Should be over 30 degrees. Labor Code on the requirements for the temperature regime and humidity of industrial premises

The heat in Moscow will last throughout July, but office workers will not be released from work because of this. Source: http://yadrin.com

The temperature in Moscow throughout July will stay in the 30-degree mark. According to existing sanitary standards, employees of metropolitan offices can achieve a reduction in the working day if a certain temperature inside the premises is exceeded. But Rospotrebnadzor says that it is almost impossible to do this.

The heat that settled in Moscow in mid-June will continue throughout July. The temperature in the capital in the coming days will last at around 30 degrees. At the same time, the city air will be extremely dry, which can further complicate the well-being of people.

“July started with hot weather, and in the foreseeable future one should not hope for a weakening of the heat,” said Elena Volosyuk, a leading specialist at the Phobos weather center. “In the coming days, the process of anticyclogenesis will continue in the central regions of the country. This means that the dominant influence of the anticyclone over the central regions of the country will be established. A small cloud of an anticyclone comes, grows in size, and the air filling it begins to warm up well. In the metropolitan area, the temperature rises to the 30-degree mark.”

There may also be short rains in the city, but they will not improve the situation much.

“Short rains will occur in the south and southeast, but the precipitation zone does not go beyond this,” Volosyuk said. “The activity of these fronts is very low, they are weak. Although in the coming days we do not exclude the possibility of thunderstorms.

Elena Volosyuk noted that at the moment the temperature regime in Moscow significantly exceeds the norm.

“The day before yesterday (July 5) the average daily temperature in Moscow turned out to be 4.7 degrees higher than long-term values,” she explained. “Yesterday (July 6) this excess was 6.3 degrees. Today it will also be 6-7 degrees above the norm. If you look at the next week, the situation does not change. There is a good chance that we can get temperatures above 30. Next week the temperature could reach 28 and 33 degrees.”

Forecasters expect a slight drop in temperature only in the last days of July.

“Practically the whole of July will be very hot and very dry,” she said. “There is hope that the heat may subside in the last days of July. I'm talking about the reduction of heat, and not about the cooling. The temperature will drop to 25 degrees and it will seem that it has become a little easier to breathe.

The right to work less that is not fulfilled

Meanwhile, if a temperature of 28–30 degrees is recorded in the working room, then employees have the right to demand that the employer reduce the working day. This is stated in the Sanitary Norms and Rules (SanPiN) in the country.

The requirements for air temperature at the workplace are prescribed in the section "Hygienic requirements for the microclimate industrial premises". It indicates what the employer should do if the standards are exceeded. As one of the measures, it is proposed to reduce the working hours of employees.

Yes, for office workers, when the air temperature at the workplace is 30 degrees, the working day can be reduced to five hours (with the standard eight). At a temperature of 31 degrees - up to three hours, at 32 degrees - up to two hours, at 32.5 degrees - up to one hour.

A table indicating how many hours representatives of various working categories can spend at the workplace when the temperature exceeds the standards

Category Ia includes work with an energy intensity of up to 139 W, performed while sitting and accompanied by slight physical stress (a number of professions in precision instrumentation and engineering enterprises, in watchmaking, clothing production, and in management).

Category Ib - work with an energy intensity of 140–174 W, performed while sitting, standing or walking and accompanied by some physical stress (for example, a number of professions in the printing industry, in communications enterprises, controllers, masters in various types production).

Category IIa includes work with an energy consumption intensity of 175–232 W, associated with constant walking, moving small (up to 1 kg) products or objects in a standing or sitting position and requiring a certain physical exertion (in particular, a number of professions in mechanical assembly shops of machine-building enterprises, in spinning and weaving).

Category IIb - work with an intensity of energy consumption of 233-290 W, associated with walking, moving and carrying loads up to 10 kilograms, accompanied by moderate physical stress (a number of professions in mechanized foundry, rolling, forging, thermal, welding shops of machine-building and metallurgical enterprises).

