At what above-zero temperature does the working day shorten? A cool office and a cooler in the heat are not a courtesy, but a direct responsibility of the employer. How to reduce working hours in hot weather - drawing up an order

Well, I’ve come to a very interesting topic! It will be especially relevant for Muscovites who suffer from the heat every summer during the summer. Today, I propose to talk about how the law considers the possibility of reducing working hours at high temperatures.

Why this particular topic, although it will soon be winter, you ask, but everything is simple, prepare the sleigh in the summer. It is worth preparing in advance for a pleasant period and getting additional hours of “freedom” from labor responsibilities, especially when it’s unbearably hot outside.

So, let's talk seriously. Let's turn to sanitary standards and regulations labor legislation, in order to find out exactly whether it is possible to shorten the working day in the heat or not. Will it be considered a legal violation on the part of the employer if such an action is not performed?

You definitely need to start with the operating mode in difficult temperature conditions, as defined by the labor code. This will allow us to answer the question whether the refusal to shorten the working day in the heat is legitimate on the part of the authorities or not.

There are several in Russia important provisions, clearly regulating the order of occupancy at elevated/decreased temperatures.

If the actual temperature exceeds the established limits, the employee is entitled to additional payment or a reduction in working hours. All these issues are regulated by several articles of the Labor Code of the Russian Federation, namely:

Besides labor standards, certain temperature conditions are established by SanPin 2.2.548-96, which specifies all hygienic requirements for work premises.

According to the current rules, a critical mark is one that deviates from the norm in any direction by more than 5 degrees. The exception is jobs and positions where their own indicators are provided.

What differences apply to different groups of premises?

There are no distinctions for the workers themselves. That is, age, gender, and other indicators do not play a role in this case, but there is a limitation on the type of premises where a particular specialist performs his duties.

The classification is as follows:

1. Category 1 (includes groups “A” and “B”). In the first case, we are talking about premises where employees perform their duties only while sitting and with little physical activity. Energy consumption is up to 139 W. Permissible temperature is 21-28 degrees Celsius. In the second, we're talking about about rooms where energy consumption is higher (up to 179 W), and permissible temperature indicators are up to 24 degrees.
2. Category 2 (consists of groups “A” and “B”). Group “A” - premises where work is carried out with increased energy consumption (up to 290 W) and physical load (up to 10 kg). Permissible temperature is 18-27 degrees. Group “B” - similar loads, but the permissible temperature is 16-27 degrees Celsius.
3. Category 3. Energy consumption – from 290 W, physical activity – unlimited. Permitted temperatures are 15-26 degrees.

Rostrud obliged employers to monitor compliance with these indicators, but in addition to management, trade unions, the municipality and the sanitary and epidemiological station are vested with similar functions.

Details and details on the topic can be found in the video:

What actions are required from the employer in hot weather?

Before announcing a reduction in working hours to employees, the employer should try to reduce the temperature by installing air conditioning or using fans.

If all these actions do not produce results, reduce working hours, he has every right. Before registering a reduction, you will need to take temperature measurements and draw up a corresponding report.

To do this, the manager will need to issue an order to review the work regime due to temperature deviations from the established norm. All these actions require agreement with the trade union. The working period may be reduced by one hour if the deviations are small. The law also provides for a longer period for more serious changes.

Employer's liability for violation of standards

Often, management ignores issues related to temperature standards. In this case, the employee has the right to file a formal complaint with the supervisory organization. Within ten days, special measurements are made and the fact of a violation is established. After this, the employer is held administratively liable.

The fine can range from 5 to 20 thousand rubles, taking into account the circumstances of the case. At gross violation the operation of the enterprise may be suspended for up to three months.

Instead of a total

High temperature in the work area can seriously interfere with an employee's ability to perform his or her duties. In this regard, the employer is obliged to provide adequate working conditions, and if this is not possible, to reduce the working day.

