Identification of similar jobs almost always causes difficulties for employers in forming the requirements necessary for implementation (SOUT - Special Assessment, - ed.). Almost everyone, before contacting an accredited organization, independently determines the list in order to calculate the approximate budget for the procedure. But, as practice shows, in 90% of cases this list is compiled incorrectly and the required amount is not always allocated. Fundamental errors, as a rule, arise at the stage of identifying similar workplaces, due to an ambiguous understanding of the requirements of Federal Law No. 426-FZ “On SOUT”.
Similar workplaces are considered to be workplaces that are located in one or more identical production premises, equipped with the same type of equipment, tools, ventilation systems, heating, air conditioning, and lighting. A prerequisite is that employees belong to the same profession, specialty, position and perform the same job duties. Do you think it is possible to classify, for example, the workplace of an accountant and a leading accountant, located in the office opposite each other, as similar? True, this cannot be done. Even if workers perform the same functions and are in the same work area, but they have different positions, then there can be no question of analogy.
Since the assessment must be carried out through the mandatory involvement of an organization that provides services at the expense of the employer’s financial resources, the availability of similar places is a particular benefit for the employer. By reducing the total number of jobs, which is provided for by law according to a special calculation formula: twenty percent of the total number of such places is subject to assessment, but strictly not less than two. Despite the formula and the requirements for defining similar jobs, mistakes in determining analogy are still allowed. Let's look at the most typical examples.
Mistake #1. Let's start with calculations using the formula. The company has 5 employees in the position of “sales manager”, all of them are in the same office and perform the same job responsibilities. In all respects they can be classified as similar. Many specialists automatically calculate using the formula - 20% out of 5, receive a “1” and, accordingly, declare only one employee for the SOUT.
Correct option: In this case, the specialist loses sight of the legal requirement that at least 2 jobs are subject to assessment. Even if you have only two jobs, for example, “manager”, which meet the principles of similarity, both jobs will be subject to SOUT.
The established minimum for workplaces was determined so that during instrumental research an objective result of the work was obtained. If at least one of the measured parameters at two workplaces differs, all 100 percent of workplaces will be assessed.
Important: if for an employee the occupied rate is equal to one or less than one, then with SOUT this is equivalent to one workplace. That is, 0.5 rates = 1 job; 0.2 rates = 1 workplace; 2.25 rates = 2 jobs (in this example, three jobs are implied, but according to the rule of analogy, two jobs will be subject to SOUT), etc.
Mistake #2. An office office in which such categories of employees as accountant, chief accountant, leading accountant, HR engineer are represented. Each of them has a PC on their desktop. A number of specialists are trying to equate them to each other due to the fact that they are in the same office with the same conditions and perform work on a PC.
Correct option: The presence of identical equipment does not mean that workers perform the same technological process. Equipment will be taken into account only if the positions of the workers are the same. In this case, the brand and year of manufacture of the equipment must be identical. In this case, the sign of analogy is not acceptable.
Mistake #3. Continuing the topic of equipment, we can also give an example of defining an analogy in drivers’ workplaces. Let us clarify that the driver’s workplace is the cabin of the vehicle.
The organization has 5 drivers. Petrov was given a 2009 Renaultlogan car, Ivanov was given a 2008 Belarus-1025 tractor, and Sidorov, Morozov and Milin were given 2012 Belarus-3022 tractors. Most often, experts identify an analogy of 5 driver jobs and include only two of them in the list. There are cases when Petrov’s workplace is defined as one workplace, and the places of Sidorov, Milin, Morozov and Ivanov are defined as similar places.
Correct option: Both job distribution options are wrong. Of the indicated set of jobs, only the jobs of Sidorov, Milin and Morozov will be similar, because they use the same make of vehicle with the same year of manufacture. Additionally, you must request information about the manufacturer, type of fuel used, and category of the vehicle.
For your information. For similar jobs, based on the results of the SOUT, one special assessment card is issued. It includes all information about employees currently employed at work.
Mistake #4. The job column indicates 5 staff positions of “Department Heads”. Employers classify them as similar and, under SOUT, distinguish only two.
Correct option: Five managers cannot be assigned to one department at once. It's akin to having five CEOs at once. The fact that our HR specialists are accustomed to uniting them under one position in the current staffing table is somewhat incorrect. If we are faced with this situation, it is necessary to clarify which department, unit, or structure the employee is in charge of. For example, head of the sales department, logistics department. In such examples, all jobs will be assessed.
