If the organization has harmful working conditions. Guarantees for work in harmful conditions: when, what and to whom? Provide for a compensation clause in the employment contract

“Milk for harmfulness” - over its centuries-old history, this expression has become firmly established in everyday life and has acquired additional meanings. And it all started in 1918, when Lenin first ordered this drink to be given to the starving employees of the Putilov factory. What else, besides free milk, is typical for “harmful working conditions”, we will tell in the article.

Types of degrees of harmfulness of labor

"Hazardous work" is one of the types of working conditions. The classification is based on a value equal to the deviation of standards from the hygienic requirements established by law. Types of degrees of harmfulness of labor are fixed by Federal Law N 426. It establishes 4 subclasses and two levels of classification.

First - division of working conditions into classes, depending on the degree of deviation from the standards:

optimal - when harmful effects are absent or minimal;
permissible - when the impact of harmful factors is slightly higher than hygiene standards, but during the rest it is minimized;
harmful - working conditions, when adverse and dangerous effects are much higher than the legally established norm;
hazardous working conditions - when harmful and dangerous exposures in the workplace pose a threat to life.

The second level of classification is the division harmful labor» into subclasses. It is based on two indicators:

the time required for the employee to recover;
the severity of the occupational disease that the employee receives at work.

1 degree: Working conditions in which occupational diseases are absent, but prolonged activity can cause their development. Harmful and dangerous effects are slightly above the norm. Their influence is leveled after the restoration of strength on vacation.

2 degree: Even with regular and proper rest and recuperation, the dangerous and harmful influence of factors is not reduced to a minimum. After a long period of work - more than 15 years, an employee may develop an occupational disease of an initial level or mild severity. Distinctive feature- the employee does not lose his ability to work.

3 degree: Conditions under which the harmful and dangerous effects of the working environment can lead to occupational diseases of mild to moderate severity. Duration labor activity does not matter, since disability may occur in the course of work.

4 degree: The highest degree of harmfulness of labor. Work at enterprises where professions are assigned the 4th degree of harmfulness, dangerous to health. The risk of acquiring a severe form of an occupational disease is maximum. This leads to complete disability. Like dangerous working conditions, there is a risk to life. However, it is somewhat lower, since there is no direct danger.

Methods for determining

The Ministry of Labor has developed a methodology that regulates the rules for assessing the impact of harmful factors on an employee. It was approved by Ministerial Order N33n, agreed with Federal Service on supervision in the field of consumer protection and human well-being and the national tripartite commission for the regulation of social and labor relations.

The basis for assigning a profession a "harmful" degree is research.

Chapter 3 of the regulatory legal act is devoted to the procedure for their implementation.

The legal obligation to initiate the study rests with the employer. He organizes the commission and the evaluation schedule. At the same time, the financial burden also lies on him. The frequency of studies is at least once every five years.

Also there is an unscheduled check. It is carried out when creating new jobs or changing conditions for old ones, as well as when sending an order to the head of the enterprise. It may also be a reason work injury or an accident, or a reasoned appeal from a trade union representative.

To conclude on the harmfulness, it is necessary to convene a commission.

Composition of the commission:

Representative of the employer, including a labor protection specialist;
Representative of the trade union (if the employee is a member of it);
Authorized persons from the outside (employees of laboratories, etc.).

The number of committee members is not limited by law.

The right to conduct a study of the degree of harmfulness of working conditions have laboratories - state accredited and specialized, experts and employees of organizations with education and whose duties include conducting such tests.

Research is not conducted to study the harmfulness of the work of home-based and remote workers. Also, the profession of an employee who works for an individual without the formation of an individual entrepreneur cannot be recognized as harmful. As for the study of the working environment of municipal and civil servants, here, in addition to the Order of the Ministry of Labor 33n, there are documents on state and municipal service.

Methods for studying the degree of harmful effects of working conditions and the corresponding methods are developed by these organizations and individuals independently. However, they must comply legal acts Russian Federation, ensuring the unity of measurements:

the law of the same name and the law "On technical regulation",
government regulations,
standards - GOST, RD, PMG, etc.
recommendations of Gosstandart of Russia.

