Russia: Clarification on medical examination requirement for employees

Federal Labour and Occupation Service (RosTrud) has published a clarification on the necessity of organizing a preliminary and subsequent regular medical examinations for employees.

Medical examinations are regulated by Order No. 302n that also lists types of working conditions and occupational exposure that are considered as harmful or hazardous.

Exposure to certain harmful factors specified in the list only requires medical examinations if working conditions at the relevant workplace are classified as “harmful”. This classification is only possible as a result of Workplace Risk Assessment (the SOUT).  SOUT is compulsory for all workplaces and for all employers.

Therefore, Rostrud is of the opinion that employers do not have to organize medical examinations for employees if workplaces and working conditions of such employees have not been classified (as a result of a SOUT) as harmful or hazardous but rather as “permissible” or “optimal”.

It is important to note, however that the opinion of Rostrud is not considered as interpretation of regulatory requirements and the courts do not have to follow it when making their decisions. 

Law: Letter of Rostrud dated 28 February 2017 No. ТЗ/942-03-3