19.02.2014 Alina Kozmina, Vyacheslav Suyazov, associates at Maxima Legal

Working conditions shall be evaluated under new procedure

Federal Law of the Russian Federation No. 426-FZ "On special evaluation of working conditions" dated 28 December, 2013 became effective on 1 January, 2014 (hereinafter -  the "Law").  

The Law was enacted since it became necessary to create a better procedure for evaluation of working conditions at workplaces instead of current workplace assessment (attestation).

According to the Law special evaluation of working conditions means a package of measures related to the identification of dangerous and hazardous working environment and work flow factors and assessment of level of their influence on the employee.

Procedure of special evaluation of working conditions is set forth in detail in chapter 2 of the Law.  The procedure shall be carried out in cooperation with employer and organizations engaged in evaluation of working conditions, moreover employer is liable to finance such a procedure.

With respect to those workplaces where no dangerous and/or hazardous working environment factors are found, employer shall draw up a compliance declaration (compliance of working conditions with state work safety regulatory requirements) and file thereof with local bodies of the Federal Service for Labour and Employment.  The declaration shall be valid for 5 years.

As for liability for inobservance of the requirements of the new Law, from 1 January, 2015 Article 5.27.1 of the Administrative Offences Code of the Russian Federation will become effective, under which a breach by employer of the established procedure of special evaluation of working conditions at workplaces or a failure to conduct such a procedure will entail a penalty of up to 80 thousand roubles.
 
In summary of the foregoing it appears that the procedure for evaluation of working conditions at workplaces will become more effective upon the enactment of the Law.