling any requirements, including without the use of software, the installation of which on the applicant’s technical means requires the conclusion of a license or other agreement with the copyright holder of the software, providing for the collection of fees, registration or authorization of the applicant or provision of personal data.
An application form for financial support for preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium-resort treatment of workers engaged in work with harmful and (or) hazardous production factors, and a sample of its completion.
https://youtu.be/XP5aQDyiB9E
Official portal of the city of Irkutsk
We inform employers of the city of Irkutsk that in accordance with the order of the Ministry of Labor and Social Protection of the Russian Federation dated December 10, 2012 No. 580n “On approval of the Rules for financial support of preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium and resort treatment workers engaged in work with harmful and (or) hazardous production factors" (as amended by orders of the Ministry of Labor of Russia dated August 31, 2018 No. 570n, December 3, 2018 No. 764n) (hereinafter referred to as the Rules), the insurer sends financial support for preventive measures until 20% of the amounts of insurance premiums accrued by him for the previous calendar year, minus expenses incurred in the previous calendar year for the payment of benefits for temporary disability in connection with industrial accidents or occupational diseases and for the payment of vacation of the insured person (in addition to the annual paid leave, established by the legislation of the Russian Federation) for the entire period of his treatment and travel to the place of treatment and back.
It should be noted that the amount of funds allocated for these purposes can be increased to 30% of the amount of insurance contributions for compulsory social insurance against industrial accidents and occupational diseases accrued for the previous calendar year, minus expenses incurred in the previous calendar year for payment of benefits for temporary disability in connection with industrial accidents or occupational diseases and to pay for the leave of the insured person (in excess of the annual paid leave established by the legislation of the Russian Federation) for the entire period of his treatment and travel to the place of treatment and back, subject to the provision of additional the amount of funds for sanatorium and resort treatment of employees no earlier than five years before they reach the age that gives them the right to receive an old-age insurance pension in accordance with pension legislation.
We remind you that in accordance with clause 4 of the Rules, the policyholder submits an application for financial support for preventive measures to the territorial body of the Fund before August 1 of the current calendar year.
Taking into account that every year the largest number of applications and attached documents received by the Irkutsk regional office occurs in the last days of July, which significantly complicates the prompt acceptance and consideration of documents, we kindly request you to consider providing a package of documents regarding financial support for preventive measures before July 1, 2020.
We recommend submitting an application for financial support for preventive measures electronically using the Unified Portal of State and Municipal Services www.gosuslugi.ru.
In connection with the transition from 01.01.2020 of the Irkutsk region to the pilot project “Direct Payments”, from 2020 the payment of expenses for preventive measures is carried out by the policyholder at his own expense, with subsequent reimbursement from the Fund’s budget for expenses incurred by the policyholder within the amount agreed with the territorial body of the Foundation for these purposes.
According to clause 4 of the Regulations on the specifics of reimbursement of expenses of the insurer in 2012 - 2020 for preventive measures to reduce industrial injuries and occupational diseases of workers in the constituent entities of the Russian Federation participating in the implementation of the pilot project approved by Decree of the Government of the Russian Federation of April 21, 2011 No. 294, the insurer applies to the territorial body of the Fund at the place of registration with an application for reimbursement of expenses incurred to pay for preventive measures with the submission of documents confirming the expenses incurred no later than December 15 of the corresponding year. Form
such a statement is approved by the Ministry of Labor and Social Protection of the Russian Federation in agreement with the Fund.
Expenses actually incurred by the policyholder, but not confirmed by documents on the intended use of funds, are not subject to reimbursement.
Consultations on the issue of financial support for preventive measures to reduce industrial injuries and occupational diseases of workers and sanatorium and resort treatment for workers engaged in work with harmful and (or) dangerous production factors can be obtained by calling Branch No. 1 of the State Institution - the Irkutsk Regional Branch of the Social Fund Insurance of the Russian Federation: (3952) 25-96-51, 25-96-64.
Change #2
Paragraph 17 has been changed. In the new edition it looks like this:
17. To provide a public service, the applicant submits to the territorial body of the Fund on paper or in the form of an electronic document through the federal state information system “Unified portal of state and municipal services (functions)” an application for financial support for preventive measures (hereinafter referred to as the application), the form of which is provided Appendix No. 3 to the Administrative Regulations.
preventive action
Financing is carried out in accordance with the Rules approved by Order of the Ministry of Labor of Russia dated December 10, 2012 No. 580n, which have been significantly amended since January 2020.
All insurers, regardless of the form of ownership, type of activity and number of employees, have the right to financial support from insurance premiums for preventive measures on labor protection, if they carried out economic activities in the previous year, explained the FSS branch for the Republic of Mari El.
