Federal Law of the Russian Federation No. 426-FZ of 28 December 2013
Unofficial translation. Only the Russian original published in the official sources of the Russian Federation has legal force. This translation is provided for reference and does not replace the official document.
1. The subject matter of this Federal Law is the relations arising in connection with the conduct of a special assessment of working conditions, as well as with the discharge of the employer's obligation to ensure the safety of employees in the course of their work activity and of employees' rights to workplaces conforming to the state regulatory requirements for labour protection.
2. This Federal Law establishes the legal and organisational foundations and the procedure for conducting a special assessment of working conditions, and defines the legal status, rights, obligations and liability of the participants in a special assessment of working conditions.
1. A special assessment of working conditions is regulated by the Labour Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. The norms regulating the special assessment of working conditions and contained in federal laws and other regulatory legal acts of the Russian Federation shall conform to the norms of the Labour Code of the Russian Federation and of this Federal Law.
3. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty apply.
4. Decisions of interstate bodies adopted on the basis of provisions of international treaties of the Russian Federation in an interpretation contradicting the Constitution of the Russian Federation shall not be enforced in the Russian Federation. Such a contradiction may be established in accordance with the procedure defined by a federal constitutional law.
1. A special assessment of working conditions is a single set of consecutively implemented activities to identify harmful and (or) hazardous factors of the working environment and the work process (hereinafter also referred to as harmful and (or) hazardous production factors) and to assess the level of their effect on the employee, taking into account the deviation of their actual values from the standards (hygienic standards) for working conditions established by the federal executive body authorised by the Government of the Russian Federation and the use of personal and collective protective equipment of employees.
2. Based on the results of a special assessment of working conditions, classes (subclasses) of working conditions at workplaces are established.
3. A special assessment of working conditions is not conducted in respect of the working conditions of homeworkers, remote workers and employees who have entered into employment relations with employers that are natural persons other than individual entrepreneurs, or with employers that are religious organisations registered in accordance with federal law.
4. The conduct of a special assessment of working conditions in respect of the working conditions of state civil servants and municipal servants is regulated by federal laws and other regulatory legal acts of the Russian Federation, and by laws and other regulatory legal acts of the constituent entities of the Russian Federation on the state civil service and on the municipal service.
1. The employer may: 1) require the organisation conducting the special assessment of working conditions to substantiate the results of its conduct; 2) conduct an unscheduled special assessment of working conditions in accordance with the procedure established by this Federal Law; 3) require from the organisation conducting the special assessment of working conditions the documents confirming its conformity with the requirements established by Article 19 of this Federal Law; 4) appeal, in accordance with the procedure established by Article 26 of this Federal Law, against the actions (omissions) of the organisation conducting the special assessment of working conditions; 5) require the organisation conducting the special assessment of working conditions, in accordance with the procedure established by this Federal Law, to confirm the entry of the data on the results of the special assessment of working conditions into the Federal State Information System for Recording the Results of Special Assessments of Working Conditions (hereinafter referred to as the recording information system).
2. The employer shall: 1) ensure the conduct of a special assessment of working conditions, including an unscheduled special assessment of working conditions, in the cases established by part 1 of Article 17 of this Federal Law; 2) provide the organisation conducting the special assessment of working conditions with the necessary data, documents and information which are provided for by the civil law contract referred to in part 2 of Article 8 of this Federal Law and which characterise the working conditions at workplaces, as well as explanations on matters of conducting the special assessment of working conditions and employees' proposals for identifying potentially harmful and (or) hazardous production factors at their workplaces (where such proposals exist); 3) not take any deliberate actions aimed at narrowing the range of matters subject to examination during the special assessment of working conditions and affecting the results of its conduct; 4) acquaint the employee in writing with the results of the special assessment of working conditions at his workplace; 5) give the employee the necessary explanations on matters of conducting the special assessment of working conditions at his workplace; 6) implement activities aimed at improving the working conditions of employees, taking into account the results of the special assessment of working conditions; 7) consider the employee's comments and objections concerning the results of the special assessment of working conditions submitted in writing in accordance with paragraph 4 of part 1 of Article 5 of this Federal Law, and decide on conducting, where necessary, an unscheduled special assessment of working conditions.
1. The employee may: 1) be present during the conduct of the special assessment of working conditions at his workplace; 2) apply to the employer, the employer's representative, the organisation conducting the special assessment of working conditions or an expert of the organisation conducting the special assessment of working conditions (hereinafter also referred to as the expert) with proposals for identifying potentially harmful and (or) hazardous production factors at his workplace and for explanations on matters of conducting the special assessment of working conditions at his workplace; 3) appeal against the results of the special assessment of working conditions at his workplace in accordance with Article 26 of this Federal Law; 4) submit in writing to the employer, to the organisation conducting the special assessment of working conditions and (or) to the elected body of the primary trade union organisation or another representative body of employees (where one exists) comments and objections concerning the results of the special assessment of working conditions conducted at his workplace.
2. The employee shall acquaint himself with the results of the special assessment of working conditions conducted at his workplace.
1. The organisation conducting the special assessment of working conditions may: 1) refuse, in accordance with the procedure established by this Federal Law, to conduct the special assessment of working conditions if, during its conduct, a threat to the life or health of employees of that organisation has arisen or may arise; 2) appeal, in accordance with the established procedure, against directives of officials of the federal executive body authorised to exercise federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law norms, and of its territorial bodies.
2. The organisation conducting the special assessment of working conditions shall: 1) provide, at the request of the employer or of a representative of the elected body of the primary trade union organisation or another representative body of employees, substantiation of the results of the special assessment of working conditions, and give employees explanations on matters of conducting the special assessment of working conditions at their workplaces; 2) provide, at the employer's request, documents confirming that organisation's conformity with the requirements established by Article 19 of this Federal Law; 3) apply measurement methodologies (methods) approved and attested in accordance with the procedure established by the legislation of the Russian Federation on ensuring the uniformity of measurements, and the corresponding measuring instruments, which have been verified and entered in the Federal Information Fund for Ensuring the Uniformity of Measurements, and (or) measurement methodologies (methods) intended for performing direct measurements and the corresponding measuring instruments of an approved type, which have been verified in accordance with the procedure established by the legislation of the Russian Federation on ensuring the uniformity of measurements (hereinafter referred to as verification); 4) not commence the special assessment of working conditions or suspend its conduct in the following cases: (a) failure of the employer to provide the necessary data, documents and information which are provided for by the civil law contract referred to in part 2 of Article 8 of this Federal Law and which characterise the working conditions at workplaces, as well as explanations on matters of conducting the special assessment of working conditions; (b) refusal of the employer to ensure the conditions necessary for conducting the studies (tests) and measurements of the identified harmful and (or) hazardous production factors in accordance with the civil law contract referred to in part 2 of Article 8 of this Federal Law; 5) keep commercial and other legally protected secrets that have become known to that organisation in connection with carrying on its activities in accordance with this Federal Law.
