Although this was not necessary, many employers used to conduct a special assessment of working conditions every 5 years because:
- The law on special assessment of working conditions provided that such assessment should be conducted at least once every 5 years;
- The law also provided that declarations of special assessment of working conditions were automatically extended if:
- Employees had not been involved in any accidents, or if accidents were due to third parties rather than working conditions;
- Employees had not contracted any occupational diseases due to harmful or hazardous factors;
- No violations of health and safety requirements had been identified for employees or their workplaces.
Because of this wording, even the employers who did not end up in the above situations still conducted special assessments of working conditions once every 5 years although they did not need to as their declarations were extended automatically.
The Ministry of Labor has therefore amended and worded the law as follows: “A special assessment of working conditions is to be conducted at least once every five years unless otherwise provided by this federal law. This period is calculated from the date of recording of the results of special assessment of working conditions in the information accounting system in the manner specified by this federal law, and for the results of special assessment of working conditions containing information constituting state or other secret protected by law, from the date of approval of the report on special assessment of working conditions. No repeated special assessment of working conditions is required for workplaces specified in Article 11(1) of this federal law before any of the circumstances specified in Article 11(5) of this federal law arise provided that they have a valid declaration of conformity of working conditions to state regulations on health and safety.” (Article 8(4) Federal Law N 426-FZ).
The essence of the law has not changed so if an organization has conducted a special assessment of working conditions, it will not need to do so until there is an appropriate reason for it.
We conduct special assessments of working conditions, so feel free to contact us if you would like to find out more about this service. More information about the procedures for special assessment of working conditions,.
Author
Anna Reznikova
- Head of legal practice in Labor & Migration
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