Rospotrebnadzor obliged employers to ensure vaccinating foreign workers against measles

Rospotrebnadzor adopted the Resolution of the Chief State Sanitary Doctor of Russia dated 08.02.2023 No. 1 "On conducting mop-up immunization against measles in the territory of Russia", obliging employers (paragraph 3 of the Resolution) to ensure vaccination of foreign workers against measles until the end of 2023. According to clause 1.1 of the Resolution, foreign workers who have not previously had measles, who have not been vaccinated against measles, and in respect of whom there is no information about the vaccination, are subject to vaccination.

Employers must vaccinate employees in accordance with Art. 1 of the Federal Law of September 17, 1998 No. 157-FZ "On immunoprophylaxis of infectious diseases", Art. 1 of the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population"). Specific vaccination measures and lists of employees to be vaccinated are provided by legislation and individual regulations of Rospotrebnadzor (for example, the above-mentioned Resolution of the Chief State Sanitary Doctor of Russia dated 08.02.2023 No. 1).

According to paragraph 2772 of Sanitary regulations and norms 3.3686-21 "Sanitary and epidemiological requirements for the prevention of infectious diseases", approved by the Decree of the Chief State Sanitary Doctor of Russia dated 28.01.2021 No. 4, work to identify persons who have not had measles and have not been vaccinated against measles, and their immunization in accordance with the National Calendar of Preventive Vaccinations is also carried out among labor migrants.

In accordance with the National Calendar of Preventive Vaccinations, mandatory vaccination against measles is provided for:

·         children (carried out twice at the age of 12 months (vaccination) and at 6 years (revaccination);

·         adults under 35 years old, who have not had measles, not vaccinated, vaccinated once, not having information about vaccinations against measles (carried out twice with an interval of at least 3 months between vaccinations, even if the first dose of the vaccine had already been administered earlier);

·         adults from 36 to 55 years old who belong to risk groups, who have not had measles, not vaccinated, vaccinated once, not having information about vaccinations against measles (carried out twice with an interval of at least 3 months between vaccinations, even if the first dose of the vaccine had already been administered earlier).

Thus, even if adults were once vaccinated with one dose of the vaccine (in other words, vaccinated once), they must undergo revaccination for measles by re-receiving the first dose of the vaccine and receiving a second dose after at least 3 months. This, according to the National Calendar of Preventive Vaccinations, fully applies to workers (including labor migrants), if their age is up to 35 years.

If the age of employees is from 36 to 55 years, such revaccination is provided only for those who belong to risk groups.

If the age of employees is over 55 years, the discussed revaccination is not carried out. And only persons who are in the focus of measles infection, not previously vaccinated, who do not have information about vaccination against measles, who have not had measles and vaccinated once, are subject to immunization for epidemic indications without age restriction.

In accordance with the Explanations of the Ministry of Labor of Russia, Rospotrebnadzor "Explanations on the organization of vaccination in organized work collectives (labor collectives) and the procedure for accounting for the percentage of vaccinated" and in accordance with the new Resolution from 03.04.23, employers, including employers of foreign workers, must organize the following:

1) Appoint a person responsible for identifying employees to be vaccinated.

2) Draw up lists of those to be vaccinated (they should include foreign workers who have not previously had measles and for whom there is no information about the vaccination, as well as those who have been vaccinated against measles once and are subject to revaccination).

3) Issue an order regarding organizing preventive vaccinations. The order must specify:

4) Familiarize employees who are subject to vaccination with the order under their signature.

5) To organize passing the vaccination by employees in a centralized manner or to ensure that employees have the opportunity to undergo vaccination independently during working hours with the preservation of the employee's salary during the period of absence from work due to vaccination.

The order can determine measures to support employees who have been vaccinated.

We draw your attention to the fact that the refusal to hire citizens for works or suspension from them is possible only if the employee's activities are included in the list of works, the performance of which is associated with a high risk of obtaining infectious diseases (approved by the Decree of the Government of Russia dated 15.07.1999 N 825), namely:

·         Agricultural, hydromeliorative, construction and other excavation and relocation works, harvesting, fishing, geological, survey, expeditionary, deratization and disinsection work in areas unfavorable for infections common to humans and animals.

·         Works on logging, clearing and improvement of forests, zones of rehabilitation and recreation of the population in areas unfavorable for infections common to humans and animals.

·         Works in organizations for procurement, storage, processing of raw materials and livestock products obtained from farms unfavorable for infections common to humans and animals.

·         Works on harvesting, storage, and processing of agricultural products in areas unfavorable for infections common to humans and animals.

·         Works on the slaughter of livestock suffering from infections common to humans and animals, harvesting and processing of meat and meat products obtained from it.

·         Works related to the care of animals and maintenance of livestock facilities in livestock farms that are unfavorable for infections common to humans and animals.

·         Works on the capture and maintenance of homeless animals.

·         Works on maintenance of sewage facilities, equipment, and networks.

·         Works with patients with infectious diseases.

·         Works with live cultures-pathogens of infectious diseases.

·         Works with human blood and biological fluids.

·         Works in organizations engaged in educational activities.

In this case, the employer can confirm the carried-out immunization by documents issued by the medical organization that immunized its employees (a list of vaccinated with information about the injected drug, copies of certificates of preventive vaccinations, etc.).

The absence of vaccinations or the refusal to carry out immunization for an employee engaged in this kind of work is the basis for his suspension from work.

In these cases, and if the employee refuses to be vaccinated without a valid reason (in the absence of contraindications), and when the employer does not have documentary evidence of the employee's vaccination earlier, the employer must issue an unpaid suspension order.

The employer can develop the form of the order on the suspension of an employee in connection with the refusal to undergo vaccination independently. The order must indicate the surname, name, patronymic, position of the employee, the grounds on which he is suspended from work, the period of suspension.

If a specialist can work remotely, the employer has the right to offer him to perform work remotely or temporarily transfer him to "remote work" by the employee's own initiative in the manner and on the grounds provided for by Article 312.9 of the Labor Code of Russia.

The employer does not have the right to bring such an employee to disciplinary responsibility, since refusal to vaccinate is the right of the employee. However, the employer has the right to suspend the employee from work in the above cases.

An employer who has failed to vaccinate employees must confirm the following to avoid liability:

- required employees to be vaccinated and comply with the requirements of the law (this can be done by means of a written order for vaccination and sending a written notice to employees);

- received a written refusal from employees who refused vaccination;

- suspended employees who had not been vaccinated.

For non-compliance with the requirements of the legislation on vaccination of employees, the employer may be held liable under Art. 6.3 of the Code of Administrative Offenses. For legal entities, this article provides a fine from 10 000 to 20 000 rubles or administrative suspension of activities for up to 90 days.

Practical tips related to vaccination, which we published in our news earlier remain relevant in 2023.

In addition, the experts of Confidence Group are pleased to offer you their assistance in the process of organizing immunization of foreign workers:

If you decide to use the services of our company, please let us know not later than 18.12.2023.

For more information, please contact the consultants of the Confidence Group company.

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