1. The results of a special assessment of working conditions may be applied for: 1) developing and implementing activities aimed at improving the working conditions of employees; 2) informing employees of the working conditions at their workplaces, of the existing risk of damage to their health, of the measures to protect them from the effects of harmful and (or) hazardous production factors and of the guarantees and compensations due to employees engaged in work with harmful and (or) hazardous working conditions; 3) providing employees with personal protective equipment and equipping workplaces with collective protective equipment; 4) exercising control over the state of working conditions at workplaces; 5) organising, in the cases established by the legislation of the Russian Federation, mandatory preliminary (upon recruitment) and periodic (during work activity) medical examinations of employees; 6) establishing for employees the guarantees and compensations provided for by the Labour Code of the Russian Federation; 7) establishing an additional rate of insurance contributions to the Pension and Social Insurance Fund of the Russian Federation, taking into account the class (subclass) of working conditions at the workplace; 8) calculating discounts (surcharges) on the insurance rate for compulsory social insurance against industrial accidents and occupational diseases; 9) substantiating the financing of activities to improve working conditions and labour protection, including from funds for compulsory social insurance against industrial accidents and occupational diseases; 10) preparing statistical reporting on working conditions; 11) deciding on the connection between diseases arising in employees and the effect on employees at their workplaces of harmful and (or) hazardous production factors, and investigating industrial accidents and occupational diseases; 12) considering and settling disagreements connected with ensuring safe working conditions between employees and the employer and (or) their representatives; 13) determining, in the cases established by federal laws and other regulatory legal acts of the Russian Federation and taking into account the state regulatory requirements for labour protection, the types of sanitary and welfare services and medical provision for employees, their scope and the conditions of their provision; 14) deciding on the establishment of restrictions provided for by labour legislation for certain categories of employees; 15) managing occupational risks; 16) other purposes provided for by this Federal Law, other federal laws and regulatory legal acts of the Russian Federation.
2. The results of a special assessment of working conditions may be applied for the purposes referred to in part 1 of this Article provided that the data on them have been entered into the recording information system in accordance with the procedure established by this Federal Law. The results of a special assessment of working conditions containing data constituting a state secret or another legally protected secret may be applied for the purposes referred to in part 1 of this Article from the day of approval of the report on the conduct of the special assessment of working conditions.
1. The obligations to organise and finance the conduct of a special assessment of working conditions are imposed on the employer.
2. A special assessment of working conditions is conducted jointly by the employer and an organisation or organisations conforming to the requirements of Article 19 of this Federal Law and engaged by the employer under a civil law contract.
3. A special assessment of working conditions is conducted in accordance with the methodology for its conduct, approved by the federal executive body performing the functions of formulating and implementing state policy and regulatory legal regulation in the sphere of labour, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labour Relations.
4. A special assessment of working conditions at a workplace is conducted at least once every five years, unless otherwise established by this Federal Law. That period is calculated from the day of entry of the data on the results of the special assessment of working conditions into the recording information system in accordance with the procedure established by this Federal Law, and in respect of the results of a special assessment of working conditions containing data constituting a state secret or another legally protected secret, from the day of approval of the report on the conduct of the special assessment of working conditions. At the workplaces referred to in part 1 of Article 11 of this Federal Law in respect of which a declaration of conformity of working conditions with the state regulatory requirements for labour protection is in effect, a repeat special assessment of working conditions is not required until the occurrence of the circumstances established by part 5 of Article 11 of this Federal Law.
5. Where a special assessment of working conditions is conducted in respect of the working conditions of employees granted access to data classified as a state secret or another legally protected secret, its conduct is carried out taking into account the requirements of the legislation of the Russian Federation on state secrets and on other legally protected secrets.
6. The organisation conducting the special assessment of working conditions shall, before commencing the work on conducting the special assessment of working conditions but not later than five working days from the day of conclusion with the employer of the civil law contract on conducting the special assessment of working conditions, transmit to the recording information system the data referred to in sub-clauses (a), (c) and (c.1) of paragraph 1 of part 2 of Article 18 of this Federal Law and obtain for the forthcoming special assessment of working conditions an identification number, which is assigned by the recording information system automatically in accordance with the procedure established under part 7 of Article 18 of this Federal Law. The organisation conducting the special assessment of working conditions shall communicate that identification number to the employer before commencing the work on conducting the special assessment of working conditions.
1. To organise and conduct a special assessment of working conditions, the employer forms a commission for conducting the special assessment of working conditions (hereinafter referred to as the commission), the number of whose members shall be odd, and approves a schedule for conducting the special assessment of working conditions.
2. The commission includes representatives of the employer, including a labour protection specialist, and representatives of the elected body of the primary trade union organisation or another representative body of employees (where one exists). The composition and operating procedure of the commission are approved by an order (instruction) of the employer in accordance with the requirements of this Federal Law.
3. When a special assessment of working conditions is conducted at an employer classified in accordance with the legislation of the Russian Federation as a small business entity, the commission includes the employer being an individual entrepreneur (in person), the head of the organisation, other authorised representatives of the employer, including a labour protection specialist or a representative of an organisation or a specialist engaged by the employer under a civil law contract to perform the functions of the labour protection service (labour protection specialist), and representatives of the elected body of the primary trade union organisation or another representative body of employees (where one exists). 3.1. Where employers being small business entities (including employers being individual entrepreneurs) that are classified as microenterprises in accordance with federal law are unable to form a commission, the powers of the commission referred to in part 5 of this Article, parts 2, 4 and 5 of Article 10, parts 2, 7, 9 - 11 of Article 12, part 6 of Article 14, part 2 of Article 15 and part 3 of Article 17 of this Federal Law are exercised by the employer being an individual entrepreneur (in person), the head of the organisation or another employee authorised by the employer.
4. The commission is headed by the employer or the employer's representative.
5. Before the work on conducting the special assessment of working conditions commences, the commission approves the list of workplaces at which the special assessment of working conditions will be conducted, indicating similar workplaces.
6. For the purposes of this Federal Law, similar workplaces are workplaces which are located in one or several same-type production premises (production areas) equipped with identical (same-type) ventilation, air conditioning, heating and lighting systems, at which employees work in the same occupation, position or speciality and perform identical work functions under an identical working time regime while conducting a same-type technological process using identical production equipment, tools, fixtures, materials and raw materials, and are provided with identical personal protective equipment.
7. In respect of workplaces in organisations carrying on certain types of activity, and also where the performance of the work on conducting the special assessment of working conditions creates or may create a threat to the life or health of an employee, of members of the commission or of other persons, the special assessment of working conditions is conducted taking into account the special features established by the federal executive body performing the functions of formulating and implementing state policy and regulatory legal regulation in the sphere of labour, in agreement with the federal executive body performing the functions of formulating state policy and regulatory legal regulation in the relevant sphere of activity, the State Atomic Energy Corporation "Rosatom" and the State Space Corporation "Roscosmos", and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labour Relations. The list of workplaces in organisations carrying on certain types of activity in respect of which the special assessment of working conditions is conducted taking into account the special features established by the federal executive body authorised by the Government of the Russian Federation (including, where necessary, an assessment of the injury hazard of workplaces) is approved by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labour Relations.
1. Identification of potentially harmful and (or) hazardous production factors means the comparison and establishment of the coincidence of the factors of the working environment and the work process present at workplaces with the factors of the working environment and the work process provided for by the classifier of harmful and (or) hazardous production factors approved by the federal executive body performing the functions of formulating and implementing state policy and regulatory legal regulation in the sphere of labour, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labour Relations. The procedure for identifying potentially harmful and (or) hazardous production factors is established by the methodology for conducting a special assessment of working conditions provided for by part 3 of Article 8 of this Federal Law.
2. Identification of potentially harmful and (or) hazardous production factors at workplaces is carried out by an expert of the organisation conducting the special assessment of working conditions. The results of the identification of potentially harmful and (or) hazardous production factors are approved by the commission formed in accordance with the procedure established by Article 9 of this Federal Law.
