Have you signed up for a special assessment of working conditions?
Certification of workplaces was replaced in 2013 with special assessment of working conditions which is meant to fulfill the same functions, i.e. identify harmful and hazardous factors in the workplace and provide employees with means of protection against negative factors, as well as other guarantees and compensations[1].
Unlike under the certification process previously in place, all workplaces must now be assessed so a “transition period” was set out for employers to conduct such assessment[2]. This transition period will end on December 31, 2018[3].
From January 01, 2019 onwards, employers who have not conducted a special assessment of working conditions could be brought to administrative liability and be required to pay a fine of up to RUB 80,000 for such failure[4]. Given that special assessments of working conditions cannot slip under the radar of state authorities because employers must declare workplaces without harmful or hazardous conditions and special assessments when they report social insurance contributions[5], we expect employers who have not conducted such assessment to be subject in 2019 to greater scrutiny from labor authorities.
If your company is yet to conduct such special assessment of working conditions, we recommend proceeding without delay. Please note that accredited organizations authorized to conduct such special assessment are listed on the website of the Russian Ministry of Labor and Social Protection
We would be pleased to provide more detailed advice on issues related to special assessment of working conditions as well as health and safety in general.
If you have any questions or would like to discuss any of the above issues, please feel free to contact Anna Yakovleva.
Truly yours,
[1] Article 212 Russian Labor Code; Article 3(1) Federal Law No. 426-FZ On Special Assessment of Working Conditions dated December 28, 2013
[2] An exception is made for the workplaces of home-based employees, remote employees and employees hired by employers who are individuals but not individual entrepreneurs, and it is not required to assess the working conditions in those workplaces (Article 3(3) Federal Law No. 426-FZ On Special Assessment of Working Conditions dated December 28, 2013)
[3] Article 27(6) Federal Law No. 426-FZ On Special Assessment of Working Conditions dated December 28, 2013. No transition period has been set out for a number of jobs, including workplaces (а) for which early pension is granted, (b) for which guarantees and compensations for work in harmful or hazardous conditions are provided, and (c) for which harmful or hazardous conditions were identified as a result of a previous certification of workplace
[4] Article 5.27.1(2) Russian Code of Administrative Offenses
[5] Item 3 of Russian Ministry of Labor Decree No. 80n dated February 07, 2014, Article 17 (2(18)) Federal Law No. 125-FZ dated July 24, 1998 On Compulsory Social Insurance Against Accidents at Work and Occupational Diseases