It's no secret that unfavorable temperature conditions indoors or outdoors reduce the performance of employees, regardless of whether it is low or high. In order to comply with sanitary and epidemiological standards and carry out labor protection measures, the legislation provides for certain measures that make it possible to facilitate the work activities of employees and reduce the risk of a threat to the life and health of the population. In the article we will look at how long you can work in the heat in the office or on the street in accordance with labor legislation and what responsibility the employer has in this case.

Labor legislation on working in hot weather

Today, the most significant document in the field of labor protection at elevated temperatures is SanPiN 2.2.4.548-96, which contains important and current information according to hygienic requirements for microclimatic conditions in production premises. It contains data on which temperature regime is favorable for the implementation labor activity, and which one is acceptable, in which the production process can be carried out as before, if there is no way to achieve the optimal mode.

According to the Labor Code of the Russian Federation, the employer must provide all its employees with normal working conditions that will fully comply with norms and standards in the field of labor protection.

Optimal and permissible temperature conditions for operation

According to SanPiN 2.2.4.548-96, the temperature regime in the premises can be divided into two types: (click to expand)

It is necessary to understand that the extreme values ​​of the permissible temperature regime do not affect changes in the labor regime only if the production process requires it. There are certain conditions and circumstances under which the duration and mode of the working day cannot be changed, and this point is associated with the following factors:

• the technological requirements for performing operations are such that the processes must be carried out at extreme values ​​of the permissible temperature regime;
• the economic justification is related to the inexpediency of changing the working hours due to changes in temperature and microclimate of the premises.

It should be borne in mind that each position in the company has its own permissible temperature regime, depending on what kind of functional responsibilities are assigned to the employee. The indicators indicated in the table are acceptable for office employees, spending most of their time in a sedentary state. However, if we take into account production workers who perform heavy physical labor, then for them the boundaries of the permissible temperature regime are somewhat narrowed.

If an employee works under acceptable temperature conditions, this does not cause acute changes in the human body, but it does cause him some discomfort. In this case, there is an increase in body temperature, deterioration in well-being, disruption of the thermoregulation process and, as a result, a decrease in human performance. In a situation where the temperature reaches the limit and becomes exceedingly permissible, management must take certain actions, aimed at improving working conditions - either installing air conditioning systems, or reducing working hours, or compensation for harmful conditions of the production process.

In the case when the temperature regime is outside the acceptable level for a fairly short time, that is, within a few hours the microclimate is normalized to an acceptable level, the length of the working day does not change.

Changing operating mode in hot weather

If the temperature exceeds the permissible level, the employer has the right and obligation to reduce working hours depending on how much the temperature exceeds the permissible values. In this case, a special order is created for the enterprise, which indicates which positions will have their working hours reduced and by how much. This document is based on temperature measurements carried out by a commission specially created for these purposes. She draws up a protocol that clearly indicates all changes in temperature over time, and on the basis of such a protocol, an order is issued from the manager to change the operating mode at the enterprise.

By the way, the reduction may be different for different categories of employees, and this point depends on what specific functional duties a particular employee performs. So, all positions can be divided into 3 groups:

1. category Ia-Ib. This group assumes low energy consumption up to 174 W and covers employees who perform their work while sitting with little physical strain or small movements;

1. category IIa-IIb. This group includes employees with energy consumption from 175 to 290 W, who perform their work while constantly moving, carrying small objects with an average level of physical stress;

1. category III. This group includes employees who produce energy expenditures of 291 W or more, perform work using significant physical effort with constant movement and carrying heavy bulky objects or performing complex production operations.

Rospotrebnadzor, as one of the regulatory bodies in the field of labor protection, has developed appropriate recommendations for working in the hot season, when the thermometer rises quite high. high level. They concern both the direct employer and employees forced to work in difficult temperature conditions. As for the first, the employer, in accordance with the adopted legislation, is obliged to ensure acceptable conditions labor for its employees or reduce working hours in accordance with changes in the microclimate in the premises. According to the second point, employees are also required to independently take measures to preserve life and health during the hot season.