Research takes into account the following types impacts:

biological;
chemical;
fibrogenic aerosols;
hydroacoustics;
microclimate;
light;
non-ionizing and ionizing radiation;
heaviness/tension of work.

Also, all hazard assessment can be carried out based on their complex impact on the employee.

In the event that research poses a threat to the life of a laboratory specialist, such work is automatically assigned the status of dangerous. This is the main difference between the 4th degree of “harmful labor” and “dangerous conditions”.

New in 2014 is mandatory confirmation of the "harmful" working conditions special commission. This greatly increased the costs of employers and forced them to improve the working environment.

For example, use high-quality means of protection against dysfunctional and dangerous factors which will reduce the degree of unfavorable production. An important condition is their mandatory certification and approval of changes. Reducing the hazard class is carried out on the basis of an expert opinion. For a number of organizations, approved industry specifics serve as such a basis.

Permissible level of “harmfulness” reduction is 1 step. The decision must be coordinated with the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

When assigning a level of harmfulness, employees of such an enterprise are required to undergo a medical examination. For this, a list of the contingent is formed, which is regulated by order of the Ministry of Health 302n. This list provides information about the profession, the number of men and women working there, hazardous production factors, the names of employees for medical examination and its frequency.

The list is printed in three copies, approved, signed by the director (manager), certified with a seal and submitted to the territorial department of the Rospotrebnadzor Administration. This must be done prior to the medical examination.

A complete list of harmful and dangerous professions

The list is quite extensive and is regulated by 2 regulatory legal acts- Federal Law N 400 and Government Decree N 665 of 07/16/14.

Harmful industries include:

mining industry;
metallurgy, including metal return, its pickling;
coke-chemical, coke and thermoanthracite production, as well as processing of minerals;
generator gas production;
dinas industry;
chemical industry;
production of gunpowder and ammunition;
electrotechnical, radio production;
construction and production of materials, restoration and repair;
glass and porcelain industry;
work with fiber, artificial and synthetic;
pulp and paper industry, as well as printing;
medicine and microbiology, including the creation of materials;
transport;
Atomic industry;
divers;
mercury substations;
food industry;
film copy organizations;
communication services;
agrochemistry.

A detailed list of professions with positions is contained in List N 1 of Government Decree N 665. Each of them has been assigned a specialized code. Anyone, upon employment, can check the hazard subclass on their own.

Benefits and compensation

Benefits for employees of "hazardous industries" are regulated by the provisions of the Labor Code. These include:

Shortened working week (less or 36 hours instead of 40);
Reduced shift: 8 or 6 hours, at 36 or 30 hour weeks, respectively. The shift can be increased, but within the established hourly week.
Additional vacation up to 7 days for workers in radioactive hazardous and mining operations. Its duration depends on the degree of "harmfulness" and the period of work. If at least 11 months have been spent in these industries, the vacation is granted in full. If less - in proportion to the hours worked. It cannot be replaced by monetary compensation, except in the process of dismissal.
Increased wage rate. Minimum size — 4%.
Therapeutic and preventive nutrition.
Spa treatment.
Regular medical checkups.
Full provision of equipment and personal protective equipment.
Beneficial pension.

The main legal act regulating the provision of pensions for workers in "harmful" professions is Federal Law N 400. It states that workers in industries with an adverse effect on the body receive a pension earlier than it is set for the rest (60 years for men and 55 years for women). Preferential conditions for men - retirement at 55, possible:

If the insurance experience is at least 20 years;
The employee worked for at least 10 years in "harmful" production (half of item 1).

Preferential conditions for women - retirement at 50, possible:

If the insurance experience is at least 15 years;
The employee worked for at least 7.6 years in "harmful" production (half of item 1).

At the same time, the pension coefficient for all these employees must be equal to at least 30.

Also, in both cases important condition is the confirmation of "harmfulness" by a special commission.

The video contains up-to-date information about latest changes in the list of harmful working conditions.

It is possible to obtain information about whether there are optimal, permissible, harmful, dangerous working conditions at the workplaces of an enterprise (company) only by organizing a set of measures that are carried out sequentially. For the sake of these goals, recently all employers have been legally obliged to carry out a certain procedure. It was called SOUT - a special assessment of the conditions in which labor activity takes place - and replaced the well-known certification of workplaces (AWP).

