OHS Management Guidelines

LEGAL DIGEST \ 19.05.2019

The Federal Service for Labour and Employment has approved Guidelines on inspecting whether an occupational health and safety management system (“OHS Management System”) has been set up and is functioning in companies.

Employees of the labour inspectorate will use such Guidelines when they:

• investigate accidents;
• conduct unscheduled audits in connection with such accidents at production facilities.

An unscheduled audit of employers will consist of two parts:

1. A review of documents pertaining to the OHS Management System (internal regulations, ledgers, certificates, registers, etc.) which confirm compliance with statutory requirements.
2. An inspection of workplaces during which an assessment is made of whether workplaces, equipment, vehicles, territories, buildings, structures and production and technological processes meet health and safety requirements.

If any violations of employment legislation are identified, an order will be issued to employer to rectify such violations. The contents of such order will depend on its type.

Type of order	Contents
An order based on the results of accident investigation	To rectify violations that were the main reasons for the accident.To rectify violations that were ancillary reasons for the accident.
An order based on the results of unscheduled audit	To rectify violations of governmental requirements.To rectify violations of internal regulations.To rectify violations of the OHS Management System.

Please be reminded that article 5.27.1 of the Russian Code of Administrative Offences provides for administrative liability for violating occupational health and safety legislation:

• for legal entities – a fine of RUB 50,000 to RUB 80,000;
• for officers – a fine of RUB 2,000 to RUB 5,000;
• for individual entrepreneurs – a fine of RUB 2,000 to RUB 5,000.

Please contact Acsour’s experts with respect to issues of how occupational health and safety legislation should be applied.