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The Government of Russian Federation 16/01/2017 RAP/RCha/RUS/6(2017) EUROPEAN SOCIAL CHARTER 6th National Report on the implementation of the European Social Charter submitted by THE GOVERNMENT OF RUSSIAN FEDERATION Articles 3, 11, 12 and 14 for the period 01/01/2012 - 31/12/2015 Report registered by the Secretariat on 16 January 2017 CYCLE 2017 Report on the implementation of European Social Charter (revised) Articles 3, 11, 12, 14. Ministry of Labour and Social Protection of the Russian Federation. 2016. Paragraph 1 Article 3. With a view to ensuring the effective exercise of the right to safe and healthy working conditions, the Parties undertake, in consultation with employers' and workers' organization: to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The primary aim of this policy shall be to improve occupational safety and health and to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, particularly by minimizing the causes of hazards inherent in the working environment; During the report period 2010-2014 the realization of state policy in the sphere of occupational safety and health based on provisions of the Constitution, Labor Code of the Russian Federation, Federal Law № 52-FZ of 30.03.1999 "On the sanitary and epidemiological wellbeing of the population", Federal Law № 116-FZ 21.07.1997 "On industrial safety of dangerous production facilities", Federal law № 426-FZ 28.12.2013 "On special assessment of working conditions", the orders of the President and Government of the Russian Federation and it was implemented in accordance with the concept of demographic policy of the Russian Federation for the period till 2025 and other regulatory documents of the President and Government of the Russian Federation. In accordance with the concept of demographic policy of the Russian Federation for the period till 2025, the main objective of the legislative reforms of occupational safety 2010-2014 was the transition from the compensation, cost-based model of the occupational safety and health management to a modern system that allows to implement preventive (prophylactic) approaches to preservation of health and life of workers in manufacturing as well as to reduce all types of costs related to unfavorable working conditions. The reform was accompanied by a systematic review of regulations governing occupational safety aimed at improving occupational safety and health systems to prevent accidents and to minimize the causes of risks proper for working environment. In 2010-2014 the following state programs were approved: Federal target program "Overcoming the consequences of radiation accidents for the period up to 2015", Federal Target Program "Fire safety in the Russian Federation for the period up to 2017", State program of the Russian Federation "Employment promotion" (app. By the Decree of the Government of the Russian Federation № 298 04.15.2014 with the sub-programs "Active employment policy and social support for unemployed", "External labor migration" and "Development of labor market institutions," Model program for target inspection of physical protection of nuclear materials, nuclear plants and storage of nuclear materials, model program to improve working conditions and safety in the subject of the Russian Federation, Model state program of the subject of the Russian Federation (sub-programs) to improve the working conditions and safety in 2015-2017. By the end of 2014, work was undertaken to harmonize the respective program projects with all subjects of the Russian Federation. The funding is provided by the budget (regional and municipal) and extra-budgetary sources. In 2014, funding for the program was mainly performed from the funds of the regional department of the Social Insurance Fund (SIF) of the Russian Federation (42.3%), regional budgets of the subjects of the Russian Federation (36.3%), own funds of employers (18.3%). The development of federal target programs and subprograms in the sphere of industrial safety was based on program-target method established in the paragraph 5 of section II of the Regulation of the Government of the Russian Federation № 594 26.06.1995. This method involves the sequential setting of appropriate targets and development of state (national) programs aimed at their achievement. A sub-program "Development of labor market institutions" of the state program of the Russian Federation "Employment promotion" was aimed, inter alia, to preserve the health of workers and protect labor rights of citizens. To achieve these goals it was thought to create conditions for improving the quality of labor force and development of its professional mobility, to improve working conditions and enforce labor rights of citizens including increasing the effectiveness of state supervision and control over the observance of labor rights as well as maintain social stability in society. In 