Mistake #5. The Sterile and Pharmaceuticals Division has 14 line operators who fill pharmaceuticals. Work is carried out in 2 shifts. The employer applies for an assessment of 3 jobs.
Correct option: Shift work is an essential point and should not be missed. In this case, we divide 14 staff units into 2 shifts and calculate an analogy from 7 jobs, provided that the remaining 7 people come to the same place, perform the same functions and the working conditions do not change. Only 2 places will be assessed.
In our organization, the staff list includes the following positions: “firefighter”, firefighter 3rd class, firefighter 2nd class, firefighter 1st class.” How to correctly calculate the number of jobs for a special assessment? Count these positions as one job or 4 different jobs ?
Answer
Answer to the question:
The list of workplaces at which a special assessment will be carried out is determined by the special assessment commission, and the following are identified.
The legislation does not clearly regulate the issue of what should be taken into account in calculating the total number of jobs for the purposes of special assessment. At the same time, it is more correct to take the number of jobs that corresponds to the number of units according to the staffing table. It is from this number that we need to count 20 percent, for which it is enough to conduct a special assessment of working conditions when identifying. However, the final decision on this must be made.
Details in the materials of the Personnel System:
1. Answer: What documents need to be completed to conduct a special assessment of working conditions?
Ivan Shklovets
To organize and conduct a special assessment of working conditions, the employer:
- forms a special commission;
- approves the schedule for conducting a special assessment of working conditions.
In general, the commission should include:
- representatives of the employer, including a labor protection specialist. In addition to occupational safety specialists, the commission may include heads of structural divisions, personnel specialists, and medical workers;
- representatives of the elected body of the primary trade union organization or other representative body of employees (if any).
If the employer is classified as a member, then the following should be included in the commission as representatives from the employer:
- the head of an organization or an individual entrepreneur personally;
- other authorized representatives of the employer, including a labor protection specialist. Moreover, if the organization does not have a full-time specialist, then the commission includes a representative of the organization or an expert who performs the functions of the labor protection service for this employer under a civil law contract.
There are no restrictions on the number of commission members in the legislation, but their number must be odd. The commission is headed by the employer or his representative. The employer approves the specific composition and procedure for the commission's activities.
First of all, the commission determines the list of workplaces at which a special assessment will be carried out, indicating .*
2. Answer: What should be taken into account for the total number of jobs for the purpose of special assessment: the actual number of employees or the number of units according to the staffing table
Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment
This issue is not clearly regulated by law. At the same time, it is more correct to take the number of jobs that corresponds to the number of units according to the staffing table. It is from this number that we need to count 20 percent, for which it is enough to conduct a special assessment of working conditions when identifying. However, the final decision on this must be made.
When making a decision, you need to consider the following. On the one hand, when conducting a special assessment, the working conditions of a particular employee are examined and analyzed. After all, the purpose of a special assessment is to identify harmful and dangerous factors in a specific workplace during work. This takes into account the production equipment, materials and raw materials that the employee uses in the workplace. That is, the identification of harmful and dangerous factors presupposes the presence of a person in the workplace. This follows from the articles and Law of December 28, 2013 No. 426-FZ.
But, at the same time, if you do not immediately evaluate jobs that are listed in the staffing table but are still vacant, then you will have to do so when employees are hired for these vacancies. Therefore, a special commission must decide whether to include certain jobs in the total number for special assessment in each specific case, taking into account expediency. For example, if the staffing table includes vacant jobs for which they plan to hire employees in the near future, then it makes sense to include them in the number of places for special assessment.
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How to correctly calculate the number of jobs in an organization for conducting a SOUT (special assessment of working conditions)? For example, in a healthcare institution there is a department staffed by nurses and orderlies. The compartment itself is quite large and is divided into two parts. One part of the nurses and orderlies works on one half, and the other on the other (the work is shift work, but 2-3 people can work in one shift). Can we assume that there is one nurse’s workplace and one nurse’s workplace in the department, is it just that a fairly large number of people work in these places, because they perform the same duties, or should it be considered a similar workplace? The purchasing department employs 3 people, they are located in the same office, and they use the same type of equipment. Can we assume that there is one workplace, and the number of workers in it is 3?
To determine the number of jobs, you must use the staffing table.
The Labor Code of the Russian Federation defines the workplace. According to her:
Workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.
