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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 28, 2013 No. 426-FZ

About special assessment of working conditions

(The last edition from 27-12-2018)

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.

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;

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