Why is there no declaration accepted by the GIT in the register of declarations of the SOUT of Rostrud (declaration.rostrud.ru)?

• What is the need for a special assessment declaration?
• How often should I take it?
• What are the consequences if you don't file?
• Where to submit the declaration?
• Who has the right to submit a declaration under the SOUT?
• What to write in the document?
• Filling Features
• Do I need to submit an amended declaration?
• Sample of a blank declaration form for a special assessment of working conditions
• Sample of a completed declaration form for a special assessment of working conditions
• Sample cover letter to GIT

Each organization or individual entrepreneur who has hired employees through an employment contract has an obligation to regularly submit reports on special assessments. As a result of organizing the SOUT, a declaration is drawn up, which must be submitted to the territorial labor inspectorate. The procedure and features of this process will be disclosed in this article. The legal basis for the procedure is Federal Law No. 426 of December 28, 2013. Order of the Ministry of Labor of Russia No. 80n dated February 7, 2014 details the standard form of the declaration and the features of its content. The latest legislative amendments to the procedure for preparing and submitting a declaration under the SOUT were introduced in 2020 on the basis of Order of the Ministry of Labor No. 642n.

What is the need for a special assessment declaration?

The need to draw up a declaration on a special assessment of working conditions is mainly based on the interests of the organization itself. If acceptable working conditions are created for employees, the employer has the right to pay insurance premiums at a reduced rate. However, this only applies to positions without dangerous and harmful working conditions. And for specific types of work with a high level of injuries and health risks (for example, workers in mines and metallurgical industry enterprises), the legislator additionally established a tariff scale for insurance premiums of up to 8 percent.

Order of the Ministry of Labor No. 33n regulates in detail the methodology for calculating classes of working conditions.

By improving conditions in the workplace and increasing labor safety for employees, the organization can count on lowering the hazard class. An unscheduled SOUT will act as a legal basis for reducing the percentage of tariffs for insurance premiums. The legislation allows for a change from the third class (harmful conditions) to the first or second (permissible and optimal conditions), but it is impossible to lower the fourth class.

To properly monitor the implementation of labor protection requirements by employing organizations and individual entrepreneurs, Rostrud maintains a register of declarations of compliance of working conditions with state regulatory labor protection requirements. Received declaration information is entered into the register within 15 days. Anyone can view this information on the Rostrud website.

Why do you need a SOUT declaration?

First of all, to reduce the amount of insurance premiums for workers who do not work in dangerous or harmful conditions.
In addition, employees working in safe conditions do not have to be paid extra for hazardous work. This does not mean that you should save on your employees. This means that it is necessary to create jobs that comply with government regulations. In this case, both the employees are healthy and it is easier for the employer financially.

Nevertheless, there are positions that are initially included in the lists of harmful or dangerous (for example, everyone who works underground), and no matter how you look at it, nothing can be done about it.

For these works, additional insurance premium rates have been established, which can be up to 8 percent (hazardous working conditions).

Table of additional insurance premium rates

* The establishment of classes of working conditions is determined by the Methodology approved by Order of the Ministry of Labor dated January 24, 2014 No. 33n.

But you can purchase and issue new and modern personal and collective protective equipment to employees, conduct an unscheduled special assessment and reduce the hazard class (legislation allows this, with the exception of class 4, this class is not reduced), and therefore the amount of deductions will decrease and will not be 7 ( hazard class 3.4), and, say, 2 percent (hazard class 3.1).

Therefore, job evaluation is an activity required not only by law, but also for economic reasons.

How often should I take it?

For filing a declaration, Order No. 80n of the Ministry of Labor defines a period of 30 working days, which begins from the moment the report is approved. To avoid penalties, it is recommended that you strictly adhere to these time limits. The territorial labor inspectorate considers the submitted data based on the results of the special labor inspection within 10 working days, then makes a decision on accepting the documents or refusing to accept them. If the form and content of the declaration does not comply with legal requirements, it is returned for revision.

A correctly drawn up special assessment declaration has legal force for 5 years. If no accident occurs at the specified workplaces or the employee does not suffer from an occupational disease, the validity of the declaration will automatically be extended for 5 years. There is no need to conduct a special assessment in this situation. But even a single fact of an accident at the workplace is grounds for canceling the declaration and assigning an unscheduled special safety assessment at this workplace.

In what cases may the labor inspectorate not accept a declaration on labor safety standards?

In the event that the SOUT declaration is filled out without meeting the requirements and without complying with the form, which is approved by the Order of the Ministry of Labor of the Russian Federation dated 02/07/2014. No. 80n, employees of the labor inspection department have the right to refuse to accept the declaration of special labor conditions to ensure the safety of working conditions for workers. The declaration will be returned to the enterprise (organization) or individual entrepreneur 10 calendar days after it is received by the labor inspectorate. A covering letter is also sent indicating the reasons for refusal to accept the declaration.