3. When potentially harmful and (or) hazardous production factors are identified at workplaces, the following shall be taken into account: 1) the production equipment, materials and raw materials used by employees which are sources of harmful and (or) hazardous production factors that are identified and in whose presence, in the cases established by the legislation of the Russian Federation, mandatory preliminary (upon recruitment) and periodic (during work activity) medical examinations of employees are conducted; 2) the results of studies (tests) and measurements of harmful and (or) hazardous production factors previously conducted at the workplaces concerned; 3) cases of industrial injuries and (or) established occupational diseases that arose in connection with the effect on the employee at his workplace of harmful and (or) hazardous production factors; 4) employees' proposals for identifying potentially harmful and (or) hazardous production factors at their workplaces; 5) the results obtained in the course of production control over working conditions organised at workplaces in accordance with the established procedure (where available); 6) the results obtained in the course of federal state sanitary and epidemiological control (supervision).
4. If harmful and (or) hazardous production factors at a workplace have not been identified, the working conditions at that workplace are recognised by the commission as permissible, and studies (tests) and measurements of harmful and (or) hazardous production factors are not conducted.
5. If harmful and (or) hazardous production factors at a workplace have been identified, the commission decides to conduct studies (tests) and measurements of those harmful and (or) hazardous production factors in accordance with the procedure established by Article 12 of this Federal Law.
6. Identification of potentially harmful and (or) hazardous production factors is not carried out in respect of: 1) the workplaces of employees whose occupations, positions or specialities are included in the lists of the relevant work, industries, occupations, positions, specialities and institutions (organisations) taking into account which an old-age insurance pension is granted early; 2) workplaces in connection with work at which employees are provided, in accordance with legislative and other regulatory legal acts, with guarantees and compensations for work with harmful and (or) hazardous working conditions; 3) workplaces at which harmful and (or) hazardous working conditions were established based on the results of a previously conducted attestation of workplaces for working conditions or special assessment of working conditions.
7. The list of harmful and (or) hazardous production factors subject to studies (tests) and measurements at the workplaces referred to in part 6 of this Article is determined by an expert of the organisation conducting the special assessment of working conditions on the basis of the list of harmful and (or) hazardous production factors referred to in parts 1 and 2 of Article 13 of this Federal Law.
8. To determine the list referred to in part 7 of this Article, an expert of the organisation conducting the special assessment of working conditions may carry out: 1) study of the documentation characterising the technological process and the production equipment, materials and raw materials used at the workplace, and of the documents regulating the duties of the employee engaged at that workplace; 2) examination of the workplace; 3) acquaintance with the work actually performed by the employee at the workplace; 4) other activities provided for by the procedure for identifying potentially harmful and (or) hazardous production factors under the methodology for conducting a special assessment of working conditions.
1. In respect of workplaces at which no harmful and (or) hazardous production factors have been detected based on the results of identification, and at which the working conditions have been recognised as optimal or permissible based on the results of studies (tests) and measurements of harmful and (or) hazardous production factors, with the exception of the workplaces referred to in part 6 of Article 10 of this Federal Law, the employer files a declaration of conformity of working conditions with the state regulatory requirements for labour protection with the territorial body, at the place of the employer's location, of the federal executive body authorised to exercise federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law norms.
2. The form of and procedure for filing a declaration of conformity of working conditions with the state regulatory requirements for labour protection are established by the federal executive body performing the functions of formulating and implementing state policy and regulatory legal regulation in the sphere of labour.
3. The federal executive body authorised to exercise federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law norms ensures the formation and maintenance of a register of declarations of conformity of working conditions with the state regulatory requirements for labour protection in accordance with the procedure established by the federal executive body performing the functions of formulating and implementing state policy and regulatory legal regulation in the sphere of labour.
4. A declaration of conformity of working conditions with the state regulatory requirements for labour protection is of unlimited duration where the working conditions at the workplace concerned are preserved.
5. If an industrial accident has occurred to an employee engaged at a workplace in respect of which a declaration of conformity of working conditions with the state regulatory requirements for labour protection has been adopted (with the exception of an industrial accident that occurred through the fault of third parties), or an occupational disease has been detected in that employee, the cause of which was the effect on the employee of harmful and (or) hazardous production factors, or violations of the state regulatory requirements for labour protection contained in federal laws and other regulatory legal acts of the Russian Federation have been detected in respect of the employee and (or) at his workplace in the course of federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law norms, that declaration ceases to have effect in respect of such workplace and an unscheduled special assessment of working conditions is conducted.
6. The decision to terminate the effect of a declaration of conformity of working conditions with the state regulatory requirements for labour protection is taken by the federal executive body authorised to exercise federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law norms, of which a corresponding entry is made in the register of declarations of conformity of working conditions with the state regulatory requirements for labour protection not later than within ten calendar days from the day of occurrence of the circumstances referred to in part 5 of this Article.
7. Repealed. - Federal Law No. 503-FZ of 30 December 2020.
1. All harmful and (or) hazardous production factors identified in accordance with the procedure established by this Federal Law shall be subjected to studies (tests) and measurements.
2. The list of harmful and (or) hazardous production factors subject to studies (tests) and measurements is formed by the commission on the basis of the state regulatory requirements for labour protection, the characteristics of the technological process and production equipment, the materials and raw materials used, and the results of previously conducted studies (tests) and measurements of harmful and (or) hazardous production factors, as well as taking into account the special features established in accordance with part 7 of Article 9 of this Federal Law and on the basis of employees' proposals.
3. Studies (tests) and measurements of the actual values of harmful and (or) hazardous production factors are carried out by the testing laboratory (centre), experts and (or) other employees of the organisation conducting the special assessment of working conditions.
4. When conducting studies (tests) and measurements of harmful and (or) hazardous production factors, measurement procedures (methods) approved and attested in accordance with the procedure established by the legislation of the Russian Federation on ensuring the uniformity of measurements, and the corresponding measuring instruments that have passed verification and have been entered in the Federal Information Fund for Ensuring the Uniformity of Measurements, and (or) measurement procedures (methods) intended for the performance of direct measurements and the corresponding measuring instruments of an approved type that have passed verification, shall be applied. The measurement procedures (methods) and the corresponding measuring instruments shall allow studies (tests) and measurements of the levels of harmful and (or) hazardous production factors of working conditions to be conducted in all the ranges established by the methodology for conducting the special assessment of working conditions.
5. The measurement procedures (methods) for harmful and (or) hazardous production factors meeting the requirements established by part 4 of this Article, and the composition of the experts and other employees conducting studies (tests) and measurements of harmful and (or) hazardous production factors, are determined by the organisation conducting the special assessment of working conditions independently.
6. The results of the studies (tests) and measurements of harmful and (or) hazardous production factors are documented in protocols in respect of each of these harmful and (or) hazardous production factors subjected to studies (tests) and measurements.
7. The results of studies (tests) and measurements of harmful and (or) hazardous production factors conducted by a testing laboratory (centre) accredited in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system, in the course of production control over working conditions organised at workplaces in accordance with the established procedure, but not earlier than six months before the conduct of the special assessment of working conditions, may be used as the results of studies (tests) and measurements of harmful and (or) hazardous production factors. The decision on the possibility of using such results in the conduct of the special assessment of working conditions is taken by the commission upon the proposal of an expert of the organisation conducting the special assessment of working conditions.
8. Based on the results of the studies (tests) and measurements of harmful and (or) hazardous production factors, the classification of the working conditions at workplaces into classes (sub-classes) of working conditions according to the degree of harmfulness and (or) hazard is carried out by an expert of the organisation conducting the special assessment of working conditions.