Category III includes work with an intensity of energy consumption of more than 290 W, associated with constant movement, moving and carrying significant (over 10 kg) weights and requiring great physical effort (a number of professions in blacksmith shops with hand forging, foundries with hand stuffing and pouring molding boxes engineering and metallurgical enterprises).

According to SanPiN, in order to demand a reduction in the working day, the employer needs to create a commission that will measure the temperature in the workplace. The temperature must be measured in a certain way (how exactly, read more in section 7 of SanPiN). Based on the results of the examinations, a protocol is drawn up, which will indicate the measurements obtained and their assessment for compliance with regulatory requirements.

However, it will be extremely difficult to do this in practice, as GZT.RU found out. In the capital's department of Rosapotrebnadzor, they believe that there is "no way to achieve a reduction in the working day."

“It is written, but it is practically impossible,” Rospotrebnadzor said. “It is easier for an employer to provide workers with water and other attributes. All offices should also have air conditioning units - fans and other devices that mitigate the impact of the microclimate.

However, for those who still intend to achieve a reduction in the working day, Rospotrebnadzor recommends contacting the Center for Hygiene and Epidemiology in Moscow. (FGUZ "Center for Hygiene and Epidemiology in the City of Moscow" is located in Grafsky lane, 4/9)

“There are specialists there who have equipment,” the department explained. “They will come and measure the temperature with special thermometers. But research is conducted on a paid basis. The tariff is set by the Russian Federation.

The employer will not review the working hours

The recruiting company SuperJob.ru GZT.RU also stated that the Moscow heat wave is a temporary force majeure, due to which the employer will not revise the work schedule.

“A shortened working day is set at enterprises with constant extreme conditions,” Aleksey Zakharov, president of SuperJob.ru, told GZT.RU.

Alexey Zakharov said that each company has its own way of dealing with the heat. Additional air conditioners and fans are being installed in offices, some companies allow relaxation in the dress code.

“On an individual basis, employees can go to a meeting and be allowed to work remotely,” he added.

The fan normalizes the temperature

The fact that it is easier for an employee to achieve climate change in a room from an employer than to reduce the working day was also recognized in the Federation of Independent Trade Unions of Russia.

“All these norms are recommendations,” Vitaly Trumel, chief technical labor inspector of the Federation of Independent Trade Unions of Russia, told GZT.RU. That is, bring it to the maximum bar - 28 degrees.

The working day can be reduced only if it is prescribed in the collective agreement, or in an agreement between the team and the employer, Vitaly Trumel said: “The collective is needed to stipulate all the possible points that may affect the well-being of workers during the labor process” .

“Everything is possible to accomplish,” he continued. “If a person sets himself the goal of reducing the working day and nothing else interests him, then this is a profound delusion. Everything can be organized at the workplace. Exists organizational process to improve working conditions. If the employer cannot, the relevant authorities should issue orders.”

Setting the temperature in the office will not be easy

It will be extremely difficult to compete with the employer because of the heat in the office, says lawyer Oleg Zaitsev of the firm (Krikunov and Partners firm).

“The SanPiN data regulate exactly the length of stay of employees at their workplaces (at a temperature of 30 degrees), that is, if the employer has a rest that is equipped with air conditioning, then the employee can simply go from his workplace there to rest,” explained Oleg Zaitsev.

Fixing the high temperature in the office will also be difficult.

“On a certain day, the temperature at the workplace can exceed 30 degrees, and when an employee of Rospotrebnadzor comes to take measurements, at that moment the temperature may drop,” Zaitsev explained. “On the other hand, the employer can supply air conditioning and it will be quite difficult to prove that the temperature is here didn't meet the standards."

