The Moscow Region State Labor Inspection reminded regional employers that from January 1st of 2021 there are new rules for labor protection in Russian Federation

Previously, the existing rules are recognized as invalid.  And from April 1st of 2021, there is a new list of harmful and hazardous production factors and works, when performing mandatory medical examinations of employees.

From April 1st of 2021, new rules come into force on which preliminary, periodic and extraordinary medical examinations of workers of harmful and hazardous industries (order of the Ministry of Health of 28.01.2021 No. 29N), and also begins to act a new list of harmful and hazardous production factors and works.  A new list of dangerous factors is approved by order of the Ministry of Labor and the Ministry of Health from 31.12.2020 No. 988N / 1420N.  The decision of the employer on the direction of the employee to the medical examination depends on the list of harmful factors and works.

Harmful factors are grouped as follows:

- chemical factors;

- biological factors;

- aerosols mainly fibrogenic action and dust;

- physical factors;

- labor process factors.

Earlier, the Ministry of Internal Affairs clarified that the employer should carry out medical examinations if harmful or dangerous labor process factors affect the employee.  In particular, the severity and tensions of labor, as well as the factors of the production environment - chemical, biological, physical, sources of which are production processes, production, including technological equipment.

Medical inspections are carried out in the following cases:

- when exceeding the maximum permissible concentrations and the maximum permissible levels of factors in the workplace, starting from the subclass of working conditions 3.1 and higher (for sections I - V, a list from the order No. 988H / 1420H);

- When performing work, which fastened in section VI list from the order No. 988n / 1420n *, regardless of the class of working conditions in the workplace.  (* Order of the Ministry of Labor and Social Protection of the Russian Federation, Ministry of Health of the Russian Federation of 31.12.2020 No. 988N / 1420N "On approval of a list of harmful and (or) hazardous production factors and works, when performing mandatory preliminary medical examinations under work  and periodic medical examinations ").

The Ministry of Internal Affairs of the Russian Federation also mentioned exceptions - allergen chemicals, chemicals dangerous for human reproductive health, chemicals with an acute directional action, carcinogens of any nature, aerosols predominantly fibrogenic action and chemicals that are not developed extremely permissible concentrations.  If there are substances in the workplace, then the preliminary and periodic inspections of the employer must be carried out regardless of the working class.

Employees are undergoing mandatory medical examinations at the expense of the employer.  At the time of medical examinations, the average earnings remains behind them (Article 185 of the Labor Code of the Russian Federation).

Mandatory medical examinations are carried out in accordance with the procedure, which is provided in Appendix 3 to the order of the Ministry of Health and Social Development of 12.04.2011 No. 302n.

In turn, the State Labor Inspectorate in the Moscow Region reminded employers to the Moscow Region that the program of preventive measures aimed at preventing violations of mandatory requirements in order to promote security in the production, preservation of the life and health of workers in the process of their work activity. 

As noted in the writing of the regional inspection of 03.22.2021, when preparing an annual audit plan of legal entities and individual entrepreneur a risk-oriented approach is applied.

Obtaining primary data on the number of organizations related to a particular class (category) of hazards occurs through an interdepartmental electronic interaction system with the Federal Tax Service of Russia and its territorial divisions.

Regional Labor Inspectorate, carrying out the state supervision in compliance with the legislation on a special assessment of working conditions (FZ, FZ dated December 28, 2013 No. 426-FZ "On a special assessment of working conditions") allocated the most common violations of the procedure for conducting the Employer.

Among them: not familiarizing the employee with the results of the implementation, violation of the procedure for the formation of the Commission on the Conduct.  In addition, the employers violates the procedure for providing guarantees and compensation for work in harmful or hazardous working conditions.

Also, the main violations include: the incorrect establishment of a class of working conditions in the workplace, the absence in the map will be guaranteed guarantees and compensation with a harmful or dangerous class working conditions, a violation of the deadlines for the transfer of information on the conduct of the implementation of the results of a special assessment of working conditions in the Federal State Information System  or not providing these information.

According to Art.  225 TK RF All employees, including managers of organizations and individuals, are obliged to undergo labor protection and testing of knowledge in this area according to the Decree of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation of January 13, 2003 No. 1/29.

Attention!  In connection with the entry into force of the new rules for labor protection, the employer is obliged to hold an unscheduled briefing in 2021 and an extraordinary verification of knowledge of labor protection claims, regardless of the period of the previous check.

For admission to the employee, administrative responsibility under Part 3 of Article 5.27.1 of the Administrative Code of the Russian Federation is provided for the admission of an employee to fulfill their duties.

At the same time, members of the employer's commission should also undergo training in organizations engaged in the training of employers and employees.

The results of an extraordinary test of knowledge in the field of labor protection are made up by a protocol with an indication of the type of verification - "extraordinary".

Work should also be organized to actualization of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of the organization's activities - instructions, training programs, information materials for informing workers about the conditions and protection of labor in workplaces, on the risk of health damage, information about  new profile rules that regulate the activities of employees.

The Ministry of Economic Development of the Russian Federation also recalled that the State Inspector in the implementation of control and supervisory measures from 01/01/2021 is not entitled to check the execution of requirements that have lost strength and included in the checklists.

You can get acquainted with the list of 40 new labor protection rules here.