However, there are exceptions to all rules. SOUT do not carry out regarding the working conditions of remote and home-based employees, employees who have entered into an agreement with the employer labor Relations (individuals). The procedure is strictly regulated, the parties are obliged to know their rights and obligations.

Employer rights

In order to determine whether there are harmful and dangerous working conditions in the field, the employer is obliged to organize the conduct of the SAUT, while he has certain rights:

The organization that conducts the special assessment should be required to substantiate the results obtained.
Request from the company conducting the SUT documentation that confirms its compliance with regulatory requirements.
In accordance with the law, organize an unscheduled SOUT.
In accordance with the established procedure, appeal against the inaction (actions) of the company involved in the assessment of working conditions.

Employer's obligations

In order to obtain objective and reliable data on what difficult, harmful, dangerous working conditions are present at the workplace, the employer is obliged to fulfill certain requirements. In particular, it is necessary to provide the organization involved in the implementation of the SATS with a specific package of documents, which is specified in civil contract between the parties. In addition, the employer must not interfere in any way with the holding of events, deliberately narrow the range of issues that are subject to consideration. At the final stage of the SOUT, he is responsible for familiarizing all employees with its results directly at the workplace, while providing the necessary explanations.

After harmful and dangerous working conditions are identified, it is also necessary to draw up an action plan aimed at improving them.

Work environment factors

In order to determine whether specific working conditions pose a danger or harm to a person, specialists need to evaluate a number of factors that serve as the basis for the following final conclusions:

physical factors. These include vibration (local and general), noise, airborne ultrasound and infrasound, aerosols, mainly of fibrogenic action, non-ionizing radiation (permanent magnetic and electrostatic fields) and ionizing, alternating electromagnetic field, indicators of the microclimate of the room (humidity, air temperature and speed of its movement), parameters of the light environment (the degree of illumination of the workplace with artificial light).
chemical factors. Harmful and dangerous working conditions can be established after measuring the concentration and composition of chemicals on the skin of employees and in the air of the working space, including biological ones (enzymes, hormones, antibiotics, vitamins) synthesized artificially.
biological factors. They are assessed by the presence or absence of contact with producer microorganisms, spores and living cells found in bacterial preparations, pathogens of infectious diseases (in accordance with pathogenicity groups).

Labor Process Factors

As mentioned above, harmful and dangerous working conditions may concern not only production environment but also the work itself. In the process of conducting the SOUT, the following points regarding labor activity are taken into account:

tension. The sensory load on the central nervous system and sensory organs of the employee is assessed.
severity. The physical load on the body systems and the musculoskeletal system is assessed. For example, the nature of lifting weights and their maximum weight.

According to Article 14 of the Federal Law on SOUT dated December 28, 2013 No. 426-FZ, it is customary to distinguish optimal, permissible, harmful and dangerous working conditions (4 classes).

About optimal conditions: Grade 1

By optimal it is customary to understand such conditions of the labor process under which there is no effect on the employee of any harmful and/or dangerous factors, or the level of their influence does not exceed the standards established for this production. At the same time, the health of the employee is preserved and there are prerequisites for the subsequent maintenance of his high level of ability to work.

Permissible conditions: 2 class

AT this case It is implied that as a result of the SOUT carried out at the workplace, certain harmful and/or hazardous factors of production were identified. However, the level of their impact on the employee does not exceed the established standards (hygienic), while the body has time to recover by the beginning of the next shift (working day).

Harmful conditions: 3 class

Such working conditions are recognized as such, under which the degree of influence of harmful and (or) dangerous factors exceeds the standards established by law. We are talking about the already mentioned MPC, severity, tension, etc. The classification of harmful (dangerous) working conditions further implies a division into four subclasses:

When exposed to them, it takes more time to restore the changed functional state of the employee's body than before the start of the next shift or working day. The risk of damage to health is greatly increased.
With such a level of exposure, persistent changes occur in the body of the employee. They entail the appearance and subsequent development of the initial stage or, without loss of ability to work, a mild degree of severity of an occupational disease. Occur after a long period of exposure to such production factors- 15 and over years.
In this case, the level of exposure to production factors is such that it causes persistent changes in the body of the employee, which provoke the development of occupational diseases of moderate or mild severity directly during the period of labor activity in the workplace.
If they exist, the impact on the employee during work is so great that it can lead to a severe form of occupational disease with subsequent loss of working capacity, directly during the period when the person is working.