9. The commission may take a decision on the impossibility of conducting studies (tests) and measurements of harmful and (or) hazardous production factors if the conduct of such studies (tests) and measurements at workplaces may create a threat to the lives of employees, experts and (or) other employees of the organisation conducting the special assessment of working conditions, as well as other persons. The working conditions at such workplaces are assigned to the hazardous class of working conditions without the conduct of the corresponding studies (tests) and measurements.
10. The decision on the impossibility of conducting studies (tests) and measurements on the ground specified in part 9 of this Article is documented in a protocol of the commission containing the justification for taking this decision and forming an integral part of the report on the conduct of the special assessment of working conditions.
11. The employer, within ten working days from the day of taking the decision specified in part 9 of this Article, sends a copy of the protocol of the commission containing this decision to the territorial body, at the place of its location, of the federal executive body authorised to exercise federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law provisions.
1. For the purposes of conducting the special assessment of working conditions, the following harmful and (or) hazardous factors of the working environment shall be subject to study (testing) and measurement: 1) physical factors - aerosols of predominantly fibrogenic action, noise, infrasound, airborne ultrasound, general and local vibration, non-ionising radiation (electrostatic field, constant magnetic field, including hypogeomagnetic field, electric and magnetic fields of industrial frequency (50 Hertz), alternating electromagnetic fields, including those of the radio-frequency range and of the optical range (laser and ultraviolet), ionising radiation, microclimate parameters (air temperature, relative air humidity, air movement speed, thermal radiation), light environment parameters (artificial illumination (illuminance) of the working surface); 2) chemical factors - chemical substances and mixtures measured in the air of the working zone and on the skin of employees, including certain substances of biological origin (antibiotics, vitamins, hormones, enzymes, protein preparations) that are obtained by chemical synthesis and (or) for the monitoring of whose content methods of chemical analysis are used; 3) biological factors - producer microorganisms, live cells and spores contained in bacterial preparations, and pathogenic microorganisms - causative agents of infectious diseases.
2. For the purposes of conducting the special assessment of working conditions, the following harmful and (or) hazardous factors of the labour process shall be subject to study (testing) and measurement: 1) the severity of the labour process - indicators of the physical load on the musculoskeletal system and on the functional systems of the employee's body; 2) the intensity of the labour process - indicators of the sensory load on the central nervous system and the sense organs of the employee.
3. The testing laboratory (centre) conducts studies (tests) and measurements of the following harmful and (or) hazardous factors of the working environment and the labour process: 1) air temperature; 2) relative air humidity; 3) air movement speed; 4) intensity and exposure dose of thermal radiation; 5) strength of the alternating electric field of industrial frequency (50 Hertz); 6) strength of the alternating magnetic field of industrial frequency (50 Hertz); 7) strength of the alternating electric field of electromagnetic radiation of the radio-frequency range; 8) strength of the alternating magnetic field of electromagnetic radiation of the radio-frequency range; 9) strength of the electrostatic field and of the constant magnetic field; 10) intensity of sources of ultraviolet radiation in the wavelength range of 200 - 400 nanometres; 11) irradiance in the wavelength ranges UV-A ( = 400 - 315 nanometres), UV-B ( = 315 - 280 nanometres), UV-C ( = 280 - 200 nanometres); 12) radiant exposure of laser radiation; 13) ambient dose equivalent rate of gamma radiation, X-ray and neutron radiation; 14) radioactive contamination of production premises, elements of production equipment, personal protective equipment and the skin of employees; 15) sound level; 16) overall sound pressure level of infrasound; 17) airborne ultrasound; 18) general and local vibration; 19) illuminance of the working surface; 20) concentration of harmful chemical substances, including substances of biological origin (antibiotics, vitamins, hormones, enzymes, protein preparations) that are obtained by chemical synthesis and (or) for the monitoring of whose content methods of chemical analysis are used, as well as the concentration of mixtures of such substances in the air of the working zone and on the skin of employees (in accordance with the scope of accreditation of the testing laboratory (centre); 21) mass concentration of aerosols in the air of the working zone; 22) severity of the labour process (length of the load movement path, muscular effort, mass of the loads moved, angle of inclination of the employee's torso and number of inclinations per working day (shift), load holding time, number of stereotyped working movements); 23) intensity of the labour process of employees whose labour function: (a) consists in dispatching production processes or driving vehicles (duration of concentrated observation, density of signals (light, sound) and messages per unit of time, number of production facilities under simultaneous observation, load on the auditory analyser, time of active observation of the course of the production process); (b) consists in servicing conveyor-type production processes (duration of performance of a single operation, number of elements (techniques) required to perform a single operation); (c) is connected with prolonged work with optical instruments; (d) is connected with a constant load on the vocal apparatus; 24) biological factors (in accordance with the scope of accreditation of the testing laboratory (centre).
4. For individual types of work, occupations, positions and specialities, an additional list of harmful and (or) hazardous factors of the working environment and the labour process subject to study (testing) and measurement in the conduct of the special assessment of working conditions and (or) of the assessment taking into account the particular features (specifics) of the performance of individual types of labour activity, determined in accordance with the procedure established by part 7 of Article 9 of this Federal Law, may be established by the federal executive body performing the functions of elaborating and implementing state policy and legal regulation in the sphere of labour, jointly with the federal executive body performing the functions of elaborating state policy and legal regulation in the relevant sphere of activity, the State Atomic Energy Corporation "Rosatom" and the State Space Corporation "Roscosmos", in agreement with the federal executive body performing the functions of organising and exercising federal state sanitary and epidemiological control (supervision) and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labour Relations.
1. Working conditions are divided, according to the degree of harmfulness and (or) hazard, into four classes - optimal, permissible, harmful and hazardous working conditions.
2. Optimal working conditions (class 1) are working conditions under which exposure of the employee to harmful and (or) hazardous production factors is absent or the levels of exposure to them do not exceed the levels established by the standards (hygienic standards) for working conditions and accepted as safe for humans, and preconditions are created for maintaining a high level of the employee's working capacity.
3. Permissible working conditions (class 2) are working conditions under which the employee is exposed to harmful and (or) hazardous production factors whose levels of exposure do not exceed the levels established by the standards (hygienic standards) for working conditions, and the altered functional state of the employee's body is restored during regulated rest or by the beginning of the next working day (shift).
4. Harmful working conditions (class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) for working conditions, including: 1) sub-class 3.1 (harmful working conditions of degree 1) - working conditions under which the employee is exposed to harmful and (or) hazardous production factors after exposure to which the altered functional state of the employee's body is restored, as a rule, upon a longer cessation of exposure to these factors than before the beginning of the next working day (shift), and the risk of damage to health increases; 2) sub-class 3.2 (harmful working conditions of degree 2) - working conditions under which the employee is exposed to harmful and (or) hazardous production factors whose levels of exposure are capable of causing persistent functional changes in the employee's body leading to the appearance and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of professional working capacity) arising after prolonged exposure (fifteen years or more); 3) sub-class 3.3 (harmful working conditions of degree 3) - working conditions under which the employee is exposed to harmful and (or) hazardous production factors whose levels of exposure are capable of causing persistent functional changes in the employee's body leading to the appearance and development of occupational diseases of mild and medium severity (with loss of professional working capacity) during the period of labour activity; 4) sub-class 3.4 (harmful working conditions of degree 4) - working conditions under which the employee is exposed to harmful and (or) hazardous production factors whose levels of exposure are capable of leading to the appearance and development of severe forms of occupational diseases (with loss of general working capacity) during the period of labour activity.