Labor Code Russian Federation obliges the employer to ensure safety and working conditions that comply with state regulatory requirements for labor protection

1. Articles 209 and 212 of the Labor Code of the Russian Federation establish that one of the obligations of the employer is to carry out sanitary, sanitary, preventive, rehabilitation and other measures in accordance with the requirements of labor protection. Currently, among the sanitary requirements for the working conditions of workers, the requirements for the temperature regime and humidity of industrial premises, which are established by SanPiN 2.2.4.548962 (hereinafter - SanPiN), are highlighted.

High air temperature is one of the factors that affects the decrease in performance. It follows from the text of SanPiN that in summer the air temperature in the room should not exceed 25 ° C, and its relative humidity should not be less than 40%. Such values ​​provide a feeling of thermal comfort during an 8-hour working day (shift), do not cause deviations in the health status of employees, and also create prerequisites for high level their performance and are preferred in workplaces.
Since the employer needs to ensure optimal microclimate conditions in industrial premises, they must be equipped with heating, ventilation and air conditioning systems. The absence of an air conditioner, fan or their faulty condition will lead to an increase in temperature at the workplaces of employees. In other words, non-compliance established requirements will violate the law and pose a threat to the health of workers.
Office workers are included in category a. If the air temperature at the workplace is 30 ° C, then the duration of their working day cannot exceed 5 hours, 31 ° C - 3 hours, 32 ° C - 2 hours, and 32.5 ° C - 1 hour.

The basis for reducing working hours are microclimate indicators, which are determined in the manner prescribed by Section 7 of SanPiN. The employer needs to create a commission that will measure the temperature at the workplace. Based on the results of the examinations, a protocol is drawn up. In it, the commission reflects the measurements received and evaluates them for compliance with regulatory requirements.

If the temperature exceeds the permissible values, the employer must reduce the working hours of employees in accordance with the requirements of SanPiN. To do this, he needs to issue an order (with reference to the protocol on measuring air temperature at workplaces).

Lawyer comment:

SanPiN 2.2.4.54896 "Hygienic requirements for the microclimate of industrial premises" states that in order to protect workers from possible overheating or cooling, when the air temperature at the workplace is above or below the permissible values, the time spent at the workplace (continuously or in total per working shift) should be limited.

The specified SanPiN, of course, refers to the state regulatory requirements for labor protection and primarily addresses issues of labor protection. It refers to the limitation of the time spent by employees in the workplace when the maximum permissible temperatures are exceeded on a working day (shift). However, the concept of “stay time” is not identical to the concept of “duration of working time”.

This SanPiN establishes an obligation for the employer to modify the mode of work and rest of work, as required by Article 212 of the Labor Code of the Russian Federation, so that the time spent at the workplace with adverse production factors meets hygienic requirements. It seems that this obligation can be fulfilled in various ways (letting employees go home earlier, introducing additional breaks, equipping a rest room, moving them to another workplace etc.).

If the employer does not fulfill this obligation, he simultaneously commits two offenses:
- violation of sanitary rules, as workplaces do not comply with these rules in terms of temperature indicators;
– violation of labor legislation, namely labor protection standards, as employees work in adverse conditions.

This means that if the employer does not limit the time spent at the workplace at elevated temperatures, does not provide the employee with another job, then it turns out that the time spent at the workplace6 becomes equal to the duration of the daily work/shift7.

Consequently, in this case, indeed, overtime hours arise for employees, since they work at the initiative of the employer outside the working hours established for them.

Thus, employees can be advised to address complaints as to the authorities Federal Service on supervision in the field of consumer rights protection and human well-being (Rospotrebnadzor), and in labor inspections. The fine established by the Code of Administrative Offenses of the Russian Federation for legal entities for violations of sanitary rules, comparable to the cost of purchasing and installing air conditioners and fans.

Working in hot weather is hard. However, not all employers are aware of this. Meanwhile, there is even a special SanPiN that regulates sanitary standards when working in hot weather. It was about him that Rostrud traditionally reminded employers, and also that if you refuse to shorten the working day in the heat, you can earn a fine.