Working conditions dangerous to humans: Grade 4

Here the employer is dealing with the most critical situation. The dangerous and harmful production factors affecting the employee throughout the entire shift are so strong that they pose a threat not only to health, but also to human life. The consequences of their influence are the cause of the development of occupational diseases in an acute form during the period of direct labor activity.

Harmful (dangerous) working conditions, the definition of which is given above, can be reduced by one degree, in accordance with the methodology defined by the legislator and on the basis of an expert opinion. A condition for such measures is the use by local workers of personal protective equipment that has been certified in the prescribed manner.

Benefits and compensation

Carrying out SOUT at the workplace allows you to identify the presence of hazardous and (or) harmful production factors and, based on its results, develop a plan for effective measures to eliminate them. Moreover, in accordance with the law, this is a direct obligation of each employer. In addition, harmful, dangerous working conditions, the characteristics of which are given above, are the basis for assigning benefits and compensation to an employee. For the optimal and admissible class, they are absent.

In cases where the third class of harmful conditions is exposed at the workplace, the nature of the benefits will overestimate from their degree. So, in accordance with labor legislation, at a degree of 3.1, an employee is entitled to monetary compensation of at least 4%, at 3.2 - 7 days of additional leave are added, at 3.3 - in addition, the working week is reduced to 36 hours. In cases where benefits are set at the minimum mandatory amount, their increase is allowed at the discretion of the employer and in agreement with the trade union bodies.

The authors of many textbooks that have chapters on define the concept of "dangerous or harmful working conditions" as factors of the production process that can cause about workers " occupational diseases”, affect the immune system, affect the health of children or grandchildren. The list of similar works is determined by the Government of the Russian Federation, the people who are paid extra for "harmfulness" include workers:

How does the labor code compensate for harmful working conditions?

As clarifies, harmful working conditions are compensated by additional payments, milk dispensing, reduced shift duration and much more. A large number of benefits and additional payments that are due to people working in "harmful" production is explained by the fact that many of them "receive" a whole "bouquet" of diseases before retirement. As the labor code says , harmful working conditions must be spelled out in employment contract , otherwise, it is not easy for an employee, even with, to achieve benefits and payments.

Who determines the surcharges for "harmfulness"?

If the worker is engaged in "harmful" production, then the amount of the additional payment is specified in the employment contract, sometimes the increase in tariffs is indicated in the collective or other local acts organizations. Before, find out the exact name of your position, and consult with specialists about the presence of harmful factors associated with your future workplace. Besides, the wages of people employed in "harmful" work are not taxed.

Working hours in production

The duration of the working week in hazardous production, can be no more than 36 hours, and a working shift - no more than 8 hours. If the contract establishes a 30-hour work week, then the required time for one shift is 6 hours. Although in some cases an increase in one shift is allowed, the total number of hours worked must remain unchanged.

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Features of vacations at work with dangerous factors

For people whose work is related to factors that can create a negative impact on health, the legislation provides for additional vacations, for a period of 4 to 36 days. The amount of additional leave for each category of citizens is determined separately. For physicians who are engaged in the treatment of HIV-infected, an annual additional leave at 36 days, as they face the danger of contracting the virus every day. Employees of quarries, coal mines are entitled to additional annual leave, lasting from 4 to 24 days, the duration of which directly depends on the "harmful" experience.

Besides, forbidden to replace annual vacation, payment of monetary compensation. In other words, a person working in a hazardous industry must "take off" vacation in full, without the possibility of monetization.

Other guarantees related to hazardous and hazardous production

Employees engaged in hazardous or hazardous work must be provided with special clothing and protective equipment at the expense of the enterprise. Consequently, if an employee was asked to buy a gas mask, “overalls”, a helmet, headphones for himself, then he can safely complain about his boss.