2016, the Ministry of Labor and Social Protection of the Russian Federation has announced the beginning of the development of the state program "Safe Work" for 2018-2025 it is introduced in the Action plan for realization of the Concept of the demographic policy of the Russian Federation for the period till 2025 in 2018-2025 in accordance the ILO's program "SafeWork". It is planned that the program to improve working conditions and safety will be aimed at reducing the risks of accidents at work and occupational diseases, improving the quality of jobs and working conditions. The main objectives of the program are reduction in mortality from preventable causes, increasing life expectancy and improving the health of the working population. The change in policy in the sphere of occupational health and safety is also reflected in the fact that in 2010-2014 the federal labor legislation was actively reformed. Thus, the section X "Occupational Safety" of the Labor Code of the Russian Federation involved significant changes aimed at integrating the provisions of the Federal Law № 426-FZ 28.12.2013 "On special assessment of working conditions" and transition from the compensation, cost-based model of the occupational safety and health management to a modern risk-oriented model and risk management system in the sphere of occupational safety and health (stipulated in the ILO Convention № 187, Concept of demographic development of the Russian Federation till 2025, Federal law № 238-FZ 18.07.2011 and Federal law № 421-FZ dd 28.12.2013) allowing to implement a proactive approach to life and health preservation of workers in the workplace as well as to reduce all types of costs related to unfavorable working conditions. In particular, the Concept of Demographic Policy for the period till 2025 provides for reduction of deaths and injuries from accidents at work and occupational diseases due to a risk-based approach i.e. due to the transition to occupational risk management system in the sphere of occupational safety and health ( including informing workers on the risks and establishment of a system to identify, assess and control these risks), as well as due to economic incentives to improve working conditions by employer. Also in the report period the Labor Code were amended, these minor changes related to the improvement of the state (municipal) control (Federal Law № 242-FZ 18.07.2011), submission and request of documents during the state expertise of working conditions (Federal Law № 169-FZ 01.07.2011), regulation of work of workers employed in underground work (Federal law № 353-FZ 30.11.2011), law on health care (Federal law № 317-FZ 25.11.2013), on education (Federal law № 185-FZ 02.07.2013), on urban planning (Federal law № 243-FZ 18.07.2011 and Federal law № 337-FZ 28.11.2011) and on ensuring the uniformity of measurements (Federal law № 303-FZ 07.11.2011). Furthermore, in 2010-2014 the Russian Federation ratified a number of the ILO Conventions including two conventions that define the state policy in the sphere of occupational health and safety: Prevention of Major Industrial Accidents Convention (№ 174) (ratified by the Federal Law № 366- FZ 30.11.2011), Safety and Health in Mines Convention (№176) (ratified by the Federal law № 106-FZ 07.06.2013) and Promotional Framework for Occupational Safety and Health Convention (№ 187) (ratified by Federal law № 265-FZ 04.10.2010 ). The revision of the national policy on occupational health and safety as well as elements of its implementation proved its effectiveness. So, by the end of 2015 according to Rosstat 39.1% of workers in Russia worked in harmful working conditions and it is 0.6% less than as of year-end 2014 (39.7% of workers). Moreover, according to Rostrud there is an increase in the number of workers in working conditions Class 3.1 (least harmful) by reducing the number of workers in in more hazardous conditions. Working conditions class 3.1 in 2015 - 16.2% workers and it is 0.5% less than in 2014 (16.7% workers) based on total number of workers in the workplaces under special assessment of working conditions. Similarly, according to the Social Insurance Fund for 2015, 42 511 accidents at work were registered throughout Russia and it is 10.4% lower than in 2014 (47,453 cases) and 30.4% below the same indicator at the beginning of the report period (2011 - 61,047 cases). Including in 2015 fatal industrial injuries - 1 886 cases and it is 15% less than in 2014 (2,221 cases) and 41.4% less than in 2011 (3 220 cases). The European Committee of Social Rights requested to provide in the next report information on whether there is periodic assessment and review of the demographic policy concept for the period till 2025 and the Action Plan to improve occupational health and safety in the Russian Federation in 2008- 2010 depending on the risk of evolution or not.
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