5. Hazardous working conditions (class 4) are working conditions under which the employee is exposed to harmful and (or) hazardous production factors whose levels of exposure during the whole working day (shift) or a part of it are capable of creating a threat to the employee's life, and the consequences of exposure to these factors cause a high risk of the development of an acute occupational disease during the period of labour activity.
6. Where employees engaged at workplaces with harmful working conditions use effective personal protective equipment that has passed compulsory certification in accordance with the procedure established by the relevant technical regulation, the class (sub-class) of working conditions may be lowered by the commission by one degree, on the basis of a conclusion of an expert of the organisation conducting the special assessment of working conditions, in accordance with the methodology approved by the federal executive body performing the functions of elaborating and implementing state policy and legal regulation in the sphere of labour, in agreement with the federal executive body performing the functions of organising and exercising federal state sanitary and epidemiological control (supervision) and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labour Relations.
7. In agreement with the federal executive body performing the functions of organising and exercising federal state sanitary and epidemiological control (supervision), the class (sub-class) of working conditions may be lowered by more than one degree in accordance with the methodology specified in part 6 of this Article.
8. In respect of workplaces in organisations engaged in individual types of activity, the lowering of the class (sub-class) of working conditions may be carried out in accordance with the sectoral particularities approved by the federal executive body performing the functions of elaborating and implementing state policy and legal regulation in the sphere of labour, in agreement with the federal executive body performing the functions of organising and exercising federal state sanitary and epidemiological control (supervision) and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labour Relations.
9. The criteria for the classification of working conditions at a workplace are established by the methodology for conducting the special assessment of working conditions provided for by part 3 of Article 8 of this Federal Law.
1. The organisation conducting the special assessment of working conditions draws up a report on its conduct, which includes the following results of the conduct of the special assessment of working conditions: 1) information on the organisation conducting the special assessment of working conditions, with copies of documents confirming its compliance with the requirements established by Article 19 of this Federal Law attached; 2) the list of workplaces at which the special assessment of working conditions was conducted, indicating the harmful and (or) hazardous production factors identified at those workplaces; 3) the cards of the special assessment of working conditions containing information on the class (sub-class) of working conditions established by the expert of the organisation conducting the special assessment of working conditions at specific workplaces; 4) the protocols of the studies (tests) and measurements of the identified harmful and (or) hazardous production factors; 5) the protocol of the assessment of the effectiveness of the personal protective equipment used by employees engaged at workplaces with harmful working conditions and having passed compulsory certification in accordance with the procedure established by the technical regulation, such assessment being conducted for the purpose of lowering the class (sub-class) of working conditions (where such an assessment has been conducted); 6) the protocol of the commission containing the decision on the impossibility of conducting studies (tests) and measurements on the ground specified in part 9 of Article 12 of this Federal Law (where such a decision exists); 7) the summary sheet of the special assessment of working conditions; 8) the list of activities to improve the working conditions and labour protection of the employees at whose workplaces the special assessment of working conditions was conducted; 9) the conclusions of the expert of the organisation conducting the special assessment of working conditions; 10) the comments and objections of an employee concerning the results of the special assessment of working conditions conducted at his workplace, submitted in writing in accordance with paragraph 4 of part 1 of Article 5 of this Federal Law (where available). 1.1. The report on the conduct of the special assessment of working conditions shall contain the identification number specified in part 6 of Article 8 of this Federal Law.
2. The report on the conduct of the special assessment of working conditions, drawn up on paper or in the form of an electronic document, is signed by all members of the commission and approved by the chairman of the commission no later than thirty calendar days from the day it is sent to the employer by the organisation conducting the special assessment of working conditions, by signing with a handwritten signature or with an enhanced qualified electronic signature or an enhanced unqualified electronic signature whose verification key certificate has been created and is used in the infrastructure ensuring the information technology interaction of the information systems used for the provision of state and municipal services in electronic form, in accordance with the procedure established by the Government of the Russian Federation and provided that the interaction of the natural person with such infrastructure is organised with the use of information protection means that have passed the conformity assessment procedure in accordance with the established procedure. A member of the commission who does not agree with the results of the conduct of the special assessment of working conditions may set out in writing a reasoned dissenting opinion, which is attached to this report.
3. The form of the report on the conduct of the special assessment of working conditions and the instructions for completing it are approved by the federal executive body performing the functions of elaborating and implementing state policy and legal regulation in the sphere of labour.
4. In respect of workplaces at which harmful and (or) hazardous production factors have not been identified, the information provided for by paragraphs 1 - 3, 7 and 9 of part 1 of this Article is indicated in the report on the conduct of the special assessment of working conditions.
5. The employer organises the familiarisation of employees, against signature, with the results of the conduct of the special assessment of working conditions at their workplaces no later than thirty calendar days from the day of approval of the report on the conduct of the special assessment of working conditions. This period does not include periods of the employee's temporary incapacity for work, of his being on leave or on a business trip, and periods of inter-rotation rest. 5.1. The employer, within three working days from the day of approval of the report on the conduct of the special assessment of working conditions, shall notify the organisation that conducted the special assessment of working conditions thereof by any available means that allows the fact of such notification to be confirmed, and shall also send to its address a copy of the approved report on the conduct of the special assessment of working conditions by registered mail with acknowledgement of receipt or in the form of an electronic document signed with an enhanced qualified electronic signature. Where the report on the conduct of the special assessment of working conditions contains information constituting a state secret or another secret protected by law, the copy of that report is sent subject to the requirements of the legislation of the Russian Federation on state secrets and other secrets protected by law.
6. The employer, subject to the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state secrets and other secrets protected by law, organises the placement on its official website in the information and telecommunications network "Internet" (where such a website exists) of summary data on the results of the conduct of the special assessment of working conditions as regards the establishment of classes (sub-classes) of working conditions at workplaces and of the list of activities to improve the working conditions and labour protection of the employees at whose workplaces the special assessment of working conditions was conducted, no later than within thirty calendar days from the day of approval of the report on the conduct of the special assessment of working conditions.
1. Where similar workplaces are identified, the special assessment of working conditions is conducted in respect of 20 per cent of the total number of such workplaces (but not fewer than two workplaces), and its results are applied to all similar workplaces.
2. One card of the special assessment of working conditions is completed for similar workplaces.
3. A single list of activities to improve the working conditions and labour protection of employees is developed in respect of similar workplaces.
4. The special assessment of working conditions at workplaces with territorially changing working zones, where a working zone is deemed to be a part of the workplace, equipped with the necessary means of production, in which one employee or several employees perform similar work or technological operations, is conducted by preliminarily determining the typical technological operations characterised by the presence of the same harmful and (or) hazardous production factors and subsequently assessing the exposure of employees to these factors in the performance of such work or operations. The time of performance of each technological operation is determined by the expert of the organisation conducting the special assessment of working conditions on the basis of local regulatory acts, by interviewing employees and their immediate supervisors, and by timekeeping.
5. Where, in the course of the conduct of the special assessment of working conditions, at least one workplace not conforming to the attributes of similarity established by Article 9 of this Federal Law is identified among the workplaces previously recognised as similar, the special assessment of working conditions is conducted at all workplaces previously recognised as similar.