The employer has the right to provide the document again, but first eliminate all the specified filling and execution violations.

Where to submit the declaration?

The declaration is submitted to the territorial labor inspectorate at the location of the organization. An employer can transfer reporting documentation in three ways:

• Personally, by visiting the administrative building of the territorial labor inspectorate;

• By mail with acknowledgment of delivery and a description of the contents;

• Via the Internet on the website of the Federal Service for Labor and Employment in the form of an electronic document confirmed by the digital signature of the head of the organization.

Submission rules

The order of the Ministry of Labor fixed the ways of sending a declaration on SOUT to the labor inspectorate (TI):

• submit a declaration in paper form when visiting the inspection;
• send the document by Russian Post. The letter is in registered form, be sure to include a receipt receipt and a list of the contents of the envelope;
• submit the SOUT declaration electronically on the labor inspectorate website;
• The form is signed with the digital signature of the company management before sending it.

Where to submit SOUT reports

Let's see where to submit the SOUT declaration. The document is sent to the TI at the place of registration of the company. During the special inspection, the workplaces of working employees in the company, including offices, are checked. The employer finds out how comfortable it is for employees to work, and if the conditions are recognized as comfortable, it acquires the right to pay contributions at low rates. During the special assessment, factors that negatively affect people are taken into account, and not aesthetic components. The expert assesses the level of noise, dust or lack of proper lighting. The color of the walls and the quality of window and door fittings are not taken into account. They measure the severity of labor, chemical and biological factors.

Assessments can be carried out by accredited persons. They have special equipment and skills. The company does not have the right to organize SOUT independently. The SOUT contractor is accredited, its accuracy is checked on the website of the Ministry of Labor. The appraiser's certificate is verified there.

The cost set by appraisers depends on the specifics of the company’s work and the total number of places. Traveling to sites outside the city is more expensive. When assessing manufacturing companies, additional measurements of the noise level and severity of technological processes are required, therefore, the cost increases. Also, the shorter the execution time, the higher the price.

Before the assessment activities, a list of places that are planned to be assessed is drawn up and signed by the commission. They create an order for the implementation of SOUT, draw up a schedule of activities. There is no special form for the schedule; it is compiled in any form according to the company’s internal document flow regulations. The schedule, list and order are stored in the accounting department.

Who submits a declaration for a special assessment of working conditions

Who should conduct a special assessment of working conditions in the organization? The document is provided by the company or its representative by proxy. The declaration on the special assessment of working conditions was introduced by order of the Ministry of Labor dated February 7, 2014 No. 80n. The company fills out and sends a declaration to the state labor inspectorate at its location within thirty days from the date of signing the special assessment report. TI reviews the report within ten working days and, if everything is filled out correctly, approves and registers it. If the declaration is filled out incorrectly, it is sent to the company with comments.

The declaration is not submitted:

• in places of workers included in the lists of the Cabinet of Ministers Resolution No. 10 of January 26, 1991;
• at work that allows you to receive an old-age insurance pension beyond the established deadlines;
• where a compensation package is provided for work with negative performance factors;
• where factors adversely affecting workers are recorded.

If no tragic cases or occupational diseases are recorded at the declared workplaces in the next five years, then the validity of the declaration will be extended for another five years. Consequently, companies are exempt from the SLA for a period of five years. When an accident is recorded, the company organizes a special assessment outside the plan, and the current declaration is canceled.

How often do you need to declare jobs?

The materials of the SOUT report are valid 5 years after the inspection. The company organizes a special assessment for newly created jobs.

Form for an updated declaration on SOUT

The company's declaration is sent within thirty working days after the acceptance of the SOUT report. The declaration on the special assessment of working conditions and when it must be submitted is recorded in paragraph No. 5 of the procedure implemented by order of the Ministry of Labor and Social Protection of the Russian Federation dated February 7, 2014 No. 80n.

What to write in the document?

Requirements for the content of documents for a special assessment of working conditions are spelled out and enshrined in Order of the Ministry of Labor No. 80n and Letter of the Ministry of Labor No. 15-1/B-724. Thus, the mandatory details of the declaration are considered:

• full/abbreviated name of the organization, and if documentation is submitted by an individual entrepreneur, his full name;
• information about the head of the organization;
• the address of the organization specified in the charter;
• OGRN, TIN codes, etc.;
• total number of employees with individual workplace numbers;
• list of declared jobs;
• details of the expert opinion.

