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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 28, 2013 No. 426-FZ

About special assessment of working conditions

(as amended on 27-12-2019)

Accepted by the State Duma of the Russian Federation on December 23, 2013

Approved by Council of the Russian Federation on December 25, 2013

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. Subject of regulation of this Federal Law are the relations arising in connection with carrying out special assessment of working conditions and also with realization of obligation of the employer on safety of workers in the course of their labor activity and the rights of workers to the workplaces conforming to the state normative requirements of labor protection.

2. This Federal Law establishes legal and organizational basis and procedure for carrying out special assessment of working conditions, determines legal status, the rights, obligations and responsibility of participants of special assessment of working conditions.

Article 2. Regulation of special assessment of working conditions

1. Regulation of special assessment of working conditions is performed by the Labor Code of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation.

2. The regulations regulating special assessment of working conditions and containing in the Federal Laws and other regulatory legal acts of the Russian Federation shall meet standards of the Labor Code of the Russian Federation and this Federal Law.

3. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.

Article 3. Special assessment of working conditions

1. Special assessment of working conditions is single complex of consistently performed actions for identification of harmful and (or) dangerous factors of the production circle and labor process (further also - harmful and (or) dangerous production factors) and assessment of level of their impact on the worker taking into account variation of their actual values from the standard rates (hygienic standard rates) of working conditions established by the authorized Government of the Russian Federation federal executive body and application of means of individual and collective protection of workers.

2. By results of carrying out special assessment of working conditions classes (subclasses) of working conditions on workplaces are established.

3. Special assessment of working conditions is not carried out concerning working conditions of the home-workers, remote workers and workers who entered employment relationships with employers - the physical persons who are not individual entrepreneurs or with employers - the religious organizations registered according to the Federal Law.

4. Carrying out special assessment of working conditions concerning working conditions of the government civil servants and local government officers is regulated by the Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation on the public civil service and on municipal service.

Article 4. The rights and obligations of the employer in connection with carrying out special assessment of working conditions

1. The employer has the right:

1) to demand from the organization which is carrying out special assessment of working conditions, reasons for results of its carrying out;

2) to carry out unplanned special assessment of working conditions according to the procedure, established by this Federal Law;

3) to demand from the organization which is carrying out the special assessment of working conditions, documents confirming its compliance to requirements, stipulated in Clause to the 19th this Federal Law;

To appeal 4) according to the procedure, stipulated in Clause the 26th this Federal Law, action (failure to act) of the organization which is carrying out special assessment of working conditions;

5) to demand from the organization which is carrying out special assessment of working conditions, according to the procedure, established by this Federal Law, confirmations of entering of data on results of carrying out special assessment of working conditions into the Federal state information system of accounting of results of carrying out special assessment of working conditions (further - information system of accounting).

2. The employer shall:

1) to provide carrying out special assessment of working conditions, including unplanned special assessment of working conditions, in the cases established by part 1 of article 17 of this Federal Law;

To provide 2) to the organization which is carrying out special assessment of working conditions, necessary data, documents and information which are provided by the civil agreement specified regarding the 2nd article 8 of this Federal Law and which characterize working conditions on workplaces, and also explanations concerning carrying out special assessment of working conditions and the proposal of workers on implementation on their workplaces of identification of potentially harmful and (or) dangerous production factors (in the presence of such offers);

3) not to take any deliberate actions directed to narrowing of circle of the questions which are subject to examination when carrying out special assessment of working conditions and influencing results of its carrying out;

4) to acquaint in writing the worker with results of carrying out special assessment of working conditions on its workplace;

5) to make to the worker necessary explanations concerning carrying out special assessment of working conditions on its workplace;

6) to realize the actions directed to improvement of working conditions of workers taking into account results of carrying out special assessment of working conditions;

7) to consider notes and the worker's objections concerning results of special assessment of working conditions submitted in writing according to item 4 of part 1 of article 5 of this Federal Law and to make the decision on carrying out in case of need unplanned special assessment of working conditions.

Article 5. The rights and the worker's obligations in connection with carrying out special assessment of working conditions

1. The worker has the right:

1) to be present when carrying out special assessment of working conditions at its workplace;

2) to address the employer, his representative, the organization which is carrying out special assessment of working conditions, to the expert of the organization which is carrying out special assessment of working conditions (further also - the expert), with offers on implementation on its workplace of identification of potentially harmful and (or) dangerous production factors and for receipt of explanations concerning carrying out special assessment of working conditions on its workplace;

3) to appeal results of carrying out special assessment of working conditions on its workplace according to article 26 of this Federal Law;

To represent 4) to the employer, the organization which is carrying out special assessment of working conditions and (or) to elected body of primary trade-union organization or other representative body of workers (in the presence) in writing notes and objections concerning results of the special assessment of working conditions which is carried out on its workplace.

2. The worker shall get acquainted with results of the special assessment of working conditions which is carried out on its workplace.

Article 6. The rights and obligations of the organization which is carrying out special assessment of working conditions

1. The organization which is carrying out special assessment of working conditions has the right:

1) to refuse according to the procedure, established by this Federal Law, carrying out special assessment of working conditions if in case of its carrying out there arose or can be threat of life or to health of employees of such organization;

To appeal 2) in accordance with the established procedure instructions of officials of the federal executive body authorized on carrying out federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right, and its territorial authorities.

2. The organization which is carrying out special assessment of working conditions shall:

To provide 1) upon the demand of the employer, the representative of elected body of primary trade-union organization or other representative body of workers of reasons for results of carrying out special assessment of working conditions, and also to make to workers explanations concerning carrying out special assessment of working conditions on their workplaces;

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