No special assessment in 2020: how to avoid liability


What is a special assessment of working conditions

This is a set of measures, the purpose of which is to establish the presence of harmful factors in each workplace and assign it a risk class.
This is stated in Article 1 of the Federal Law of December 28, 2013 No. 426-FZ “On Special Assessment of Working Conditions” (hereinafter referred to as the Law on SOUT). There are four risk classes:

  1. Optimal (1.0): dangerous and (or) harmful production factors are either completely absent or are at a level that is safe for humans. The prerequisites have been created to maintain a high level of performance.
  2. Acceptable (2.0): there are dangerous and (or) harmful factors, but their impact does not exceed the levels established by hygiene standards. The altered functional state of the body is restored during rest, at the beginning of the next working day or shift.
  3. Harmful (3.0): levels of exposure to negative factors exceed the standard. It is divided into subclasses: first degree (3.1), second degree (3.2), third degree (3.3) and fourth degree (3.4).
  4. Dangerous (4.0): levels of exposure to negative production factors can create a threat to the life of an employee, and the consequences can lead to the development of an occupational disease.

The results of the SOUT are used, among other things, when assigning discounts and surcharges to the rate of contributions “for injuries” and additional tariffs for pension contributions. Employees who work in workplaces classified as hazardous (subclasses 3.2, 3.3 and 3.4) or hazardous classes are granted additional leave (Article 117 of the Labor Code of the Russian Federation). For classes 3.0 and 4.0, a salary increase of at least 4% of the salary or rate is provided (Article 147 of the Labor Code of the Russian Federation). There are other benefits as well.

Calculate “complex” salaries with coefficients and bonuses for a large number of employees

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Fines - theory

The Code of Administrative Offenses provides for penalties for violations of the SOUT. Employers for the first violation of the legislation on special labor conditions are subject to the following fines in accordance with paragraph 2 of Art.
5.27.1 Code of Administrative Offenses of the Russian Federation: 1. Officials and individual entrepreneurs - from 5 thousand to 10 thousand rubles.

2. Legal entity - from 60 to 80 thousand rubles.

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