Occupational Health and Safety Regulations in Russia
1) Is the employer required to conduct regular workplace risk assessments?
Under Part 3 of Article 214 of the Labour Code of the Russian Federation, the employer is required to ensure the systematic identification of hazards and occupational risks, as well as their periodic analysis and assessment. In accordance with Article 218 of the Labour Code of the Russian Federation, as part of the operation of the occupational health and safety management system, the employer must implement systematic measures for managing occupational risks in workplaces, including the identification of hazards, assessment of risks, and reduction of their levels.
2) Is the employer required to provide PPE free of charge if the risk cannot be eliminated otherwise?
Yes. The employer is legally required to provide employees with personal protective equipment (PPE) at no cost where occupational risks cannot be eliminated by other means. This obligation is expressly set out in Article 221 of the Labour Code of the Russian Federation.
3) Can the employer charge the employee for PPE?
No. The employer may not impose upon employees any expenses related to the provision of PPE. The provision of PPE is the employer’s statutory obligation, to be fulfilled at the employer’s own expense. PPE must be issued free of charge to employees engaged in work under harmful or hazardous working conditions, or in special temperature environments.
4) Is the employer required to investigate and record all workplace accidents?
Under the Articles 227-230 of the Labour Code of the Russian Federation, an employer is required to investigate and record all accidents that occur with employees or other persons participating in the employer's production activities (e.g. students undergoing practical training). Accidents subject to investigation and recording include not only those that occur directly at the workplace, but also other incidents related to the performance of labor duties, such as accidents occurred during the travel time in a vehicle provided by the employer.
5) Can the employer skip the evacuation plan if they believe the likelihood of an emergency is low?
The occupational health and safety management system and occupational risk assessment conducted by the employer may determine the probability of an emergency as low. However, the obligation to develop evacuation plans in case of fire is established by federal legislation and does not depend on the employer's subjective assessment of the probability of an emergency.
The requirement for an evacuation plan is legally established and mandatory for facilities where there are 10 or more workplaces on each floor, as well as for facilities with mass occupancy, regardless of the assessed probability of an emergency.
Article 84 of Federal Law No. 123-FZ "Technical Regulations on Fire Safety Requirements", clause 7 of the "Fire Safety Regulations in the Russian Federation" directly prescribe:
At facilities with mass occupancy (except for residential buildings), as well as at facilities with 10 or more workplaces on a floor, the head of the organization ensures the availability of evacuation plans in case of fire.
6) Can the employer replace mandatory medical examinations with a verbal health inquiry?
No, they are not authorized to.
Preliminary and periodic medical examinations are conducted by medical organizations that are licensed to perform preliminary and periodic medical examinations (Order of the Ministry of Health of Russia dated January 28, 2021 No. 29n).
For certain categories of employees, mandatory pre-shift (pre-trip) and post-shift (post-trip) medical examinations, as well as medical examinations during the workday (shift) and before performing certain types of work, may be required.
Pre-trip and post-trip medical examinations are conducted by the employer.
7) Is the employer required to notify the labor inspectorate about serious and fatal accidents?
Yes, they are obliged to send a notification in the prescribed form within 24 hours (Article 228.1 of the Labor Code of the Russian Federation).
8) Can an employee refuse to perform dangerous work without risk of penalty?
In order to protect their labor rights, as provided for by Article 379 of the Labour Code of the Russian Federation, an employee may refuse to perform work that poses a direct threat to his/her life and health having notified the employer or immediate supervisor in writing. During the period of the refusal from the indicated work, the employee shall retain all rights provided for by the employment contract and law. When such a danger arises, the employer must provide the employee with other work for the period of its elimination. If providing the other work is impossible due to objective reasons, the employee's idle time until the threat to his/her life and health is eliminated shall be paid by the employer.
Authors: Vladislava Novokreshchenova, Aleksandra Levenkova, Vyacheslav Khorovskiy, Artem Kritskiy
