Occupational Health and Safety Regulations in Belarus
1) Is the employer required to conduct regular workplace risk assessments?
Yes. The employer is obliged to ensure the safety of working conditions and inform employees about existing risks, conduct workplace certification, and also develop, implement, and maintain an occupational health and safety management system. This system must include hazard identification, occupational risk assessment, determination of risk control measures, and analysis of their effectiveness (Labor Code, Article 17 of the Law "On Occupational Safety"). Risk assessment is carried out systematically; the specific frequency and procedure for conducting it are not directly established by law and are determined by the employer, taking into account the specifics of the production process.
2) Is the employer required to provide PPE free of charge if the risk cannot be eliminated otherwise?
Yes. The employer is obliged to provide employees free of charge with personal protective equipment for work in harmful and/or hazardous working conditions, as well as for work involving contamination or carried out in unfavorable temperature conditions (Article 28 of the Law "On Occupational Safety"). The issuance of PPE and the procedure for its maintenance are regulated by the standards of the Ministry of Labor and Social Protection.
3) Can the employer charge the employee for PPE?
No. Providing employees with personal protective equipment is a direct obligation of the employer and must be funded at their own expense (Labor Code, Article 28 of the Law "On Occupational Safety"). Legislation also allows for situations in which employees may purchase PPE themselves, but with subsequent compensation from the employer for the costs incurred.
4) Is the employer required to investigate and record all workplace accidents?
No. The employer is only required to investigate and record accidents that occurred with employees during working hours (including special breaks), rest and meal breaks, as well as during periods before the start and after the end of work (job execution), in certain cases specified by legislation (Clause 4 of the Rules approved by the Resolution of the Council of Ministers of the Republic of Belarus No. 30 dated January 15, 2004).
5) Can the employer skip the evacuation plan if they believe the likelihood of an emergency is low?
No. The employer is required to develop a fire evacuation plan for each floor of a building or structure if more than 10 people may be present on that floor at the same time. The procedure for developing and approving the evacuation plan is defined in the General Requirements approved by the Decree of the President of the Republic of Belarus No. 7 dated November 23, 2017 "On Business Development."
6) Can the employer replace mandatory medical examinations with a verbal health inquiry?
No. The employer is obliged to organize mandatory medical examinations for employees in accordance with the procedure established by law (Labor Code, Article 17 of the Law "On Occupational Safety," sanitary and epidemiological requirements of the Republic of Belarus). The employer is also required to request documents confirming that employees have undergone medical examinations if such documents are necessary for performing specific types of work (or providing services).
7) Is the employer required to notify the labor inspectorate about serious and fatal accidents?
Yes. In the event of an workplace accident with serious consequences, the employer must notify the relevant territorial division of the Department of State Labor Inspection of the Ministry of Labor and Social Protection no later than the working day following the day the injury severity was confirmed. In the case of a fatal accident, notification must be given no later than two hours from the moment the employer becomes aware of the incident (Clause 48 of the Rules approved by the Resolution of the Council of Ministers of the Republic of Belarus No. 30 dated January 15, 2004).
8) Can an employee refuse to perform dangerous work without risk of penalty?
Yes. An employee has the right to refuse to perform assigned work if there is an immediate danger to their life or health or that of others until the danger is eliminated, as well as if they are not provided with personal protective equipment that directly ensures workplace safety (Article 11 of the Law "On Occupational Safety"). The employee must follow the proper procedure for formally documenting such a refusal.
9) Is the employer required to investigate and record all workplace accidents?
Yes. The employer is obliged to investigate and record workplace accidents and incidents at hazardous production facilities, as well as to develop and implement measures to prevent and avoid them (Article 17 of the Law "On Occupational Safety"). The procedure for investigating and recording workplace accidents is established by the Government of the Republic of Belarus.
Author: Diana Arabina