1. What are an employer's obligations regarding employee safety?
Generally, an employer must, at its own expense:
- Carry out a special assessment of working conditions in all workplaces and familiarize employees with its results within 30 calendar days of doing so.
- Carry out a medical examination of employees working in harmful and/or hazardous conditions, and/or in the transport sector.
- Provide safe working conditions at each workplace.
- Not allow employees to work unless they have completed training, instruction and medical examinations.
- Take steps to prevent accidents and protect the life and health of employees.
- Provide first aid to employees.
- Ensure that all employees are familiar with the labor protection rules.
2. Do all employers need to carry out a special assessment of working conditions?
The new special assessment of work conditions was introduced in 20145 and replaced the previous system of attestation of workplace conditions in full.
It applies to all employers, regardless of their legal form, and all employees (except for employees working from home or remote employees).
Special assessments must be rendered with respect to all workplaces, including workplaces with computers. Such assessments shall be conducted once every five years by the employer in cooperation with a special organization accredited to carry out assessments of working conditions. If no hazardous or dangerous working conditions are discovered, the employer has the right to submit a declaration to the local labor inspection declaring that the labor conditions of the relevant workplace are in compliance with labor safety requirements. Otherwise, the employer must conduct a special assessment every 5 (five) years.
3. What are the consequences for noncompliance with labor safety requirements?
- Administrative liability: (a) an administrative fine of up to RUB 20,000 for an employer's officer (in the event of a recurring offence, the officer may be disqualified for a term of up to three years); (b) an administrative fine of up to RUB 200,000 and/or administrative suspension of activities for up to 90 days for the employer.
- Criminal liability: a fine of up to RUB 4,000, or forced labor for up to 240 hours, or correctional works for up to two years, or imprisonment for up to one year on the employer's official responsible for labor safety compliance.
5 Federal Law No. 426-FZ "On Evaluation of Working Conditions" dated December 28, 2013
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.