Attestation of Work Places: Why, When and How?

02/ 02/ 2017

Authors: Marianna Marchuk, Counsel, Employment practice group, Kyiv office of Baker McKenzie and Anna Stepanowa, Associate, Employment practice group, Kyiv office of Baker McKenzie Attestation of workplaces is an important aspect of labor and industrial safety for every company. Under current law, the attestation of workplaces should be carried out at least once every five years, or in case of material changes in the conditions and character of work at the company, if the used technological processes, equipment and materials are potentially harmful and dangerous, and could adversely affect the health of both employees and their offspring (even in future). The procedure of attesting workplaces is established by law and, apparently, should not require much clarification. However, as a matter of practice, employers often ignore many important aspects when attesting workplaces. In particular, if the employer does not include employees with the required skills in the attestation commission, it is likely that the scope of workplaces that are subject to attestation may be determined incorrectly, or the results of the attestation will be documented improperly. Failure to attest workplaces (or failure to comply with the laws on attestation of workplaces) may result in significant consequences for the employer. Both the company and its corporate officers may be subject to liability. According to the Procedure of attestation of workplaces on working conditions, approved by Resolution of the Cabinet of Ministers of Ukraine No. 442, dated August 1, 1992, the CEO of the company is responsible for attesting workplaces. However, taking into account the rather broad interpretation of the term corporate officers, which is currently used by the courts, the CEO of the company can be held liable along with other employees that are in charge of attesting the workplace. Corporate officers can be subject to both administrative and criminal liability. In particular, any violation of laws on labor protection (including attestation of workplaces), if such violation caused loss of life or resulted in other grave consequences, may result in imprisonment of a corporate officer for up to seven years, with a prohibition against holding certain positions or engaging in certain activities for up to two years. Moreover, failure to attest workplaces is a violation of employees rights. If attestation of workplaces is not carried out, employees are unable to obtain the compensation provided by law (in particular, to confirm their right to a retirement pension on preferential terms, to get additional vacation and/or to have reduced working hours, etc.). If an employees rights are violated, such employee may terminate his/her employment at his/her own initiative, without working two weeks’ notice, and challenge such actions of the employer at the commission on labor disputes and/or in court. During the seminar, we will look in details at the key aspects of attesting workplaces which we highly recommended employers pay attention to in order to avoid financial sanctions, and administrative and criminal liability.

Authors: Marianna Marchuk, Counsel, Employment practice group, Kyiv office of Baker McKenzie and Anna Stepanowa, Associate, Employment practice group, Kyiv office of Baker McKenzie

Attestation of workplaces is an important aspect of labor and industrial safety for every company. Under current law, the attestation of workplaces should be carried out at least once every five years, or in case of material changes in the conditions and character of work at the company, if the used technological processes, equipment and materials are potentially harmful and dangerous, and could adversely affect the health of both employees and their offspring (even in future).

The procedure of attesting workplaces is established by law and, apparently, should not require much clarification. However, as a matter of practice, employers often ignore many important aspects when attesting workplaces. In particular, if the employer does not include employees with the required skills in the attestation commission, it is likely that the scope of workplaces that are subject to attestation may be determined incorrectly, or the results of the attestation will be documented improperly.

Failure to attest workplaces (or failure to comply with the laws on attestation of workplaces) may result in significant consequences for the employer. Both the company and its corporate officers may be subject to liability. According to the “Procedure of attestation of workplaces on working conditions”, approved by Resolution of the Cabinet of Ministers of Ukraine No. 442, dated August 1, 1992, the CEO of the company is responsible for attesting workplaces. However, taking into account the rather broad interpretation of the term “corporate officers”, which is currently used by the courts, the CEO of the company can be held liable along with other employees that are in charge of attesting the workplace. Corporate officers can be subject to both administrative and criminal liability. In particular, any violation of laws on labor protection (including attestation of workplaces), if such violation caused loss of life or resulted in other grave consequences, may result in imprisonment of a corporate officer for up to seven years, with a prohibition against holding certain positions or engaging in certain activities for up to two years.

Moreover, failure to attest workplaces is a violation of employees’ rights. If attestation of workplaces is not carried out, employees are unable to obtain the compensation provided by law (in particular, to confirm their right to a retirement pension on preferential terms, to get additional vacation and/or to have reduced working hours, etc.). If an employee’s rights are violated, such employee may terminate his/her employment at his/her own initiative, without working two weeks’ notice, and challenge such actions of the employer at the commission on labor disputes and/or in court.

During the seminar, we will look in details at the key aspects of attesting workplaces which we highly recommended employers pay attention to in order to avoid financial sanctions, and administrative and criminal liability.