Changes in regulation of special assessment of work conditions
- Author: Anastasia Fomicheva
- Date: 30.05.2016
Lawmakers are continuing to improve the procedure for conducting special assessment of work conditions (“Special Assessment”).
Spring 2016 was marked with changes in legislative requirements to conduct the Special Assessment (Federal Law No.136-FZ “On introducing amendments to Article 11 of Federal Law ‘On individual (personal) records in compulsory retirement insurance system’” dated 01.05.2016 and Federal Law “On special assessment of work conditions” (“Law 136-FZ”), as well as with letter No.15‑1/ООG-1041 dated 14.03.2016 from the Russian Labor and Social Security Ministry (“Explanations of the Labor Ministry”).
Below please find the most significant and interesting changes regarding the procedure for holding a Special Assessment.
- I. Explanations from the Labor Ministry
The Labor Ministry explained that since normal production processes are not performed when an employee is absent, a vacant workplace cannot undergo Special Assessment.
- II. Law 136-FZ
- During the Special Assessment, employers must take employees’ opinion into account
At present, this obligation must also be fulfilled by way of mandatory submission of information on employees’ proposals on inspecting their workplaces for potentially harmful (which could lead to an employee’s illness) or hazardous (which could lead to an employee’s injury) factors of the production environment and work process (“Harmful Factors”).
- 2. Employer is obligated to notify the entity which conducted the Special Assessment, on approval of the Special Assessment report
Following the Special Assessment, the entity that conducted the Special Assessment, must prepare a report which is subject to approval by the Chairman of the Special Assessment committee. Thereafter, a copy of the said report is to be sent to the entity that conducted the Special Assessment, within 3 workdays.
We would like to particularly note that Law 136-FZ established provisions which facilitate protection of state or other secrets protected by law, including personal data when an employer performs this obligation.
- 3. Declaration on conformity of work conditions with state regulatory requirements for labor protection (the “Declaration”) now must also indicate work places where work conditions are recognized to be optimal or acceptable (except those indicated by law)
We should remind that previously the Declaration needed to contain information only on the work places where Harmful Factors were not detected.
Please note that in respect to work places where work conditions were recognized to be optimal or acceptable (except those indicated by law), an employer is obligated to submit an updated declaration specifying such work places.
- 4. List of cases is extended in which the Declaration becomes void, and an unscheduled Special Assessment is appointed
Such cases now also include detecting violations of state regulatory requirements for labor protection in respect to the employee or at his work place.
Please note that according to changes introduced by Law 136-FZ, an unscheduled Special Assessment is not mandatory in the following cases:
- reorganization of an employer legal entity;
- changes in the name of a work place which did not lead to grounds for conducting an unscheduled Special Assessment.
At the same time, it is mandatory that a decision on not holding an unscheduled Special Assessment be made by the Special Assessment committee.
- 5. In some cases, the period of Special Assessment amounts to 12 months instead of 6
Pursuant to amendments to the law, the maximum period for conducting an unscheduled Special Assessment amounts to 12 months instead of 6 in the following cases:
- when new work places are put into operation;
- when operational process or production equipment is changed, which can influence the level of employees’ exposure to Harmful Factors.
It is important to know that lawmakers are proceeding with the work on legislative acts regulating the procedure for conducting the Special Assessment. For this reason, it is recommended for employers to monitor amendments introduced to the law on a regular basis.
On July 1, 2016, Federal Law No.122-FZ “On introducing amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of Federal Law ‘On education in the Russian Federation’” dated May 2, 2015 becomes effective, establishing the procedure for applying professional standards.
We would like to remind that pursuant to the current edition of the Labor Code of the Russian Federation (the “Labor Code”), professional standard means a description of a qualification required for an employee to perform a specific type of professional activity.
Starting from July 1, 2016 application of professional standards when naming a position and requirements for employee qualification will become mandatory for employers if:
- pursuant to the Labor Code or other federal laws, execution of works under relevant positions, professions or specializations is connected with compensation and privileges, or with restrictions (Part Two Article 57 of the Labor Code); and/or
- such requirements for employee’s qualification are directly specified by the Labor Code, other federal laws or other legislative acts of the Russian Federation (Article 195.3 of the Labor Code).
In other cases, requirements provided by federal standards will continue to be of an advisory nature.
The Labor Ministry keeps a Register of professional standards, which can be accessed at the following links: http://profstandart.rosmintrud.ru/reestr-professionalnyh-standartov or http://vet-bc.ru/node/452. That provided, professional standards are not established for every position. In this connection, it is recommended for employers who will be obligated to apply professional standards, to monitor the process of development of requirements for the relevant positions, as well as to participate in public discussion of professional standards on the Labor Ministry’s web site: http://profstandart.rosmintrud.ru.
Should any questions arise in connection with the above or if you need any additional materials, please contact Anastasia Fomicheva St. Petersburg Office of Capital Legal Services.
This Information letter keeps the clients of Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this information letter shall not be deemed as legal opinions and do not cancel the need to obtain legal advice or legal opinion on separate issues.