1. An unscheduled special assessment of working conditions shall be conducted in the following cases: 1) the commissioning of newly organised workplaces; 2) receipt by the employer of a directive of a state labour inspector to conduct an unscheduled special assessment of working conditions in connection with violations, identified in the course of federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law provisions, of the requirements of this Federal Law or of the state regulatory requirements for labour protection contained in federal laws and other regulatory legal acts of the Russian Federation; 3) a change in the technological process or the replacement of production equipment that are capable of affecting the level of exposure of employees to harmful and (or) hazardous production factors; 4) a change in the composition of the materials and (or) raw materials used that are capable of affecting the level of exposure of employees to harmful and (or) hazardous production factors; 5) a change in the personal and collective protective equipment used that is capable of affecting the level of exposure of employees to harmful and (or) hazardous production factors; 6) an industrial accident that has occurred at the workplace (except for an industrial accident that has occurred through the fault of third parties) or an identified occupational disease, the causes of which were the exposure of the employee to harmful and (or) hazardous production factors; 7) the existence of reasoned proposals of the elected bodies of primary trade union organisations or of another representative body of employees to conduct an unscheduled special assessment of working conditions, including proposals prepared on the basis of the comments and objections of an employee concerning the results of the special assessment of working conditions conducted at his workplace, submitted in writing to the elected body of the primary trade union organisation or other representative body of employees in accordance with paragraph 4 of part 1 of Article 5 of this Federal Law.
2. An unscheduled special assessment of working conditions is conducted at the relevant workplaces within twelve months from the day of occurrence of the cases specified in paragraphs 1 and 3 of part 1 of this Article, and within six months from the day of occurrence of the cases specified in paragraphs 2, 4 - 7 of part 1 of this Article.
3. In the event of a change of the first name, surname or patronymic (where available) of an employer that is an individual entrepreneur, the reorganisation of an employer that is a legal entity or a change of the name of a workplace, where this has not entailed the occurrence of the grounds for conducting an unscheduled special assessment of working conditions provided for by paragraphs 3 - 5 and 7 of part 1 of this Article, the unscheduled special assessment of working conditions need not be conducted. The decision not to conduct an unscheduled special assessment of working conditions shall be taken by the commission.
4. Where an unscheduled special assessment of working conditions is conducted in the case provided for by paragraph 2 of part 1 of this Article, for the period until the approval of the report on its conduct, any worsening of the position of the employees engaged at the workplaces in respect of which the unscheduled special assessment of working conditions is being conducted, as regards the guarantees and compensations provided to them for work in harmful and (or) hazardous working conditions, in comparison with their position before the conduct of the special assessment of working conditions whose results were obtained with violations of the requirements of this Federal Law, shall not be permitted.
1. Information on the results of the conduct of the special assessment of working conditions, including in respect of workplaces the working conditions at which are declared as conforming to the state regulatory requirements for labour protection, shall be transferred to the record-keeping information system, except for information constituting a state secret or another secret protected by law, subject to the requirements of the legislation of the Russian Federation on personal data. The duty to transfer the results of the conduct of the special assessment of working conditions rests with the organisation conducting the special assessment of working conditions.
2. The objects of recording in the recording information system are the following information: 1) in respect of the employer: (a) full name; (b) location and place of activity; (c) taxpayer identification number; (c.1) code of the reason for registration with the tax authority; (d) principal state registration number; (e) code under the All-Russian Classifier of Types of Economic Activity; (f) the number of workplaces; (g) the number of workplaces at which a special assessment of working conditions has been conducted; (h) the distribution of workplaces by classes (subclasses) of working conditions; 2) in respect of the workplace: (a) the individual number of the workplace, which, in the event of an unscheduled and (or) repeat special assessment of working conditions, shall fully match the number initially indicated for the given workplace; (b) the occupation code of the employee or employees engaged at the given workplace, in accordance with the All-Russian Classifier of Workers' Occupations, Employees' Positions and Wage Grades; (c) the insurance number of the individual personal account of the employee or employees engaged at the given workplace; (d) the number of employees engaged at the given workplace; (e) the class (subclass) of working conditions at the given workplace, as well as the class (subclass) of working conditions in respect of each harmful and (or) hazardous production factor, indicating their names, their units of measurement, the measured values, the corresponding standards (hygiene standards) for working conditions, the duration of exposure of the employee to those harmful and (or) hazardous production factors, and information on the lowering of the class (subclass) of working conditions on the basis of an assessment of the effectiveness of personal protective equipment, including the details of the protocol of the assessment of the effectiveness of the personal protective equipment used by employees engaged at workplaces with harmful working conditions and having passed mandatory certification in accordance with the procedure established by the technical regulation, such assessment being conducted to lower the class (subclass) of working conditions (where such an assessment has been conducted); (f) the basis for the formation of the rights of employees engaged at the given workplace to early assignment of an old-age insurance pension (where such rights exist); (g) information on industrial accidents that have occurred over the last five years and on occupational diseases identified in employees engaged at the given workplace; (h) information on the quality of the results of the conduct of the special assessment of working conditions (conformity or non-conformity of the results of the conduct of the special assessment of working conditions with the requirements of this Federal Law, where an expert examination of the quality of the special assessment of working conditions has been conducted); (i) information on the adoption, by the federal executive body authorised to carry out federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law provisions, of a decision to terminate the validity of the declaration of conformity of working conditions with state regulatory labour protection requirements; 3) in respect of the organisation that conducted the special assessment of working conditions: (a) full name; (b) the registration number of the entry in the register of organisations conducting special assessment of working conditions; (c) taxpayer identification number; (d) principal state registration number; (e) information on the accreditation of the testing laboratory (centre) in the national accreditation system, including the unique number of the accreditation entry of the testing laboratory (centre) in the register of accredited persons; (f) information on the experts of the organisation that conducted the special assessment of working conditions who took part in conducting it, including surname, first name, patronymic, position and the registration number of the entry in the register of experts of organisations conducting special assessment of working conditions; (g) information on the measuring instruments used by the testing laboratory (centre), including the name of the measuring instrument and its number in the Federal Information Fund for Ensuring the Uniformity of Measurements, the serial number of the measuring instrument, the expiry date of its verification, the date of the measurements, and the names of the harmful and (or) hazardous production factors measured; (h) the information provided for by part 1.1 of Article 19 of this Federal Law.
3. An organisation conducting special assessment of working conditions transfers to the recording information system, within ten working days of the date of approval of the report on its conduct, the information provided for by part 2 of this Article, in the form of an electronic document signed with an enhanced qualified electronic signature. That organisation shall, within three working days of the date of entry of the information in the recording information system, notify the employer thereof in hard copy by registered post with acknowledgement of receipt or in the form of an electronic document signed with an enhanced qualified electronic signature, enclosing copies of supporting documents, and shall also send to the employer, in the form of an electronic document, the information provided for by part 2 of this Article that was transferred to the recording information system.
4. In the event of failure by an organisation conducting special assessment of working conditions to perform the duties provided for by parts 1 and 3 of this Article, the employer may transfer to the territorial body of the federal executive body authorised to carry out federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law provisions, including in electronic form, the information at its disposal in respect of the objects of recording specified in part 2 of this Article.
5. In the case specified in part 4 of this Article, the territorial body of the federal executive body authorised to carry out federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law provisions transfers to the recording information system, in the form of an electronic document signed with an enhanced qualified electronic signature, the information in respect of the objects of recording specified in part 2 of this Article.
6. The information contained in the recording information system is used by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere, by the federal service subordinate to it and the state extra-budgetary funds coordinated by it, by the tax authorities, and also by the federal executive body exercising the functions of organising and carrying out federal state sanitary and epidemiological control (supervision), by the executive bodies of the constituent entities of the Russian Federation in the field of labour protection and by insurers for the purposes specified in Article 7 of this Federal Law.
7. The procedure for generating, storing and using the information contained in the recording information system, including the procedure for assigning an identification number to a special assessment of working conditions, is established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere.