In addition, the enterprise must organize and pay for periodic medical examinations of its employees, whose work takes place in conditions of harmful and dangerous production. Typically, companies enter into agreements with multidisciplinary private clinics to examine their employees. Periodicity medical examinations determined by federal legislation and collective labor agreements.

Who can not work in hazardous production?

The Labor Code defines exhaustive a list of people who do not have the right to work in hazardous and hazardous industries, These include:

pregnant women,
women with small children (up to 1.5 years old),
teenagers under 18 years old,
part-timers.

Therefore, if a 1st year student (if under 18 years old) of the medical academy was sent to a tuberculosis dispensary, then this action can be called gross violation of labor law.

Managers of many enterprises do not pay employees the monetary compensation required by law and do not provide benefits, but workers should fight for their rights, because "harmful" production "kills" their health.

Working conditions are what affects the employee while he is at the workplace. But not everyone suspects this. In order to understand what working conditions are that can harm a person’s performance, it is necessary to carefully understand this.

Harmful working conditions

Being at the workplace, there may be conditions that are considered harmful, regulated by various documents and orders adopted by the government of the Russian Federation. Among the laws that can be referred to when clarifying this information are:

Government Decree No. 188;
Federal Law No. 426.
In order to understand what law and what regulates, it is necessary to understand each of them carefully and separately.

Everything that surrounds a person in the workplace can affect his health. And if this happens, then we can talk about the harmfulness of working conditions. If there are no aggravating factors that can affect human health, then they simply cannot be called harmful.

Classification according to the severity of the disease acquired while at work (in descending order):
Diseases, which are the most harmful, can lead to complete disability. These conditions are the most dangerous, since a person can become a disabled person who does not provide for himself;

Diseases that can lead to loss of working capacity, the emergence of new diseases during the period when a person was still working at this enterprise;
If a person has been working for more than 15 years and he begins to develop diseases that turn into chronic ones;
Minimal changes in the body that can be restored after the employee stops working for this production.

Which industry affects performance (professions in which people get sick most often)

On March 29, 2002, Government Decree No. 188 was adopted, which contains a list of hazardous industries. Among them:

Profession associated with coal mining;
mining industry;
Power industry;
Petroleum and chemical industries;
Microbiology;
Profession associated with the production of thermometers.

These professions are the most dangerous for a person, as they can cause serious illness and irreversible consequences. Therefore, choosing one of the listed professions, a person must be aware of the seriousness of the choice and understand the danger that they can carry.

Who is not allowed to work in enterprises where there are dangerous conditions

Information about restrictions on work at enterprises is contained in the Labor Code, which clearly defines the categories of citizens.

Who is prohibited by law from working with poor working conditions:

First of all, there are age restrictions - people under 18;
Pregnant woman - regardless of the gestational age;
If you have to work at two jobs, then both enterprises should not be with harmful conditions;
If a woman has a child under the age of one and a half years, she is forbidden to work where there are harmful working conditions.
Of course, there are also violations at enterprises where Labor Code. In fact, this is a gross violation, since we are talking about health.

What harmful factors in production affect the body?

Variety of harmful influences

Physical

Dust, thermal radiation, ultraviolet rays, vibration, pulses, low light levels. The electromagnetic field also affects the functioning of the body.

Biological

Work related to substances and various hazardous agents (fungus, microorganisms, bacteria).

Chemical

Work with hormones and enzymes.

Labor

The length of the working day does not correspond to the norm, work with weights and constant moral stress.

In this article we will tell you which name is most suitable in your case.

There are many methods for assessing personnel in your company. we will talk about all of them.

The article will tell you what a personnel assessment system is and why it is needed.

Compensation for employees working in hazardous working conditions

In the case of working at enterprises with harmful working conditions, the employee is entitled to additional leave in addition to the annual one, and even at some enterprises they give milk for harmfulness. In addition, the legislation provides for early retirement. This pension is called preferential and is provided in the following cases.

Work underground

If a man is 50 years old and has been working in this field for more than 10 years. Women in this industry are retiring after seven years of working underground. The entire length of service in this case for males must be at least 20 years, for females at least 15. For a calendar year of work at an enterprise where there are harmful working conditions, the retirement age approaches one year

Agriculture

Work on a tractor, on machines for harvesting agricultural crops. In this case, the pensioner must be at least 50 years old.
Work in the textile industry
As for a woman, she must have worked at least 20 years in this production, and her age must also be at least 50 years.