Financial support for preventive measures from the amounts of insurance premiums for this type of insurance is subject to the insurer's expenses for 12 labor protection measures specified in the Rules. For each event, the Rules define documents justifying the need for these events.
A very significant change has been made to the list of documents submitted with an application for the purchase of personal protective equipment.
Insurance premiums in 2020, as in 2020, include expenses for the purchase of special clothing, special shoes and other personal protective equipment manufactured in the Russian Federation .
But in addition to copies of certificates (declarations) of compliance with the requirements of the technical regulations of the Customs Union “On the safety of personal protective equipment”, with the application it is also necessary to submit copies of conclusions confirming the production of industrial products on the territory of the Russian Federation, issued by the Ministry of Industry and Trade in relation to the PPE selected for financing through insurance premiums .
The conclusion is a mandatory document when submitting an application and, in accordance with Decree of the Government of the Russian Federation dated May 10, 2017 No. 550, is valid for 1 year from the date of its issue. The list of issued conclusions is publicly available on the website of the Ministry of Industry and Trade. The expiration of the validity period of the conclusion is the basis for excluding information about the relevant conclusion from the specified list of issued conclusions.
In addition, when submitting an application, the policyholder will have to indicate the date of manufacture of PPE and their expiration date.
The next change is that in addition to the usual training in labor protection under a 40-hour program, the insurer can train, against insurance premiums, employees of organizations classified as hazardous production facilities in accordance with current legislation. That is, if an organization is included in the register of hazardous production facilities, then it must train certain categories of its employees in a training organization; if the training is carried out off-the-job, then the Social Insurance Fund will be able to accept the costs of their training as insurance premiums.
What amount can an insured expect when applying for financing for preventive measures? There are no changes here.
The amount, as before, is calculated as 20% of the amount of insurance premiums accrued by the policyholder for the billing period minus insurance costs incurred by the policyholder in the billing period. And the billing period can also be either the previous year or 3 previous years.
Insurers who have not applied for measures in the previous 2 years and have up to 100 employees have the right to calculate the amount for the previous 3 years. Such insurers, if they receive permission, spend about six months, and some more, instead of paying insurance premiums, pay for contracts for activities agreed upon with the regional office.
But the amount of financial support in all cases cannot exceed the accrued contributions of the current financial year minus the costs for this type of insurance for insurance coverage.
The entire mechanism of financial support for preventive measures comes down to several main stages:
- submitting an application for financial support for preventive measures with documents justifying the need for financial support before August 1;
- making a decision on financial support within 10 days and sending the policyholder an order of refusal or positive decision with an agreed financial support plan;
- Carrying out preventive measures planned and agreed upon with the regional department by the policyholder;
- submission to the regional office of a report on the financial support of preventive measures with documents confirming the intended use of funds;
- offset of expenses incurred by the insured against insurance premiums for compulsory social insurance against industrial accidents and occupational diseases, reflecting them in the calculation using Form 4-FSS in line 9 of Table 3.
Change #3
Paragraph 19 has been changed. In the new edition it looks like this:
19. Documents (copies of documents) necessary for the provision of public services specified in paragraph 18 of the Administrative Regulations are submitted by the applicant on paper or in the form of an electronic document through the federal state information system “Unified portal of state and municipal services (functions). Copies of documents attached to the application, submitted on paper, must be certified by the seal of the applicant (if there is a seal).
When submitting an application in the form of an electronic document, and copies of the documents specified in paragraph 18 of the Administrative Regulations on paper, the application is signed with a simple electronic signature or an enhanced qualified electronic signature of the applicant in accordance with Federal Law of April 6, 2011 No. 63-FZ “ About electronic signature”, and documents are certified by the applicant’s seal (if there is a seal).
When submitting an application accompanied by copies of the documents specified in paragraph 18 of the Administrative Regulations in the form of an electronic document, only the applicant’s enhanced qualified electronic signature is used. In this case, submission of an application and copies of documents specified in paragraph 18 of the Administrative Regulations on paper is not required.
When submitting notarized copies of documents in the form of an electronic document, the correspondence of the electronic image of the copy of the document to its original must be certified by an enhanced qualified electronic signature of the notary.
Change #4
Paragraph 20 has been changed. In the new edition it looks like this:
20. If a representative of the applicant applies for a public service, then documents proving the identity and powers of the representative are also presented.
When providing the above documents in the form of an electronic document, an enhanced qualified electronic signature of the applicant’s representative is used.
The procedure for using an enhanced qualified signature is determined by the Rules for the use of an enhanced qualified electronic signature when applying for state and municipal services, approved by Decree of the Government of the Russian Federation of August 25, 2012 No. 852.