These include: (click to expand)

• the working period should be divided into temporary breaks, and their number directly depends on the temperature environment outdoors or indoor microclimate;
• it is necessary to transfer work outdoors to the morning or evening hours, until the temperature reaches its maximum;
• during the hot season, employees aged from 25 to 40 years are allowed to work;
• should be used special clothes made of dense fabric to protect against excessive thermal radiation;
• organize a competent drinking regimen, consisting of drinking low-temperature water - approximately 15 0 C, as well as consuming salted or alkaline water in order to replenish the mineral salt reserve and microelements in the body;
• eating more fruits and vegetables.

Working in hot weather indoors or outdoors

Work in an office building or outdoors at elevated temperatures must be carried out within the time period established by law. Normal duration a working day is set when the temperature is within the following limits:

More information about working conditions related to labor protection can be found in SanPiN 2.2.4.548-96, which, in addition to the temperature regime, also indicates other environmental indicators, including relative air humidity, the intensity of thermal radiation from devices and equipment, speed air movement. These characteristics should also be given increased attention, since they directly affect people’s well-being, their health and performance.

Responsibility for ignoring the norms of the Labor Code of the Russian Federation

Responsible for the creation comfortable conditions execution job responsibilities is the employer represented by the immediate supervisor, heads of departments or a labor protection specialist. In addition, the workers themselves must ensure that they have acceptable working conditions, and if any violations are detected, contact a labor protection specialist or immediate supervisor (see →).

When such a message is received, the employer is obliged to measure the temperature indoors or outdoors, recording its changes over time. If it detects a significant increase in temperature, it can use several options:

1. install an air conditioning and ventilation system;
2. transfer employees to workplaces with optimal or acceptable temperature conditions;
3. take frequent breaks during the working day;
4. reduce working time depending on thermometer readings.

If the employer does not use any of the proposed solutions to the problem, the labor inspectorate has the right to hold him accountable, since he violates the norms of labor and sanitary-epidemiological legislation. In this case, regulatory authorities have the right to:

When in summer period the temperature outside the window of the office and other premises exceeds the usual limits, everyone, willy-nilly, wonders how work is regulated in the heat of Labor Code. In this article we present the current indoor temperature standards for 2018 in the workplace, as well as what Rostrud says about the working day in the heat, based on the current legislation, as well as sanitary standards of SanPiN.

How an employer is obliged to take into account the temperature in the room

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

By law, employers need to be aware of working conditions in hot weather, as well as the conditions for shortening working hours in high temperatures.

The employer’s obligation to regulate the temperature in 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 labor protection requirements.

Immediately before reducing working hours at high air temperatures in hot weather, you must:

• provide appropriate permissible temperature indoors at the workplace (for example, due to air conditioning in an office, workshop);
• give employees the opportunity to take breaks from work;
• provide places for rest;
• ensure that clean work areas are always available drinking water and a first aid kit with medications.

What the law says about working in the heat

There is no direct law on shortening working hours in hot weather. And, oddly enough, the Labor Code does not directly regulate working hours in hot weather.

Note that the room temperature sensor most accurately shows the temperature state of the environment. First of all, you need to refer to it and the lack of air conditioning.

Work limit in hot weather

Closely related to the reduction in working hours due to heat is the limit on the maximum time staff can spend at the workplace (see table).

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In the summer, during the working day, along with the heat, a person experiences lethargy, apathy, increased fatigue, and in some cases, dizziness, fainting and exacerbation of various diseases.

As is known, increased air temperature in the workplace is a harmful production factor.

The work of many workers is constantly associated with this hazard (workers of blast furnaces, foundries, rolling shops, cooks, etc.). Such employees receive compensation for work during harmful conditions(milk, additional payments, early retirement, etc.). But how can we help employees of administrative departments of organizations who are sweltering from the heat in the office workplace???

Working conditions, workplace And labor process should not have a harmful effect on humans - this is stated in Art. 25 Federal Law No. 52-FZ dated March 30, 1999 “On the sanitary and epidemiological well-being of the population.” Requirements for ensuring safe working conditions for humans are established by sanitary rules and other regulations. legal acts Russian Federation.