Harmful working conditions - medicine

If you want to retire early, then all you need to do is to work in the village for at least 25 years, if we are talking about the city, then at least 30. Once this number of years has been worked out, you can retire, while the age is not matter. Age is not important, that is, after the institute, a person is 22, we add 25 years of experience. Total: you can retire at 47 years old.

Pedagogical activity

You need to work at least 25 years and you can retire.

Ministry of Emergency Situations, fire service

Men with an experience of 25 years (55 years) and women with an experience of 20 years (55 years).

correctional institutions

Men retire at 55 with 15 years of service, women at 50 with 10 years of service.

Civil aviation, fishing industry

Retirement is the same as employees of the Ministry of Emergency Situations

Public transport

Drivers retire at 55 and 50 with 20 and 15 years of service for men and women respectively

Drivers of locomotives and diesel locomotives

Men: at 55 with 25 years of experience and women: at 50 with 20 years of experience

Geological exploration

Men: at 55 and 12.5 years of experience, women: at 50 and 10 years of experience

If you see a suitable category, you must contact Pension Fund to apply for a pension. For this you need: passport, labor, certificate of pension insurance.

You can apply to the Pension Fund in advance, but not earlier than one month before the retirement age. Please note that the pension is issued in about a day, so it is better to do everything in advance.

What should a person working in a hazardous industry

Information about the amount of compensation, about who is entitled to it and how it is calculated, is prescribed in the Labor Code, therefore, in order not to lose financially, it is necessary to study it. According to the legislation, people who work at such enterprises can count on the following positive aspects in their work:

The number of hours spent at the workplace is decreasing. Instead of the prescribed ones, the working week can be reduced to 36 hours;
The main vacation is provided and additional, which is important, both vacations are paid;
Salary increases by at least 4% of the basic;
A person receives benefits for the provision of a pension;
People working in such conditions are entitled to free treatment;
Overalls and material that is disinfectant are issued.

Please note that the Labor Code regulates the employer's right to self definition harmfulness of labor. He himself can set the amount of the additional payment, while not losing anything, since all the money is issued from the insurance premiums paid by the employer. All compensation given to an employee is tax-deductible.

How can I get compensation and what does it depend on?

First of all, the amount of compensation and the procedure for its payment depends on how rich the enterprise is;

The amount, terms of payments are stipulated by the contract or normative act;
By law, the amount of compensation cannot depend on the size of the enterprise;
The amount that an employee can receive for harmful working conditions is indicated in the employment contract.

In order to determine how harmful the working conditions at his enterprise are, he must assess these conditions. If during this check it is found that the conditions are in accordance with the norm, then the additional payment to employees will not be made.

What laws apply in this matter

First of all, this is the Labor Code, which governs all employee-employee relationships.
Next, you need to focus on federal law, adopted on December 28, 2013, number 426 - “On special evaluation working conditions”, as well as Government Decree No. 188 of March 29, 2002.

Due to the fact that in our country there are laws regulating the issue of working conditions, both the employer and the employee remain protected. Knowing the laws is very important - aware, meaning protected.

In contact with

Before starting to understand what harmful and dangerous working conditions are, it should be said that safe working conditions are such working conditions under which the exposure of workers to harmful and dangerous production factors is excluded or their levels do not exceed hygienic standards.

The very same labor safety is considered to be such a state of working conditions in which the impact of harmful production factors on workers is excluded.

Harmful Conditions labor are such conditions as a result of which harmful production factors exceed the established sanitary and hygienic standards and have a negative impact on the health of the worker.

Dangerous (extreme) working conditions - working conditions characterized by such levels of production factors, the impact of which during the work shift (or part of it) poses a threat to the life of the worker, and there is also a high risk of severe forms of acute occupational injuries.

A harmful production factor is such a production factor that affects the worker and, under certain conditions, leads to illness or a decrease in working capacity. And depending on the level and duration of exposure, it can also become dangerous.

A harmful production factor should be distinguished from a hazardous production factor. A hazardous production factor is a production factor that affects a worker under certain conditions and leads to injury or other sudden sharp deterioration in health.