8. The participants in information interaction shall maintain the confidentiality of the information contained in the recording information system and shall ensure the protection of that information against unauthorised access in accordance with the legislation of the Russian Federation.
9. The operator of the recording information system is the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere.
1. An organisation conducting special assessment of working conditions shall meet the following requirements: 1) indication in the organisation's constituent documents of the conduct of special assessment of working conditions as its principal type of activity or one of its types of activity; 2) the presence in the organisation of at least five experts working under an employment contract who have passed attestation for the right to perform work on special assessment of working conditions, including at least one expert with a higher education in one of the following specialities - general hygiene, occupational hygiene, sanitary and hygiene laboratory testing; 3) the presence, as a structural subdivision, of a testing laboratory (centre) that is accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system and whose scope of accreditation covers the conduct of studies (tests) and measurements of the harmful and (or) hazardous factors of the working environment and the labour process provided for by paragraphs 1 - 11 and 15 - 23 of part 3 of Article 13 of this Federal Law, taking into account the requirements established by part 4 of Article 12 of this Federal Law. 1.1. In the event of a change in the composition of the experts who have passed attestation for the right to perform work on special assessment of working conditions, the organisation conducting special assessment of working conditions sends, within ten working days of the date of such change, the relevant information via the recording information system, in the form of an electronic document signed with an enhanced qualified electronic signature, enclosing copies of supporting documents, to the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere. 1.2. Information on the reduction, in accordance with the established procedure, of the scope of accreditation of a testing laboratory (centre) that is a structural subdivision of an organisation conducting special assessment of working conditions is sent to the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere by the national accreditation body using the interdepartmental electronic interaction system in accordance with the procedure established by the Government of the Russian Federation. 1.3. Where facts of non-compliance with the requirements established by part 4 of Article 12 of this Federal Law and part 1 of this Article are identified, the activity of the organisation conducting special assessment of working conditions is suspended until the violations identified have been remedied and copies of documents confirming remedy of the violations identified have been submitted to the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere.
2. An organisation conducting special assessment of working conditions may conduct studies (tests) and measurements of the harmful and (or) hazardous factors of the working environment and the labour process provided for by paragraphs 12 - 14 and 24 of part 3 of Article 13 of this Federal Law independently, where the conduct of studies (tests) and measurements of those factors falls within the scope of accreditation of its testing laboratory (centre), or engage, under a civil law contract, testing laboratories (centres) accredited by the national accreditation body in accordance with the legislation of the Russian Federation on accreditation in the national accreditation system to conduct studies (tests) and measurements of those factors.
3. The procedure for admitting organisations to the activity of conducting special assessment of working conditions, for their registration in the register of organisations conducting special assessment of working conditions, and for suspending and terminating the activity of conducting special assessment of working conditions is established by the Government of the Russian Federation.
1. Persons who have passed attestation for the right to perform work on special assessment of working conditions and information on whom has been entered in the register of experts of organisations conducting special assessment of working conditions may be admitted to work as experts of an organisation conducting special assessment of working conditions, which is confirmed by an expert certificate (an extract from the register of experts of organisations conducting special assessment of working conditions), which is generated automatically by means of the recording information system and certifies the right to perform work on special assessment of working conditions as at the date of its generation.
2. Attestation for the right to perform work on special assessment of working conditions, and the annulment of such attestation, are carried out by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere in accordance with the procedure established by the Government of the Russian Federation.
3. Persons meeting the following requirements may be admitted to attestation: 1) possession of higher education; 2) possession of additional professional education, the content of the additional professional programme of which provides for the study of matters of assessment of working conditions for at least seventy-two hours; 3) possession of practical work experience in the field of assessment of working conditions, including in the field of attestation of workplaces for working conditions, of at least three years.
4. Repealed as of 1 September 2023. - Federal Law No. 381-FZ of 24 July 2023.
1. The federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere forms and maintains the register of organisations conducting special assessment of working conditions (hereinafter referred to as the register of organisations) and the register of experts of organisations conducting special assessment of working conditions (hereinafter referred to as the register of experts).
2. The procedure for forming and maintaining the register of organisations is established by the Government of the Russian Federation.
3. The procedure for forming and maintaining the register of experts, including the procedure for entering a record of attestation or of its annulment, as well as the form of the expert certificate (extract from the register of experts), is established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere.
4. The following information is entered in the register of organisations: 1) the full name of the organisation, its location, and the names and locations of the organisation's branches and representative offices (if any); 2) taxpayer identification number; 3) principal state registration number; 4) the registration number of the entry in the register of organisations; 5) the date of entry of the information on the organisation in the register of organisations; 6) the date of adoption of the decision to suspend the organisation's activity as an organisation conducting special assessment of working conditions and the grounds for adopting such a decision; 7) the date of adoption of the decision to resume the organisation's activity as an organisation conducting special assessment of working conditions and the grounds for adopting such a decision; 8) the date of adoption of the decision to terminate the organisation's activity as an organisation conducting special assessment of working conditions and the grounds for adopting such a decision.
5. The following information is entered in the register of experts: 1) the expert's surname, first name and patronymic (if any); 2) the unique number of the attestation record in the register of experts, the date of its entry, and the expiry date of the attestation; 3) the field or fields of activity within which the expert may perform work on conducting special assessment of working conditions; 4) the date of annulment of the attestation.
6. The information specified in parts 4 and 5 of this Article shall be posted on the official website of the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere on the "Internet" information and telecommunications network and shall be accessible for review by all interested persons free of charge.
1. Organisations conducting special assessment of working conditions and experts of organisations conducting special assessment of working conditions are independent and are guided in their activity exclusively by the requirements of the Labour Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation regulating special assessment of working conditions.
2. Special assessment of working conditions may not be conducted by: 1) officials of executive bodies authorised to exercise state control (supervision) in the established field of activity or to conduct state expert examination of working conditions; 2) organisations whose heads and other officials are founders (participants) of the legal entities (employers) at whose workplaces the special assessment of working conditions is conducted, or officials of such organisations responsible for the organisation and conduct of the special assessment of working conditions; 3) organisations whose heads and other officials are closely related by blood or marriage (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents and children of spouses, and spouses of children) to the founders (participants) of the legal entities (employers) at whose workplaces the special assessment of working conditions is conducted, or to officials of such organisations responsible for the organisation and conduct of the special assessment of working conditions; 4) organisations in respect of the legal entities (employers) at whose workplaces the special assessment of working conditions is conducted and for which such organisations are founders (participants), in respect of subsidiaries, branches and representative offices of those legal entities (employers), as well as in respect of legal entities (employers) having founders (participants) in common with such an organisation; 5) experts who are founders (participants) of the legal entities (employers) at whose workplaces the special assessment of working conditions is conducted, heads of such organisations or officials of such organisations responsible for the organisation and conduct of the special assessment of working conditions; 6) experts who are closely related by blood or marriage (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents and children of spouses, and spouses of children) to the founders (participants) of the legal entities (employers) at whose workplaces the special assessment of working conditions is conducted, to the heads of such organisations or to officials of such organisations responsible for the organisation and conduct of the special assessment of working conditions.
3. The procedure for and amount of payment for the performance of work and the provision of services by organisations conducting special assessment of working conditions are determined by civil law contracts and may not depend on the fulfilment of any requirements of employers and (or) their representatives regarding the results of the conduct of the special assessment of working conditions that are not provided for by this Federal Law.
4. Organisations conducting special assessment of working conditions and their experts may not perform actions entailing a conflict of interest or creating a threat of such a conflict arising (situations in which the interest of the organisation conducting the special assessment of working conditions or of its expert affects or may affect the results of the conduct of the special assessment of working conditions).
