Summary/citation: Pursuant to Article 5 of the Labour Code of the Russian Federation, labour relations and other directly linked relations are regulated according to the Constitution of Russia and federal constitutional laws, by labour legislation (including legislation on occupational safety and health) which consists of:
- the Labour Code,
- other federal laws on labour,
- laws the Russian Federation subjects containing labour provisions,
- decrees of the President of Russia,
- regulations of the Government of Russia,
- regulations of the federal executive authority bodies,
- regulations of the executive power bodies of the Russian Federation subjects,
- regulations of local self-government bodies.
The Acts of the Government and normative legal acts of the federal executive authority bodies contain OSH provisions. The OSH provisions include safety standards, rules and model instructions on occupational health, state sanitary-epidemiological rules and norms. These are issued by the Ministry of Labour and Social Protection of the Russian Federation after their consideration at a meeting of the Russian Tripartite Commission on the Regulation of Social and Labour Relations.
The Government establishes the requirements relating to the drafting, approval and modification of regulations on OSH.
The Constitution is on the top of the hierarchy of sources of law. In the sphere of OSH, it stipulates that “the labour and health of people shall be protected” (art. 7) and provides for “the right to labour conditions meeting the safety and hygiene requirements” (art. 37). Article 41 of the Constitution establishes that “the concealment by officials of facts and circumstances posing a threat to the life and health of people shall entail responsibility according to federal law”.
The Labour Code of 30 December 2001 is the main law on occupational safety and health. The aims of the Labour Code are to establish state guarantees of labor rights and freedoms of citizens, to create favourable working conditions, and to protect the rights and interests of workers and employers. According to the Labour Code, one of the basic principles of legal regulation of labor relations is to ensure the right of every worker to fair working conditions, including the working conditions which meet the requirements of occupational safety and health. Chapters 33 – 36 in Section X of the Labour Code are dedicated to occupational safety and health. Chapter 57 of the Labour Code establishes the basic powers, rights and duties related to the system of labour inspection. Moreover, the Labour Code provides for guarantees and compensations for workers employed in harmful or dangerous conditions, and rules on working time and rest periods.
Labour relations and other directly linked relations are also regulated by collective agreements and local normative legal acts containing labour law norms. Concerning the hierarchy of legislative acts, Article 5 of the Code provides that labour law norms contained in other federal laws must conform to the Labour Code and in case of conflict between this Code and another federal law containing labour law norm the Labour Code must be applied.
Legal provisions on protection of workers from specific occupational risks or hazards are contained in various separate legislative enactments such as: the Federal Act on Safe Handling of Pesticides and Agrochemicals, the Federal Act on Radiation Safety of Population, the Federal Act on Prevention of Spread in the Russian Federation of the Disease Caused by the Human Immunodeficiency Virus (HIV Infection), and the Federal Act on Fire Safety. The Code on Administrative Offences and the Penal Code of Russia provide for adequate penalties for violations of the laws and regulations concerning occupational safety and health.
On the level of the enterprise, the employer has to adopt rules and instructions on occupational health, which shall be drafted on the basis of cross-industry or sectorial model regulations on occupational health.
Remarks / comments: The Russian Federation includes the following subjects of the Russian Federation:
Republic of Adygeya, Republic of Altai, Republic of Bashkortostan, Republic of Buryatia, Republic of Daghestan, Republic of Ingushetia, Kabardino-Balkarian Republic, Republic of Kalmykia, Karachayevo-Circassian Republic, Republic of Karelia, Komi Republic,Republic of Crimea, Republic of Mari El, Republic of Mordovia, Republic of Sakha (Yakutia), Republic of North Ossetia - Alania, Republic of Tatarstan, Republic of Tuva, Udmurtian Republic, Republic of Khakassia, Chechen Republic, Chuvash Republic;
Altai Territory, Trans-Baikal Territory, Kamchatka Territory, Krasnodar Territory, Krasnoyarsk Territory, Perm Territory, Primorye Territory, Stavropol Territory, Khabarovsk Territory;
Amur Region, Arkhangelsk Region, Astrakhan Region, Belgorod Region, Bryansk Region, Chelyabinsk Region, Ivanovo Region, Irkutsk Region, Kaliningrad Region, Kaluga Region, Kemerovo Region, Kirov Region, Kostroma Region, Kurgan Region, Kursk Region, Leningrad Region, Lipetsk Region, Magadan Region, Moscow Region, Murmansk Region, Nizhny Novgorod Region, Novgorod Region, Novosibirsk Region, Omsk Region, Orenburg Region, Orel Region, Penza Region, Pskov Region, Rostov Region, Ryazan Region, Samara Region, Saratov Region, Sakhalin Region, Sverdlovsk Region, Smolensk Region, Tambov Region, Tomsk Region, Tver Region, Tula Region, Tyumen Region, Ulyanovsk Region, Vladimir Region, Volgograd Region, Vologda Region, Voronezh Region, Yaroslavl Region;
Moscow, St. Petersburg, Sevastopol - cities of federal importance;
• Federal Law N 426-FZ "On a special assessment of working conditions" as amended 20131230
• Regulations of the drafting, approval and modification of normative legal acts containing state regulatory requirements of labour protection, approved by the Decree of the Government of the Russian Federation of December 27, 2010 N 1160 20110110
• Decree of the Ministry of Labour and Social Development of the Russian Federation N 290H, adopted 01.06.2009 On approval of the Inter-industry regulations of provisions of employees with special clothing, special footwear and other personal protective equipment as amended 20090925
• Labour Code of the Russian Federation of 30 December 2001, as amended.
• Administrative Offenses Code of 30 December 2001 (Text No. 1).
• Federal Act of the Russian Federation on Safe Handling of Pesticides and Agrochemicals, No. 109-FZ of July 19 1997
• Act No. 3 of 9 January 1996 on protection of the population from radiation (Text No. 141).
• Penal Code No. 63-FZ of 13 June 1996 (consolidation).
• Act No. 38-FZ of 30 March 1995 on the prevention of the spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV Infection) (consolidation).
• Act No. 69-FZ on protection against fire (Text No. 3649).
• The Constitution of the Russian Federation (with the Amendments and Additions of December 30, 2008)