At what temperature does the working day shorten in summer? Temperature standards in the workplace. What to do if the temperature in the workplace is above normal. What is the optimal temperature for working indoors?

Well, I’ve come to a very interesting topic! It will be especially relevant for Muscovites, who suffer from the heat every summer in summer periods. 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 work time, 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.

“Should an employer shorten working hours in hot weather if the premises in which people work are not equipped with air conditioning? I heard that if the room temperature is above 25 degrees, the working day should be shortened. Is it so?" Lyudmila (Kursk).

Lawyer Anna GVOZDITSKIKH answers: “SanPiN 2.2.4.54896 “Hygienic requirements for the microclimate of industrial premises” states that to protect workers from possible overheating or cooling, when the air temperature in the workplace is higher or lower than permissible values, the time spent at the workplace (continuously or in total for a work shift) should be limited.

The specified SanPiN, of course, relates to state regulatory requirements for labor protection and primarily addresses labor safety issues. It talks about limiting the time workers stay at work if the maximum limit is exceeded. permissible temperatures on a working day (shift). However, the concept of “stay time” is not identical to the concept of “working time”.

This SanPiN establishes the obligation for the employer to modify the work and rest regime of work, as required by Article 212 of the Labor Code of the Russian Federation, so that the time spent at the workplace is unfavorable production factors complied with hygienic requirements. It seems that this duty can be fulfilled different ways(let workers go home earlier, introduce additional breaks, equip a rest room, move them to another workplace And so on).

If an employer fails to fulfill this duty, he simultaneously commits two offences:

– violation of sanitary rules, since workplaces do not comply with these rules in terms of temperature;

– violation of labor legislation, namely labor protection standards, since employees work in unfavorable conditions.

This means that if the employer does not limit the time spent at the workplace at elevated temperatures and does not provide the employee with other work, it turns out that the time spent at the workplace becomes equal to the duration daily work(shifts).

Therefore, in this case, indeed, for workers there are overtime, since they work at the initiative of the employer outside the working hours established for them. Thus, employees can be advised to file complaints with the authorities Federal service for supervision in the field of consumer rights protection and human well-being (Rospotrebnadzor) or in labor inspections. The fine established by the Code of Administrative Offenses of the Russian Federation for legal entities for violations of sanitary rules is comparable to the costs of purchasing and installing air conditioners and fans.”

The table below shows the possible time spent at workplaces at air temperatures above permissible values:

* Category Ia includes work with an energy intensity of up to 139 W, performed while sitting and accompanied by minor physical stress (a number of professions in precision instrumentation and mechanical engineering enterprises, as a watchmaker, clothing production, in the field of management, etc.).

Category Ib includes work with an energy intensity of 140–174 W, performed while sitting, standing, or associated with walking and accompanied by some physical stress (for example, 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 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 stress (in particular, a number of professions in mechanical assembly shops of machine-building enterprises, in spinning and weaving production, etc.).

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

*** Category III includes work with an energy intensity of 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 manual forging, foundries with manual forging and pouring flasks of machine-building and metallurgical enterprises, etc.).

Office workers are included in category Ia. If the air temperature at the workplace is 30°C, the duration of their working day cannot exceed 5 hours, 31°C - 3 hours, 32°C - 2 hours, at 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 in the workplace. Based on the results of the examination, a protocol is drawn up. In it, the commission reflects the measurements obtained and assesses their 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 in workplaces).

Reader reviews (9)

Many thanks to lawyer Anna GVOZDITSKIKH for her detailed answer to the question. I hope that I can refer to it when talking with my director

And the temperature in the room is +35 degrees..... It's hot...
And they are not going to let go and lay off, how to deal with this???

What is a working day like when working outside in heat above 35 degrees???

In Russia, to fight? - no way!
If the office is small (the kind that don’t install air conditioners), then it’s difficult to fight with it - right up to dismissal...
And with large and large ones, if suddenly the air conditioner does not work, etc. - You can also start complaining - I don’t think the matter will come to court...

How to properly create a commission at an enterprise to measure the microclimate in production premises, measurement report? How to justify reducing the time shift workers spend outdoors in the heat?

It is the Lord who punishes everyone for greed.
Otherwise, every person wants to transport his butt in an individual foreign car, but not just one.
The goats have trashed the atmosphere, and now think, if there is anything, how to live for your CHILDREN in the future.
And these are some more flowers...

How will the employer pay for these shortened days, for 6 hours of work or a salary for 8 hours?