5. Violation by an organisation conducting special assessment of working conditions or by an expert of the procedure for conducting special assessment of working conditions entails administrative liability in accordance with the Code of the Russian Federation on Administrative Offences.
An organisation conducting special assessment of working conditions may, when conducting it, secure the performance of its obligations connected with the risk of property liability arising, in respect of obligations arising from the causing of damage to employers that have commissioned the special assessment of working conditions, and (or) to employees in respect of whose workplaces the special assessment of working conditions was conducted, and (or) to other persons, by concluding a contract of voluntary insurance of such liability.
1. Expert examination of the quality of special assessment of working conditions is carried out by the executive bodies of the constituent entities of the Russian Federation in the field of labour protection within the framework of the state expert examination of working conditions provided for by the Labour Code of the Russian Federation.
2. Expert examination of the quality of special assessment of working conditions is carried out: 1) upon submissions of the territorial bodies of the federal executive body authorised to carry out federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law provisions, in connection with the conduct of activities of state control (supervision) over compliance with the requirements of this Federal Law, including on the basis of applications from employees, trade unions, their associations, other representative bodies authorised by employees, accident investigation commissions, as well as employers, their associations, insurers, executive bodies and organisations that conducted the special assessment of working conditions; 2) upon applications from employees, trade unions, their associations, other representative bodies authorised by employees, accident investigation commissions, as well as employers, their associations, insurers, executive bodies and organisations that conducted the special assessment of working conditions, submitted directly to the body authorised to conduct expert examination of the quality of special assessment of working conditions in accordance with part 1 of this Article; 3) upon submissions of the federal executive body exercising the functions of organising and carrying out federal state sanitary and epidemiological control (supervision), in connection with the conduct of activities of state control (supervision) over compliance with the requirements of the legislation in the field of ensuring the sanitary and epidemiological welfare of the population.
3. Expert examination of the quality of special assessment of working conditions on the ground specified in paragraph 2 of part 2 of this Article is conducted on a paid basis at the applicant's expense. Methodological recommendations on determining the amount of the fee for conducting expert examination of the quality of special assessment of working conditions are approved by the federal executive body authorised by the Government of the Russian Federation.
4. Disagreements on matters of the conduct of expert examination of the quality of special assessment of working conditions and on the results of its conduct are considered by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere, taking into account the requirements of Federal Law No. 210-FZ of 27 July 2010 "On the Organisation of the Provision of State and Municipal Services". Such disagreements are accepted for consideration within a period not exceeding the period of validity of the results of the special assessment of working conditions in respect of which the disagreements were received. 4.1. Disagreements on matters of the conduct of expert examination of the quality of special assessment of working conditions, received where a decision of a judicial body that has entered into legal force has been adopted on the basis of the results of the contested expert examination of the quality of the special assessment of working conditions, are not considered.
5. The procedure for conducting expert examination of the quality of special assessment of working conditions and the procedure for considering disagreements on matters of the conduct of such expert examination are established by the federal executive body authorised by the Government of the Russian Federation.
6. The results of the conduct of expert examination of the quality of special assessment of working conditions and of the consideration of disagreements on matters of the conduct of that expert examination and on the results of its conduct are binding on all participants in the special assessment of working conditions, including the parties in disagreement, and shall be transferred to the recording information system in accordance with the procedure established by part 3 of Article 18 of this Federal Law. The duty to transfer the results of the conduct of expert examination of the quality of special assessment of working conditions rests with the body authorised to conduct such expert examination.
7. The duty to transfer the results of the consideration of disagreements on matters of the conduct of expert examination of the quality of special assessment of working conditions and on the results of its conduct rests with the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the labour sphere.
1. Assessment of compliance with the mandatory requirements established by this Federal Law is carried out within the framework of federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law provisions.
2. Trade union control over compliance with the requirements of this Federal Law is exercised by the labour inspectorates of the relevant trade unions in accordance with the procedure established by labour legislation and the legislation of the Russian Federation on trade unions, their rights and guarantees of their activity.
1. Disagreements on matters of the conduct of special assessment of working conditions, an employee's disagreement with the results of the conduct of special assessment of working conditions at his workplace, as well as employers' complaints about actions (omissions) of an organisation conducting special assessment of working conditions are considered by the federal executive body authorised to carry out federal state control (supervision) over compliance with labour legislation and other regulatory legal acts containing labour law provisions and by its territorial bodies, whose decisions may be appealed in court.
2. An employer, an employee, the elected body of a primary trade union organisation or another representative body of employees may appeal the results of the conduct of special assessment of working conditions in court.
1. Organisations accredited, in accordance with the procedure in effect before the date of entry into force of this Federal Law, as organisations providing services in attestation of workplaces for working conditions may conduct special assessment of working conditions until the expiry of the accreditation certificates of the testing laboratories (centres) of those organisations held as at the date of entry into force of this Federal Law, but not later than 31 December 2018 inclusive. Until the date of entry into force of the federal law on accreditation in the national accreditation system, accreditation of testing laboratories (centres) is carried out in accordance with the legislation of the Russian Federation on technical regulation.
2. Organisations that are accredited, in accordance with the procedure in effect before the date of entry into force of this Federal Law, as organisations providing services in attestation of workplaces for working conditions and that include testing laboratories (centres) whose accreditation certificates expire in 2014 may conduct special assessment of working conditions without regard to the requirements established by paragraph 2 of part 1 of Article 19 of this Federal Law until 31 December 2014 inclusive.
3. The duties of experts of the organisations specified in parts 1 and 2 of this Article may be performed by persons working in those organisations under an employment contract who were admitted, in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, to work in testing laboratories (centres) as at the date of entry into force of this Federal Law, but not beyond the time limits established by parts 1 and 2 of this Article.
4. Where, before the date of entry into force of this Federal Law, attestation of workplaces for working conditions was conducted in respect of workplaces, special assessment of working conditions in respect of such workplaces need not be conducted for five years from the date of completion of that attestation, except where the circumstances specified in part 1 of Article 17 of this Federal Law arise. In that case, for the purposes defined by Article 7 of this Federal Law, the results of that attestation, conducted in accordance with the procedure in effect before the date of entry into force of this Federal Law, are used. The employer may conduct special assessment of working conditions in accordance with the procedure established by this Federal Law before the expiry of the validity of the existing results of attestation of workplaces for working conditions.
5. In respect of the workplaces specified in part 7 of Article 9 of this Federal Law, special assessment of working conditions is conducted in accordance with the general procedure provided for by this Federal Law until the federal executive body authorised by the Government of the Russian Federation establishes the specific features of conducting special assessment of working conditions at such workplaces.
6. In respect of workplaces not specified in part 6 of Article 10 of this Federal Law, special assessment of working conditions may be conducted in stages and shall be completed no later than 31 December 2018.
7. Repealed as of 1 January 2021. - Federal Law No. 136-FZ of 1 May 2016.
8. Repealed as of 1 September 2023. - Federal Law No. 381-FZ of 24 July 2023.
1. This Federal Law enters into force on 1 January 2014, except for Article 18 of this Federal Law.
2. Article 18 of this Federal Law enters into force on 1 January 2016.
3. Until 1 January 2016, the information specified in Article 18 of this Federal Law is transmitted to the federal executive body authorised to carry out federal state supervision over compliance with labour legislation and other regulatory legal acts containing labour law norms, in accordance with the procedure established by the federal executive body exercising the functions of developing and implementing state policy and regulatory legal regulation in the sphere of labour. The President of the Russian Federation