On the 6th of March 2019 Chief State Sanitary Doctor signed Order № 2 «On additional immunization campaign against measles», according to which employers, engaging foreign labour, until the 31st of December 2019 are obliged to make sure that all foreign citizens they employ are immunized against measles or had this infection in the past or were previously immunized in a proper manner.
According to the commentary we received from Rospotrebnadzor:
First, foreign citizen can confirm, that he\she:
- Had measles before
OR
- Was immunized against measles before
OR
- Has medical withdrawal against this immunization
with immunization certificate or certificate (extract from his medical file), issued by medical organization, which is licensed for immunization practice. Documents should have a stamp of this organization as well as doctor’s signature.
Documents, issued outside of Russia have to be duly legalized (apostillized) and translated into Russian. Translation has to be notarized.
Secondly, according to the Rospotrebnadzor commentary employers are obliged to immunize all foreign nationals they employ, who were not previously immunized, never had measles or have no documents, confirming proper immunization irrespective of qualification and type of work they were employed to do.
Thirdly, according to the sec.1 art. 5 of the Federal Law 17.09.1998, №157-FL «On immunization against infectious diseases» citizens have the right to back out from immunization.
Refusal has to be confirmed by way of a written document according to the sec. 3 art. 5 of the Federal Law 17.09.1998, №157-FL «On immunization against infectious diseases » and sec. 7 art. 20 of the Federal Law 21.11.2011, № 323-FL «On basics of health protection in Russian Federation».
Federal Service for Supervision of Consumer Rights Protection and Human Well-Being suggests the following ways of organizing immunization in companies:
- Sign a separate agreement with medical organization for vaccination of employees;
- Include vaccination into the Medical Insurance plan;
- Compensate employee’s expenses for immunization against measles in medical organization of their choice.
- Immunization against measles is also organized at the State budgetary institution in Moscow «Multispecialty migration center» situated: Moscow, Voronovskoe village, Varshavskoye lane, 64-th kilometer, building 1\47 (tel. +7(495) 777-77-77).
The fact that employer has complied with the requirement can be confirmed by documents, issued by medical organization, which provided the immunization services (list of immunized employees with data on the vaccine that was used, copies of immunization certificates and etc.).
IMPORTANT! According to the Rospotrebnadzor Recommendations employers are obliged to report about the immunization results until the 31.12.2019.
Where to report: Territorial Rospotrebnadzor office (according to the company official address), (for example, Moscow Territorial Rospotrebnadzor office in Central Moscow District).
Below, please find a link to the Rospotrebnadzor for Moscow official web-site with the list of territorial offices:
http://77.rospotrebnadzor.ru/index.php/upravlenie/struktura/to
How to report: Employer writes an official letter to the chief of the Moscow territorial Rospotrebnadzor office. In the letter, employer has to list all foreign nationals, including those who refused vaccination. What is more, it is recommended to add copies of the supporting documents to the letter.
How to file the report: To the secretary office – the Rospotrebnadzor official will put a stamp on the copy of the letter or documents can be sent through e-mail. The secretary office accepts such reports every Thursday.
Administrative penalties for violations:
According to art. 11 of the Federal Law from 30.03.1999, № 52-FL “On sanitary-epidemiological well-being of the population” companies are required to comply with orders of officials, who are responsible for sanitary-epidemiological well-being of the population.
According to art. 6.3 of the Administrative Code, in case violations in the area of sanitary-epidemiological well-being of the population by the company or individual entrepreneur, a fine can be imposed from 10 000 to 20 000 RUB or administrative suspension of the company’s operations for up to 90 days.
Legislation:
Federal Law 17.09.1998, № 157-FL «On immunization against infectious diseases»
Federal Law 21.11.2011, № 323-FL «On basics of health protection in Russian Federation»
Government Order 15.07.1999, № 825 «On list of works and occupations, performance of which entails high risk of infection and requires mandatory immunization»
Chief State Sanitary Doctor Order 06.03.2019, № 2 «On additional immunization campaign against measles»
We will keep you posted on the developments. Meanwhile, should you have any questions or concerns, please feel free to contact us.
Best Regards,
VFBS
Immigration Law Department