Change #5
Clause 21 has been changed. In the new wording, it looks like this: 21. Territorial bodies of the Fund do not have the right to:
a) refuse to accept an application or application and copies of documents if they are presented in accordance with the information on the timing and procedure for the provision of public services posted in the federal state information system “Unified portal of state and municipal services (functions)”;
b) refuse to provide a public service if the application or application and copies of documents are submitted in accordance with the information on the timing and procedure for the provision of public services posted in the federal state information system “Unified portal of state and municipal services (functions)”;
c) require the applicant to re-submit the application or application and copies of documents on paper if the application or application and copies of documents are sent in electronic form;
d) when making an appointment through the federal state information system “Unified portal of state and municipal services (functions)”, require the applicant to perform actions other than undergoing identification and authentication in accordance with the regulatory legal acts of the Russian Federation, indicating the purpose of the appointment, and also providing the information necessary to calculate the duration of the time slot that needs to be booked for the appointment.
Change No. 7
Paragraph 49 has been changed. In the new edition it looks like this:
49. Applicants are provided with the opportunity to obtain information about the public service provided on the official website of the territorial body of the Fund and in the federal state information system “Unified portal of state and municipal services (functions)”.
Applicants are provided with the opportunity to carry out using the federal state information system “Unified portal of state and municipal services (functions)”:
— monitoring the progress of providing public services;
— making an appointment to submit an application and documents (copies of documents) necessary for the provision of public services.
The applicant’s appointment for submission of an application and documents (copies of documents) necessary for the provision of public services is carried out through the federal state information system “Unified portal of state and municipal services (functions)” in the form of an electronic request.
The applicant is given the opportunity to register on any date and time available for admission within the established schedule for receiving applicants.
The result of the applicant's appointment is the applicant's receipt of a notification of the appointment indicating the time and date of the appointment;
— assessment of the accessibility and quality of public services.
Change No. 8
Paragraph 55 has been changed. In the new edition it looks like this:
55. The application and copies of documents can be sent to the territorial body of the Fund in the form of an electronic document through the federal state information system “Unified portal of state and municipal services (functions) in the manner prescribed by paragraph 48 of the Administrative Regulations.
When the applicant sends only an application in the form of an electronic document, he is sent an electronic message through the personal account of the federal state information system “Unified Portal of State and Municipal Services (Functions), in which the applicant is notified of the need to submit documents (copies of documents) on paper to the territorial body of the Fund. required for the provision of public services, the time of personal reception of the applicant at the territorial body of the Fund for the submission of documents (copies of documents), as well as the fact that documents are sent via postal services no later than 3 working days from the date of receipt of the electronic message. The application is considered by the official responsible for the provision of the public service only after the applicant has submitted to the territorial body of the Fund the documents (copies of documents) necessary for the provision of the public service on paper.
The nuances of financing preventive measures
When requesting funding, please consider the following:
- Currently, relations in the field of financing preventive measures are regulated by the Regulations approved by Order of the Social Insurance Fund No. 237 of 05/07/2020
- All activities are initially paid for by the employer; the Fund reimburses part of the costs later
- The decision to allocate funds is made within 10 working days from the date of receipt of documents, but only if less than 25,000 rubles in contributions have been transferred over the past year. If the amount of insurance premiums exceeded 25,000 rubles over the past year, then the documents will be approved within 3 days. Then, within 15 days, an order for the allocation of funds is agreed upon. Once the procedure is completed, the order is sent to the policyholder within 3 days. All deadlines are calculated in working days.
Change No. 9
Paragraph 57 has been changed. In the new edition it looks like this:
57. The official responsible for the provision of public services, after receiving an application or application and copies of documents (in the form of an electronic document) or an application and documents submitted in person or sent using postal services, carries out the following actions:
determines the existence of grounds provided for in paragraph 26 of the Administrative Regulations, on which the application and documents are not accepted for consideration;
in the absence of grounds for refusal to accept the application and documents for consideration, registers them within the time limits provided for in paragraphs 33-36 of the Administrative Regulations;
issues (sends) a receipt (notification) about the acceptance and registration of the specified application and documents in person, using postal services, through the personal account of the federal state information system “Unified portal of state and municipal services (functions).
Confirmation of costs for providing preventive measures
By virtue of clause 12 of Rules No. 580n, the institution is obliged to keep records of funds allocated for the financial support of preventive measures for the payment of insurance premiums, and to submit a quarterly report on their use to the territorial body of the Social Insurance Fund.
The recommended form of a report on the use of insurance premiums for compulsory social insurance against industrial accidents and occupational diseases to finance preventive measures to reduce industrial injuries and occupational diseases of workers is given in Letter of the Federal Social Insurance Fund of the Russian Federation dated 07/02/2015 No. 02‑09‑11/16 -10779 (Appendix 2).
Along with the specified report, the insurance institution submits documents confirming the expenses incurred to the territorial body of the Social Insurance Fund.