As a rule, the minimum number of jobs is determined by simply counting the titles of positions on the staffing table. In this case, it is necessary to take into account the following nuances:
Engineering and technical personnel who have a desk, computer, and other office equipment at their workplace and work in one shift are each busy at their own workplace. That is, the number of specialists in the procurement department in the staffing table equals the number of jobs
Interchangeable workers and workers for whom the workplace cannot be clearly defined (nurses, orderlies) can be combined into one workplace. For example, three nurses working in the same building can actually work at the same workplace.
In addition, shift shifts must also be taken into account. If employees work multiple shifts, the number of jobs may be reduced. In this case, the number of jobs will be determined not by the total number of employees, but by the number of workers working in one shift. For example, four nurses working on a “one day every three days” schedule will work together at one workplace, but will take turns going to it.
It should be noted that the number of jobs for carrying out SOUT is determined by the commission.
Legal basis:
In accordance with paragraph. 6 tbsp. 209 of the Labor Code of the Russian Federation, a workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.
In accordance with paragraph 5 of Art. 9 of the Federal Law of December 28, 2013 N 426-FZ “On Special Assessment of Working Conditions,” the commission, before the start of work on conducting a special assessment of working conditions, approves a list of workplaces at which a special assessment of working conditions will be carried out, indicating similar workplaces.
03.10.2017 9:46:00
Conducting a special assessment of working conditions (SOUT) begins with preparing a list of jobs to be assessed. This allows the employer to know the preliminary cost of the procedure. But due to misidentification of similar jobs, price calculations often end up being wrong.
Federal Law No. 426-FZ defines signs of similarity, according to which workplaces are considered similar: those located in one or several monotype premises (work areas); equipped with monotype engineering systems (lighting, heating, ventilation); occupied by workers of the same profession, performing the same job duties in the same working mode, using the same devices and tools, raw materials and materials, provided with the same PPE. For example, the jobs of an accountant and a chief accountant will not be considered similar. Because, despite the fact that they work in the same workspace, their positions are called differently.
The desire of employers to classify as many jobs as possible as similar is explained by the desire to minimize time and financial resources for carrying out special labor assessments. After all, only 20% of the total number of similar jobs (but not less than two) are necessarily assessed, for which a general SOUT map is drawn up and a unified list of actions to improve working conditions is prepared. For example, the staff of a call center includes five operators performing the same job duties in the same room. Of course, these are similar jobs. Since 20% of the total number is estimated, one workplace is subject to SOUT. But no, the law requires you to evaluate at least two jobs.
Therefore, two jobs for the position “operator” must be included in the list for the SOUT. If an enterprise has two similar engineer jobs, they are both subject to a special assessment, which is required to ensure that the most objective results are obtained during instrumental measurements. Detection of discrepancies even in one indicator will result in an assessment of all jobs. The size of the employee’s rate does not affect the workplace with SOUT, which is equal to one when employed at 0.5 and 0.3 rates, two workplaces - when employed at 2, 15 rates.
WHY ARE NOT ALL WORKPLACES WITH THE SAME EQUIPMENT CONSIDERED SIMILAR?
Equally equipped workplaces do not always mean identical production processes. For example, an economist, an accountant and a personnel officer work in the same room. All of them are provided with the same computers, but their places cannot be similar, since all positions are different. In addition, the equipment must completely match such parameters as make, model and even year of manufacture. The company's staff includes five drivers. One of them is assigned a 2011 Peugeot car, the second is a 2008 Kia, and the other three are Škoda 2012 cars. Employers consider such jobs to be similar and make a mistake. Only three jobs held by Škoda drivers will be similar. The other two drivers drive different brands of cars with different production dates. To successfully classify jobs, you should also prepare in advance information about the category of the vehicle and the type of fuel used.
WHEN WILL JOBS FOR THE SAME POSITIONS NOT BE RECOGNIZED AS SIMILAR?
Some jobs held by employees with the same positions cannot be considered similar. The staff may include five managers performing completely different functions. Therefore, when counting similar places under SOUT, it is necessary to clarify the units headed by these managers. Their workplace may be a public relations, sales or marketing department, each of which must be assessed separately.
Shift work is another aspect that complicates the calculation of similar jobs when conducting SOUT. 14 plant operators work in two shifts on the juice bottling line. The employer added three jobs to the SOUT list. But 7 operators work in one shift, therefore, in accordance with the signs of analogy, two workplaces are subject to assessment if the operators of the second shift work at the same workplaces and perform monotypic functions on the same equipment. To correctly identify similar places, you should use the support of an expert organization that will conduct a special assessment. It will help you create a list taking into account all the nuances and distinctive features of similar jobs.
