What and How Does the State Labor Inspectorate Check from March 1?
New Reality: How Mandatory Requirements are Formed
The HSE field is undergoing a massive transformation of its regulatory framework. Understanding the mechanisms for the entry into force of new rules is becoming a critical skill for a specialist. The presentation details Federal Law No. 247-FZ on mandatory requirements, which has radically changed the rules of the game. Now, any new requirements that carry a fine for violation can only come into force on two dates: March 1 or September 1, and they must be published no later than 90 days before these dates. This explains why the implementation deadlines for many documents, including the new training procedure, have been repeatedly postponed.
The speaker analyzes an important nuance: the validity period of all new mandatory requirements is limited to six years. This means that the regulatory framework will be regularly reviewed, requiring constant involvement and a proactive stance from the professional community.
How to Prepare for an Inspection: Action Algorithm
The state has moved to a new regulatory paradigm: it establishes what needs to be done, while how to implement it is determined independently by the employer in their local regulations. In this regard, Ekaterina Kuznetsova proposes a clear algorithm for preparing for inspections:
- Analysis of the Rostrud Register. It is necessary to study the official register of mandatory requirements on the agency's website and use it as a basic checklist for your enterprise.
- Checking the "White List" of Soviet Acts. Resolution No. 2467 reinstated the validity of a number of regulatory documents of the USSR and the RSFSR. It is important to check which of them relate to your specifics and whether they are valid indefinitely or have a limited term.
- Studying New Checklists. Rostrud Order No. 20 approved new checklists for scheduled and documentary inspections. They clearly outline the boundaries of what an inspector can demand.
Separation of HSE and Sanitary Well-being
An important change was the conceptual separation of occupational safety and sanitary-epidemiological well-being. The speaker shows by the example of Article 212.1 of the Labor Code of the Russian Federation that SanPiN and SNiP are no longer considered state regulatory requirements for HSE. The assessment of working conditions is now based exclusively on Federal Law No. 426-FZ and Order No. 33n. This simplifies the understanding of which factors are subject to assessment for establishing guarantees and compensations.
New Responsibilities and Local Documentation
The Labor Code has consolidated new employer responsibilities, in particular, maintaining a register of regulatory legal acts containing HSE requirements in accordance with the specifics of the activity. The inspectorate will carefully check the fulfillment of this obligation. In addition, the speaker notes that although there are currently no strict requirements for the structure of HSE instructions, it is recommended to bring local enterprise standards in line with state rules to ensure uniformity.
Integration of Management Systems
Answering questions from the audience, the expert touched upon the coexistence of the Russian OSHMS and international standards such as ISO 45001. The recommendation is unambiguous: integration. Since there are currently no strict requirements for the naming of documents, the optimal solution is to incorporate the mandatory requirements of Russian legislation into a management system built according to the ISO standard.
What You Will Learn from This Webinar:
- How to properly form a register of mandatory requirements for your enterprise?
- Which Soviet regulatory acts continue to apply and how to find them?
- How do the new Rostrud checklists change the approach to preparing for inspections?
- Is it necessary to develop separate instructions for different grades of the same profession?
- How to integrate the requirements of the Labor Code of the Russian Federation into the ISO 45001 management system?