For some categories of jobs, a declaration is not submitted. These are:

• work that provides for early receipt of an old-age insurance pension;
• work that provides compensation payments and guarantees for dangerous and harmful working conditions;
• work where the results of the certification established dangerous/harmful working conditions.

Filling Features

When filling out the document, you should be guided by the provisions set out in Letter of the Ministry of Labor dated June 23, 2014 No. 15-1/B-724.

Sample of filling out a declaration on SOUT in 2020, basic requirements:

• the full name of the employer and address are indicated in strict accordance with the statutory documents, while if information is submitted for workplaces located in a branch without forming a legal entity, the address is indicated not by the branch, but by the main division;
• the names of positions or works of employees whose places are declared are indicated from the special assessment card of this official place;
• the number of employees is also taken from the special assessment card (third section of the report);
• individual workplace numbers are taken from the first column of the list of official workplaces at which the special assessment was carried out (section 2 of the report);
• similar jobs are marked with the letter A, according to information from the fourth column of the list of section 2 of the report;
• In addition to the details of the expert’s opinion, it is necessary to indicate his last name and initials.

Sample of filling out the declaration of conformity with working conditions 2020

Do I need to submit an amended declaration?

An updated declaration was necessary in 2020, when, with the introduction of a new procedure for conducting a special assessment, the preparation of the declaration had to take into account jobs in the first and second class. Therefore, enterprises and individual entrepreneurs who had previously submitted their declarations to Rostrud had to provide additional information about work positions with optimal and acceptable conditions, documenting all this in an updated declaration. The deadline for filing an updated declaration was June 16, 2016. The new edition of the corresponding article of the Federal Law on Specialized Workplaces stipulates that information about working with optimal and permissible conditions should be provided in the text of the declaration of special assessment. Today there is no need to submit an updated declaration.

State requirements for the declaration of conformity with working conditions

From May 1, 2020, the employer himself initiates the sout procedure. After selecting the certifying organization, a corresponding order is created, on the basis of which a commission is formed and a work schedule for the special assessment is approved. Based on the results of workplace identification, the certifying organization draws up a report, which is approved by the commission.

Sample of filling out the declaration of conformity with working conditions

The form for filling out the declaration is a fairly clear document in design.

It is required to indicate the name of the legal entity or individual entrepreneur, then the location and location of the activity, TIN and OGRN.

After that, information about workplaces for which there are no harmful working conditions is filled out on the form. Each workplace in the SOUT declaration is indicated with the name of the position, the assigned workplace number and the number of employees of the organization employed in it.

As already indicated, a special assessment of working conditions can only be carried out by a limited number of specialized organizations that are accredited for these purposes and included in a special register, such as a certification body. The declaration form must indicate the details of the organization and the expert who conducted the special assessment.

After this, you need to indicate the date of execution of the document ( The declaration is submitted within 30 days from the date of approval of the report! )

The completed form is signed and stamped by the head of the organization.

For your convenience, we provide the opportunity to download a “Sample for filling out a declaration of conformity with working conditions.”

How do declarations of conformity get into the Unified Register?

The goods subject to declaration are registered by an authorized certification center. The applicant may be the product manufacturer itself, or in other cases also its representative or supplier.

The choice of a certification center must be thorough. Before entrusting the center’s employees with the preparation of such an important document, it would be a good idea to study the constituent documents and check the body’s accreditation certificate.

Specialists from a reliable center will readily prove its worth to you, and will also offer to conclude an agreement for the provision of services for declaring products produced or imported from abroad.

During the declaration process, all documents related to production are checked. In most cases, laboratory tests of product samples are also carried out. If the characteristics of the product are satisfactory, a TR declaration of conformity is created in the same certification center, reflecting all data about the product.

Next, its data is entered into the Unified Register of Declarations of the TR CU in the manner approved by Order of the Ministry of Economic Development of the Russian Federation dated February 21, 2012 N 76. After some time, the document will appear in the Register, and here it will be possible to check the declaration of conformity.

Now a manufacturer or supplier can safely release a new product or batch of goods onto the market within their own country or for export to neighboring states that are members of the Customs Union.

Covering letter to GIT based on the results of the SOUT

In addition to the declaration itself, it makes sense to submit a covering letter to the State Tax Inspectorate based on the results of the SOUT. This short document must be drawn up on the organization’s letterhead with the number and date of the outgoing document, as well as the manager’s signature and seal. It is attached to the declaration and sent to the head of the relevant GIT.

The purpose of the letter is to notify the labor inspection body about what kind of document you are sending. This will help avoid delays and prevent loss of the declaration.

Covering letter for the declaration of conformity with working conditions - sample

Below you can download a typical cover letter sample. As you can see, this is a completely simple document to draw up, which will significantly reduce bureaucratic risks for you.

It must be written in the usual form accepted for business correspondence.