ANSWERS ON QUESTIONS
HOW TO EXPLAIN TO THE STAFF THE CHANGE IN THE CLASS OF WORKING CONDITIONS?
The organization of the education system carried out SOUT. Hazard class 3.1 was removed from the cleaner's workplace, which resulted in dissatisfaction among the staff. How to argue the legality of changing the class of working conditions from 3.1 to 2 for personnel? Employees must be informed of changes in working conditions upon signature. The legality of actions can be confirmed by familiarizing staff with the relevant regulatory documents. An improvement in working conditions, certified by the SOUT, gives the employer the right to cancel compensation previously awarded to cleaners.
ARE ADDITIONAL INSURANCE PREMIUMS PAID IF THE SPECIAL ASSESSMENT HAS ESTABLISHED HARMFUL WORKING CONDITIONS?
After carrying out the special safety assessment, a hazard class of 3.1 was established in workplaces for many positions (economist, personnel officer, etc.). Is there a need to make additional contributions to the Pension Fund or can we limit ourselves to eliminating lighting violations? Workplaces with working conditions class 3.1, according to Federal Law No. 212-FZ, require payment of additional insurance premiums of 2%. After eliminating the violations, an extraordinary special inspection is carried out. If the results show improvements, additional insurance premiums may be waived.
HOW TO DETERMINE THE EFFECT OF HUMIDITY AND MOLD ON PERSONNEL HEALTH?
The company's museum, dedicated to mining, geology and speleology, is located underground in the exhaust workings of an active mine, the microclimate of which is characterized by natural high humidity and mold. The implementation of SOUT applies to the workplaces of the guide and accompanying person, but the special classifier does not include humidity and mold. Is it possible and legitimate to assess the harmfulness of these factors outside the framework of the SOUT? To determine the level of moisture and the nature of mold, you can use the services of an independent expert organization with its own accredited research laboratory. If the real negative impact of these factors on the health of staff is confirmed, the employer will have to organize medical examinations, as well as provide staff with special clothing and PPE.
Similar workplaces include workplaces located in one or more monotype premises, where workers with the same positions and functions work. Mandatory special assessment covers 20% of similar jobs, but not less than two. Similar workplaces are equipped with the same equipment, down to the brand and year of manufacture. With a shift work schedule, it is permissible to conduct a special assessment only of workers of one shift.
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If the enterprise decides to bring all areas into full compliance with the requirements of regulatory legal acts, you will have to prepare a large amount of documentation. You cannot avoid carrying out a mandatory special assessment of workplaces based on working conditions. At the same time, the question will arise about how to correctly calculate jobs for SOUT.
The importance of this procedure lies in the fact that it is a whole complex of sequential measures and actions that are aimed at a detailed study of the actual working conditions created by employers for their own personnel at enterprises with the comprehensive use of measuring instruments.
The most important step in the preparation and implementation of a special assessment is the correct selection of a suitable contracting organization that has the entire set of permits, in particular, an accreditation certificate issued by federal authorities, as well as confirmation of its inclusion in the register of organizations accredited to provide security services labor.
The second step to conducting a special assessment will be to calculate the number of jobs in respect of which assessment actions should be carried out. This stage is of particular importance for customers, since the final cost of the proposed work depends on their correct calculation.
The list of jobs that are available at enterprises should include all RMs, including administrative and management personnel (managers, accountants, secretaries, assistant managers, etc.), specialists (engineers, foremen, chief specialists, etc. .), working personnel (cleaners, cooks, electricians, etc.).
When determining jobs, it is necessary to take the existing staffing table as a basis. If this is not the case, then the list of PMs should indicate the number of employees in each position.
At the same time, it should not be surprising that the resulting number of places for SOUT may differ from the number of workers employed at production sites. This is possible because there is such a thing as similarity of jobs, that is, there are places where the same operations are performed using the same tools, materials, raw materials, equipment, etc.
If employers encounter any difficulties with calculating jobs for a special assessment, you can get detailed advice at the Development training and consulting center, which successfully operates a structural unit created specifically for carrying out such a procedure.
Our testing laboratory has everything necessary to provide services for conducting SOUT for customers. These are specialists of the relevant profile and education, and a full set of mandatory instruments and equipment, as well as extensive experience in such activities of laboratory personnel.
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