What's happened?

Rostrud published its traditional summer information message for employers, in which it recalled that they are obliged to create normal working conditions for workers in the heat. Officials, in particular, obliged the management of companies and individual entrepreneurs to recall the requirements of SanPiN 2.2.4.548-96. 2.2.4 “Physical factors of the working environment. Hygienic requirements for the microclimate of industrial premises. Sanitary Rules and Norms”, approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation dated 01.10.1996 N 21. These norms not only determine the maximum possible length of the working day in hot weather, but also the conditions that the employer is obliged to create at the workplace.

How long can you work in the heat

According to SanPiN, as Rostrud recalled, if the temperature in the working room approached 28.5 degrees, it is recommended to reduce the working day by one hour. When the temperature rises to 29 degrees - for two hours, at a temperature of 30.5 degrees - for four hours. In more detail, the dependence of the duration of working time on the temperature regime can be seen in the table.

How does temperature affect run time?

At the same time, if the employer does not comply with the requirements of sanitary standards, the employee has every right to remind the management about them and demand to be released from work early. If the authorities object, it is not worth leaving without permission, as they may be considered absenteeism, but it will not be superfluous to write a memo or a statement. But shortening the length of the working day in hot weather does not exhaust all the responsibilities of employers.

Air conditioning in every office!

Rostrud recalled that the duties of the company's management also include:

• provision of air conditioning at workplaces;
• provision of free access to drinking water and first aid kit;
• giving employees the opportunity to take breaks from work;
• organization of places for rest in a cool place;
• granting, if necessary, short-term paid holidays in especially hot weather.

The message of the service, in particular, says:

It is desirable to provide a comfortable temperature regime, air conditioning. Working in a stuffy office or workplace can exacerbate chronic diseases. The employer is obliged to ensure safe working conditions for employees, otherwise he may be held liable.

Payment for forced holidays due to heat can be made in accordance with part 2 Article 157 of the Labor Code of the Russian Federation as downtime for reasons beyond the control of the employer and employee, in the amount of at least two-thirds of the average salary. All measures taken to protect workers must be reflected in additional agreements to employment contracts.

Liability for violation of labor rights

If the employer ignores the appeal of Rostrud and the requests of his employees and does not ensure compliance with sanitary standards when working in the heat, he may be held administratively liable for Article 6.3 of the Code of Administrative Offenses of the Russian Federation. The penalty for violation of the legislation in the field of ensuring the sanitary and epidemiological welfare of the population, expressed in ignoring the current sanitary rules and hygiene standards, failure to comply with sanitary and hygienic and anti-epidemic measures, is:

• For officials and individual entrepreneurs - from 500 rubles to 1000 rubles;
• for organizations - from 10,000 rubles to 20,000 rubles.

In addition, the activities of the organization may be suspended for up to 90 days.

Summer time is always a difficult time to work. Often there are situations when the temperature in the room exceeds the permissible limit, turning work into the hardest torture (and even breaks in the middle of the day do not save much). For employees, the question becomes relevant whether there are any legislative regulations on temperature standards during working hours in the heat.

To resolve this issue, please contact article 212 of the Labor Code of the Russian Federation . In one of the provisions, it prescribes the obligation of the employer to provide comfortable working conditions for each of the employees. On the basis of this legal provision, a directive was developed with regard to working hours in the heat SanPiN 2.2.4.548-96 .

Reduced working hours due to heat

According to the established norms for office employees, the maximum allowable indoor temperature in summer should be 28 degrees. The more the actual indication exceeds this norm, the less employees should work.

Order to reduce working hours due to heat

The order to change working hours due to the heat is an integral document, on the basis of which the schedule is redrawn. This act is drawn up by the employer indicating the reason for the innovations. Experts, however, differ on how to state the grounds for changes.