The team of tour guides asks for clarification: are there any restrictions for our work when working outside in extreme heat, when even in the shade the temperature is above 30 degrees?

Greetings, dear friends! I don’t know about you, but here in Novosibirsk it’s a relatively cold period for November. It seems sunny and dry, but due to the humidity and northeast wind it is quite cold.

I think that you can try to reduce work at low temperatures. You will learn how to do this from this note.

The main thing here is to understand at what temperatures it becomes possible to shorten the working day.

Taking into account the requirements of the Labor Code, hygienic standards contained in sanitary rules and regulations (“R 2.2.2006-05. Guidelines for the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions” and “SanPiN 2.2.4.548-96 2.2.4 Physical factors of the production environment Hygienic requirements for the microclimate of production premises. Sanitary rules and standards”, establishing, among other things, optimal and permissible temperature indicators for workplaces), the head of the company may decide to shorten the working day or stop work at extremely low or high temperatures.

But the employees themselves may require this. According to Article 21 of the Labor Code of the Russian Federation, an employee has the right to a workplace that meets state regulatory requirements for labor protection and the conditions stipulated by the collective agreement. According to the law “On the sanitary and epidemiological welfare of the population,” working conditions, the workplace and the labor process should not have a harmful effect on humans. What if not the cold in the workplace can lead to hypothermia and illness?

Thus, the employer is obliged to control the microclimate at the enterprise, including the temperature in the workplace. Temperature measurements at workplaces are carried out using a thermometer or psychrometer at least 3 times per working day (shift).

After the measurements, it is necessary to draw up a protocol in which to justify and evaluate the measurements taken for compliance with the regulatory requirements of the Sanitary Rules. Only after carrying out all the necessary measurements, the employer can decide to reduce the working day of employees based on the norms of the Sanitary Rules and retain full-time work for the employees. wages taking into account that the temperature environment does not correspond to acceptable values.

If the work is related to the implementation labor activity outdoors, then Article 109 of the Labor Code of the Russian Federation provides for special breaks for heating at low temperatures. These breaks are included in the total working time.

And in judicial practice There were precedents when employees defended their right to a warm workplace.

In the Determination of the St. Petersburg City Court dated October 25, 2010 No. 14529 state enterprise an order was issued to eliminate violations, including non-compliance temperature regime in enterprise premises and workplaces.

And in the Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated December 11, 2008 No. A82-653/2008-9, the court indicated that the employer did not provide safe conditions labor to his employee, which led to an accident at work while the employee was insulating windows due to unsatisfactory maintenance of the building, expressed in the lack of insulation of window frames for work in the autumn-winter period, as a result of which the air temperature in the workplace was below normal.

For reference:

At what office temperatures is a shortened working day possible?

Working conditions are regulated sanitary rules and SanPiN standards 2.2.4.548-96 “Hygienic requirements for the microclimate of industrial premises.”

According to the document, those who work indoors are divided into five categories:

• sedentary work. This includes managers, office workers, garment and watch production workers. For them, the most comfortable room temperature is +22°C - +24°C.
• if you spend the whole day on your feet. For example, these are controllers, sales consultants. They must operate at +21°C - +23°C.
• The work involves some physical stress. For example, tour guides, employees of cleaning shops at machine-building enterprises. The optimal temperature for them is +19°С -+21°С.
• work involving walking and carrying weights up to ten kilograms. These are mostly factory workers - mechanics, welders. For them, the room temperature should be +17°C - +19°C.
• involves heavy physical labor, for example, in foundries and forges. This category also includes loaders who carry furniture and equipment heavier than ten kilograms. For them the temperature is slightly lower - + 16°С -+ 18°С.

When the temperature in the workplace drops 1 degree below normal, working hours are reduced by 1 hour.

Thus, at a temperature of +19°C the working day office worker will be 7 hours, +18 °C - 6 hours and so on. At a temperature of +12°C and below, work stops and, according to Article 157 of the Labor Code of the Russian Federation, working time in this case is paid by the employer in the amount of at least two-thirds tariff rate.

However, I would like to note that SanPiN 2.2.4.548-96 does not have the status of normative legal acts, and therefore the requirements established by these acts cannot be considered as mandatory, and are only advisory in nature.

If the workplace is located in unheated premises or the work is carried out outdoors, you can be guided by “MR 2.2.7.2129-06. Work and rest regimes for workers in cold weather in open areas or in unheated premises,” as well as regulatory documents at the regional and/or municipal level.