Harmful and dangerous working conditions at the enterprise, compensations and benefits for such work should be reported to each applicant for work. This is also stated in the employment contract. At the same time, the employer is obliged to familiarize the persons getting a job with such working conditions, teach them safe methods and techniques for performing work, provide internships at the workplace, pass exams and conduct periodic training on labor protection, as well as test knowledge of labor protection requirements during the period of work. .

According to Art. 221 of the Labor Code of the Russian Federation, at work with harmful and (or) dangerous working conditions, as well as at work performed in special temperature conditions or associated with pollution, employees are issued free of charge certified special clothing, special footwear and other personal protective equipment, as well as flushing and (or) neutralizing agents in accordance with model rules, which are established in the manner determined by the Government of the Russian Federation.

The employer, at his own expense, is obliged, in accordance with the established norms, to ensure the timely issuance of special clothing, special shoes and other personal protective equipment, as well as their storage, washing, drying, repair and replacement (part 3 of article 221 of the Labor Code of the Russian Federation).

In addition, in jobs with harmful working conditions, workers should be given milk and other equivalent products free of charge. food products. And at work with especially harmful working conditions, therapeutic and preventive nutrition should be provided free of charge.

Employees engaged in work with harmful and (or) dangerous working conditions (in underground mining and open pit mining in open pits and quarries, in radioactive contamination zones, in other jobs associated with an unavoidable adverse effect on human health of physical, chemical, biological and other factors), in addition to the main one, additional annual paid leave is also provided.

The remuneration of labor of employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions is established at an increased rate compared to tariff rates, salaries ( official salaries) set for various kinds work with normal working conditions, but not lower than the sizes established by labor legislation and other regulatory legal acts containing norms labor law(part 1 of article 147 of the Labor Code of the Russian Federation).

The minimum wage increase for employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, and the conditions for this increase are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (part 2 of article 147 of the Labor Code of the Russian Federation).

Unfortunately, this list has not yet been adopted, therefore, for the time being, it is recommended to be guided by the List of industries, workshops, professions and positions with harmful working conditions, which was approved back in 1974.

Raise wages on the above grounds, it is made according to the results of attestation of workplaces. The specific amounts of wage increases are established by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations, or by a collective agreement, an employment contract (part 3 of article 147 of the Labor Code of the Russian Federation).

According to paragraph 3.1.2 of the Decree of the Ministry of Labor of the Russian Federation of March 14, 1997 N 12 "On the certification of workplaces for working conditions", the levels of hazardous and harmful production factors are determined on the basis of instrumental measurements, which are drawn up in protocols. Instrumental measurements of physical, chemical, biological and psychophysiological factors, ergonomic studies should be carried out in the process of work, i.e. during production processes, with serviceable and effectively operating means of collective and individual protection.

The main objects for assessing the safety of workplaces are production equipment, fixtures, tools, as well as the provision of training and instruction tools (clause 3.2.1 of the Decree of the Ministry of Labor of the Russian Federation "On the certification of workplaces for working conditions").

The Commission may recognize workplace certified in the event that there are no dangerous and harmful production factors at the workplace or their actual value corresponds to optimal or permissible values, and all requirements for injury prevention and provision of workers with personal protective equipment are met.

When the actual values of hazardous and harmful production factors at the workplace significantly exceed the norms and thus violate the requirements for injury prevention and provision of workers with personal protective equipment, such working conditions at such a workplace will be considered harmful and (or) dangerous.

When working conditions are classified as harmful, the workplace is recognized as conditionally attested. At the same time, the corresponding class and degree of harmfulness are immediately indicated here. Naturally, a conditionally certified place that does not meet the requirements for labor protection will not be considered certified.

In the event that the commission recognizes the workplace as dangerous and, accordingly, not certified, it is subject to liquidation or immediate re-equipment.

The results of the commission are reported to the employees of the organization. Upon completion of the attestation of workplaces, all documents drawn up as a result of the audit are classified as materials strict accountability and stored for 45 years.

As compensation to employees with harmful and (or) dangerous working conditions, the amounts of compensation for those additional costs incurred by the employee due to the fact that he works in special conditions are paid.

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