Individual entrepreneurs and legal entities are obliged to carry out sanitary and anti-epidemic (preventive) measures to ensure safe working conditions for humans and to comply with the requirements of sanitary rules and other regulatory legal acts of the Russian Federation to production processes and technological equipment, organization of workplaces, collective and individual means protection of workers, work, rest and consumer services for workers in order to prevent injuries, occupational diseases, infectious diseases and diseases (poisonings) associated with working conditions.

To prevent the adverse effects of the microclimate of workplaces and industrial premises on the well-being, functional state, performance and health of a person, sanitary rules and SanPiN standards 2.2.4.548-96 “Hygienic requirements for the microclimate of industrial premises.” They apply to microclimate indicators at workplaces of all types of industrial premises and are mandatory for all enterprises and organizations and contain tables of optimal and permissible microclimate indicators at workplaces of industrial premises, as well as recommended standards for time spent at workplaces at air temperatures above permissible values.

Indicators characterizing the microclimate in production premises are:

• air temperature;
• surface temperature;
• relative air humidity;
• air speed;
• intensity of thermal radiation.

Acceptable microclimatic conditions are established according to the criteria for the permissible thermal and functional state of a person for the period of an 8-hour work shift. They do not cause damage or health problems, but can lead to general and local sensations of thermal discomfort, tension in the thermoregulatory mechanisms, deterioration of well-being and decreased performance.

Acceptable values ​​of microclimate indicators at workplaces must correspond to the following values:

• Category Ia includes work with an energy intensity of up to 120 kcal/h (up to 139 W), performed while sitting and accompanied by minor physical stress (a number of professions in precision instrumentation and mechanical engineering enterprises, watchmaking, clothing production, in the field of management, etc.).
• Category Ib includes work with an energy intensity of 121 - 150 kcal/h (140 - 174 W), performed while sitting, standing or associated with walking and accompanied by some physical stress (a number of professions in the printing industry, at communications enterprises, controllers, craftsmen in various types production, etc.).
• Category IIa includes work with an energy intensity of 151 - 200 kcal/h (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 effort (a number of professions in mechanical assembly shops of machine-building enterprises, in spinning and weaving production, etc.).
• Category IIb includes work with an energy intensity of 201 - 250 kcal/h (233 - 290 W), associated with walking, moving and carrying weights up to 10 kg and accompanied by moderate physical stress (a number of professions in mechanized foundries, rolling, forging, thermal, welding shops of machine-building and metallurgical enterprises, etc.).
• Category III includes work with an energy intensity of more than 250 kcal/h (more than 290 W), associated with constant movement, movement and carrying of significant (over 10 kg) weights and requiring great physical effort (a number of professions in forge shops with hand forging, foundries workshops with manual filling and pouring of flasks of machine-building and metallurgical enterprises, etc.).

For office workers work categories Ia or Ib apply, i.e. These are works, usually sitting or standing with minor movements, associated with minor physical energy costs. For such categories, sanitary rules already provide for a working day of no more than 7 hours at 28.5 degrees. Whereas for higher temperatures, for example at 32.5 degrees, the working day is no more than 1 hour.

It should be noted that at elevated temperatures in the workplace, it is necessary to take into account other indicators: humidity, air speed in the premises, as well as individual tolerance, heat sensation, the presence of various cardiovascular diseases in workers and many other physiological factors.

Thus, according to sanitary rules, enterprises and organizations are recommended to limit the time workers spend at work places at elevated air temperatures. The working day can also be divided, while maintaining the total working time. This issue must be resolved by the employer.

Heads of enterprises, organizations and institutions, regardless of their form of ownership and subordination, in order to ensure production control are obliged to bring workplaces into compliance with the microclimate requirements provided for by sanitary rules.

The establishment by the employer of a shortened working day at elevated air temperatures is not the only possible option prevention of its adverse effects on the health of workers. Depending on production activities and the nature of the work performed, the employer can independently determine and consolidate in a collective agreement or other local normative act appropriate preventive measures - reducing working hours, installing air conditioners and fans at workplaces, additionally providing employees with drinking water or mineral water, installation of equipment for cooling water or refrigerators, shifting the beginning and end of the working day, introducing regulated breaks during the working day.

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