1. Article 21 of the Labor Code of the Russian Federation - an employee has the right to a workplace that meets state regulatory requirements for labor protection and the conditions stipulated by the collective agreement.

2. At the same time, Article 212 of the Labor Code of the Russian Federation obliges the employer, among other things, to ensure working conditions in each workplace that comply with labor protection requirements; organizing control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees.

3. Based on Article 219 of the Labor Code of the Russian Federation, every employee has the right, including to a workplace that meets labor protection requirements.

4. At the federal level, requirements for working conditions are regulated Federal law dated March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population” (hereinafter referred to as Law No. 52-FZ).

4.1. In particular, paragraph 1 of Art. 25 says that working conditions, the workplace and the work process should not have a harmful effect on humans. Requirements for ensuring safe working conditions for humans are established by sanitary rules and other regulations. legal acts Russian Federation.

4.2. According to paragraph 2 of Art. 25 of Law No. 52-FZ individual entrepreneurs And legal entities are required 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 for 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.

5. In accordance with clause 4.2 of SanPiN 2.2.4.548-96. "2.2.4. Physical factors of the production environment. Hygienic requirements for the microclimate of industrial premises. Sanitary rules and regulations" microclimate indicators must ensure the preservation of the thermal balance of a person with the environment and the maintenance of an optimal or acceptable thermal state of the body.

5.1. Based on clause 4.3 of SanPiN 2.2.4.548-96, indicators characterizing the microclimate in production premises include, among other things, air temperature and air speed.

6. “MR 2.2.7.2129-06. Work and rest regimes for workers in cold weather in open areas or in unheated rooms,” as well as regulations regional and/or municipal level.

That's all I have. Until new notes!

05/16/2019, Sashka Bukashka

Working in hot weather is special conditions labor, which impose certain obligations on employers. If employees are forced to continue working in a stuffy and hot room in the summer, then employers must take care of the comfort of employees. Which, in turn, should also know their rights to protection from heat and demand their compliance from management.

By the way, payment for such forced leaves can be made according to the norms of Part 2 as downtime for reasons beyond the control of the employer and employee, in the amount of at least two-thirds of the average salary.

Working outside in the heat

If we are talking about working for fresh air, and not in a room where an air conditioner can be installed, then more stringent requirements apply both to the air temperature and to the organization of the labor process. If the summer is successful and it’s hot outside, the benefits for employees who work outside are as follows:

If the temperature has reached 35 °C, working without a break is prohibited. It is necessary to stop work and go to a cool place every 20-30 minutes, the break should last at least 10-15 minutes. A person cannot be exposed to thermal environmental influences for more than 5 hours in total during a shift. In this case, you can only work in special clothing to protect against thermal radiation. If the employer has not provided protective clothing made of thick fabric, then the total time spent in the heat per shift cannot exceed 2 hours.

The following are not allowed to work outside in hot weather:

• persons under 25 years of age;
• persons over 40 years of age;
• pregnant women;
• persons suffering from chronic diseases.

Working outdoors at temperatures above 37 °C is strictly prohibited. This is dangerous heat for the human body. In this case, it is necessary to organize the schedule so that the work occurs in the morning or evening.

In hot weather, dehydration is a particular danger, so the employer must take care to organize the drinking regime for employees. Must be available at all times and in sufficient quantity. drinking water cool temperature. According to SanPiN recommendations, the optimal temperature for drinks is 12-15 ºС. To compensate for the loss of salts and microelements excreted from the body through sweat, it is necessary to provide workers not just with water, but with tea or alkaline mineral water. Lactic acid drinks, juices and oxygen-protein cocktails, which must be stored in the refrigerator, quench thirst well and protect the body in hot weather.

Comfortable conditions for every employee

So, regardless of whether a person works outdoors or indoors, the employer must provide him with comfortable conditions and protection from the heat:

• provide all workers with clean drinking water;
• provide the opportunity to take breaks from work;
• organize places to relax with a cool temperature;
• provide, including from heat and sunstroke.

But the main thing that both employees and employers should not forget about is that any changes in working conditions and work schedule must be documented additional agreements To employment contracts and approved by orders for the organization.

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 actual information according to hygienic requirements for microclimatic conditions in production premises. It contains data on which temperature conditions are favorable for carrying out work activities, and which are acceptable, at which manufacturing process can be carried out in the same mode if there is no way to achieve the optimal mode.

According to Labor Code In the Russian Federation, an 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 working 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 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 ambient temperature outside or the microclimate in the room;
• 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 office space or outdoors at elevated temperatures should 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 the 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:

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