New rules for special assessment of working conditions have come into force

On December 30, 2020, Russian President Vladimir Putin signed the Federal Law “On Amendments to Articles 8 and 11 of the Federal Law “On special assessment of working conditions” (hereinafter – the “Law”). The law establishes the indefinite validity of the declaration of conformity of working conditions to the state regulatory labor protection requirements in relation to workplaces:

• on which no harmful and/or hazardous production factors have been identified;
• recognized as optimal or permissible according to the results of assessment and measurements of harmful and/or hazardous production factors, if such working conditions remain at the corresponding workplace.

However, the employer will have to conduct an unscheduled re-assessment if:

• an accident has happened with an employee (except for accidents caused by third parties);
• an employee was diagnosed with an occupational disease due to exposure to harmful or hazardous production factors;
• violations of labor protection requirements were found at the workplace.

From 30.12.2020 the current declarations are considered indefinite.

Previously, the declaration of conformity was valid for 5 years. It was renewed once for the following 5 years, if during the period of its validity one of the conditions for an unscheduled special assessment was not met.

In addition, in 2021, legislators will also consider a law on new labor protection rules. On 08.12.2020 the Russian Government submitted a draft on amendments to the Labor Code to the State Duma, according to which employers may be required to perform additional functions, for example, to identify professional risks, conduct regular analyses and assessments, investigate and record micro injuries  (abrasions, bruises), and develop and approve local regulations on labor protection.