A reduction in working hours due to heat can be documented as downtime or through the fault of the employer, or due to objective circumstances beyond the control of the parties. The first case is relevant in situations where the organization does not provide adequate conditions for working on the premises. However, on the other hand, it is not always possible to provide for an increased temperature regime. As a result, the decision on the reason for such downtime remains with the employer. In both cases, by article 157 of the Labor Code of the Russian Federation the company is obliged to pay two-thirds of the salary.

It is allowed to issue an order indicating the objective circumstances and the corresponding remuneration. In this case, its size decreases in proportion to the reduction of working time.

How to reduce working hours in the heat - drawing up an order

An order to reduce working hours due to heat is drawn up according to the basic rules for paperwork. That is, it is similar to those regulations that relate to the issues of reducing the time of work due to heat.

The main provisions of this document should include:

• establishment of a new time, indicating breaks for lunch and rest;
• an instruction on the need for all heads of departments to familiarize their subordinates with this order;
• allowing employees to take unpaid leave;
• appointment of responsible persons who should monitor the implementation of the instructions.

This document is signed by both the head and the appointed responsible person. It may include additional instructions at the initiative of the employer. For example, the validity of this decree, or the provision of means of protection from heat.

When in the summer the temperature outside the window of the office and not only the premises exceeds the usual limits, everyone, willy-nilly, thinks about how work in the heat is regulated according to Labor Code. In this article, we present the current indoor temperature standards for 2018 at the workplace, as well as what Rostrud says about the working day in the heat, based on current legislation, as well as SanPiN sanitary standards.

How an employer must take into account the temperature in the room

Many office and not only employees know that there are temperature standards in office premises. Moreover, the reduction in the mode of operation in the heat entirely depends not only on the good role of the management of the enterprise / company, but also on the requirements of the current legislation. In particular, at what temperature you can work indoors and at what temperature you cannot work indoors.

Employers are required by law to be aware of working conditions in hot weather, as well as the conditions for shortening the working day in high temperatures.

The obligation of the employer to regulate the temperature in the room at the workplace according to SanPiN directly follows from his other obligation - to provide his staff with normal adequate working conditions at each workplace that meet the requirements of labor protection.

Immediately before the reduction of working hours at high air temperature in hot weather, it is necessary:

• ensure the appropriate allowable room temperature at the workplace (for example, by air conditioning the office, workshop);
• give employees the opportunity to take breaks from work;
• provide places for recreation;
• ensure that clean drinking water and a first aid kit with medicines are always available in the working premises.

What does the law say about working in the heat?

Directly the law on the reduction of the working day in the heat does not exist. And, oddly enough, the mode of work in the heat according to the Labor Code is not directly regulated.

Read also September 2016 salary payment deadline has been postponed

Accordingly, the Labor Code also says nothing directly about working on the street in the heat.

At the same time, there are mandatory for all employers sanitary standards for indoor air temperature and shortening the working day in the heat - this is SanPiN 2.2.4.3359-16 "Sanitary and epidemiological requirements for physical factors in the workplace" (approved by the decision of the Chief State Sanitary Doctor RF dated June 21, 2016 No. 81).

According to the specified SanPiN, work in the heat is subject to reduction in accordance with the time of the working day if the air temperature deviates from the norm. At the same time, we are talking about the degree in the working room, and not outside the window.

In a standard situation, if the temperature in the room is above 28 degrees, then we can talk about a reduction in the working day. After all, it turns out that the employer could not provide normal working conditions.

The general norms for working in the heat in the room are as follows. If the temperature has reached:

• 28.5 degrees - it is recommended to reduce the working day by 1 hour;
• 29 degrees - for 2 hours;
• 30.5 degrees - for 4 hours.

Please note that a reduction in working hours due to heat is also necessary when reaching lower temperatures (26.5 degrees - 27.5 degrees), when work is connected:

• with constant movement (walking);
• moderate and significant physical activity;
• carrying and moving heavy loads.