Every employer must provide employees with optimal working conditions. The productivity and health of people depend on them. Our government has developed rules that ensure the safety and comfort of workers. They also include the temperature in the office. Hygienic requirements are approved by the law "On the sanitary and epidemiological welfare of the population." The document, adopted in 1999, obliges all employers to strictly abide by the rules.
Temperature standards
Brain workers, who mostly work in offices, are inactive. This negatively affects health. And when they have to work, freezing from the cold or languishing from the unbearable heat, the situation worsens several times. To protect them, SanPiN rules were created, requiring them to withstand a certain humidity and temperature in the office. Unfortunately, not all employees are aware of them, and employers, taking advantage of this, do not fulfill their duties.
The rule clearly states that the temperature norm for people working in an office for 8 hours should be:
- v summer period- from 23 to 25 ° С;
- in winter - from 22 to 24 ° С;
- allowed deviation from the norm - 1-2 ° С;
- the maximum temperature fluctuation on the thermometer during the day is 3-4 ° C.
In addition, the permissible humidity at the workplace is spelled out in the regulatory documents. It ranges from 40 to 60 percent. Maximum speed wind ranges from 0.1 to 0.3 meters per second. Therefore, the boss has no right to force work in a draft or in the immediate vicinity of a functioning air conditioner. If your workplace located there, you can legally change it to improve working conditions.
Algorithm for executing the rules
The sanitary standards describe not only the requirements for the temperature regime. There are detailed recommendations on what to do when comfortable working conditions are not observed and the temperature is not maintained.
Many employees do not know that by law they must be in the office full time if the temperature in the room fluctuates between 20-28 ° C. Deviation up or down is a serious reason to reduce the time spent on work. Each extra degree reduces work by 1 hour.
If the boss did not prepare the premises, did not install a good ventilation system and a powerful air conditioner there, then the summer heat in the office will not take long.
- A thermometer mark of 29 ° С implies being in the office for 7 hours, 30 ° С - 6 hours, 31 ° С - 5 hours.
- When the heat reaches 32.5 ° C, you only need to come to work for 1 hour.
- If the thermometer in the room shows even higher, you can safely stay at home, you cannot work in such conditions.
The cold is dangerous to health and labor productivity no less than the heat, therefore, when the temperature drops to 19 ° C, the working day is reduced by an hour. With each degree, the time spent in the office is proportionally reduced. When the room freezes over so much that the thermometer starts to show 13 ° C, you will need to stay there for only an hour. And if the temperature drops even lower, do not hesitate to stay at home so as not to get sick from hypothermia at work.
As is known, warm streams air tend to rise up, and cold ones - to go down, therefore, by measuring the temperature at different heights in the office, you can find an error of several degrees. In order to exclude manipulation by employees or bosses, the regulatory act requires the installation of a thermometer at a meter height from the floor. Only in this way is his testimony considered reliable, and the workers' claims justified.
What can an employee do?
When the air temperature is above normal or too low, and the employee feels that such a microclimate poses a health risk, action must be taken. According to the law, a person can refuse to fulfill his labor duties for a while.
You can't just not come to work, motivating it by the fact that the norms of SanPiN are not met. You need to write an official statement indicating the reasons for the absenteeism. In the document, it is advisable to mention article 379 of the Labor Code, which says that the performance of labor duties should not bring a risk to health. It also notes that everyone has the right, in self-defense, not to go to work until conditions meet the standards.
A correctly executed application is a guarantee that the employee will retain his place of work and all the rights that are provided for by labor legislation.
If the temperature regime is violated, but the employee continues to work in in full, every extra hour is considered overtime and must be paid as overtime by law.
How can a boss get around the law?
In response to the employee's requirements as stated in the application, the employer may offer an alternative solution to the problem.
According to sanitary standards, if the microclimate does not comply with the established rules, it is necessary to limit the time spent in such a room, and not to reduce the length of the working day. Therefore, the boss at legal basis maybe:
- invite employees to move to another office space where working conditions meet generally accepted requirements;
- increase the time of the lunch break in proportion to the reduction in the working day due to the violation temperature regime, providing employees with a comfortable place to rest. This measure is often used when the temperature in the office ceases to comply with the rules by several degrees.
These methods do not solve the problem, but are a trick on the part of the employer in order to circumvent the current labor protection law. Therefore, it is necessary to demand from the management to adjust the functioning heating system, carry out work on wall insulation and install air conditioners in the office.
Penalty for the employer
Many bosses of large and small firms demand from employees to work in inappropriate conditions, threatening to be fired. Therefore, you need to be interested in your rights and defend them, relying on the state, which in this matter is completely on the side of the workers.
Article 163 of the Labor Code says that the head is obliged to provide decent working conditions for all subordinates. If he does not carry out work to normalize the microclimate, you can find a council for him. To do this, you should write an application to the sanitary and epidemiological service of the Russian Federation and to the labor inspectorate. Organizations are required to send the check to the specified office. If violations are recorded, the employer will need to pay a fine in the amount of 10 to 20 thousand rubles.
If this measure does not force the boss to improve working conditions, during a second check, the work of the company may be suspended for 3 months, based on the article on administrative violations 6.3.
It rarely goes to such extremes, because it is easier for management to install in the office necessary equipment maintaining a normal microclimate than to participate in various proceedings related to violations of temperature standards. In addition, labor productivity directly depends on the comfort in the workplace, which is important for an experienced manager.
A person spends almost his entire conscious part of his life at the workplace. It is for this reason that the requirements that govern the hygienic requirements of the microclimate in the premises where people work are natural. It is very important to comply with all these norms and rules in office-type premises, where a person uses primarily mental activity. And this type of work is characterized by relative physical inactivity. This leads to Negative consequences incorrect working conditions are further exacerbated.
The legislation provides for a number of laws regarding the temperature regime in office-type premises, as well as the liability of the owner (employer) for non-compliance and violation.
Temperature regime and microclimate very strongly affects the performance and well-being of a person. A low or high air temperature that has a long-term effect on a working person not only negatively affects human health, but also greatly reduces the productivity of his work. People working in office spaces perform a wide variety of activities, large quantity of which it requires being in one specific position for a long period. This is mainly a sedentary and sitting position:
- Making decisions.
- Communication with customers.
- Paperwork.
- Computer work and other similar professions.
Physical inactivity and mental work not very well coexist with the uncomfortable temperature regime of the air in an office-type room.
After conducting many experiments, the researchers found that even minor fluctuations in the air temperature so strongly affect the efficiency of work in the office that if it is impossible to provide the desired microclimate, it makes sense to shorten the working day.
It is very important to provide an appropriate temperature regime in the office. This is the obligation of the employer under the law, regardless of the level of subordination and form of ownership of the organization.
Optimum or comfort
Every person who works in the office wants to carry out their activities in conditions of maximum comfort... But this concept is highly subjective, since it is tied to the personal sensations of each individual individual. And these feelings, as you know, are different for everyone. What is for one individual excellent option, for another it may be simply unacceptable. It is because of this that in regulations and office documents do not use such a concept as "comfortable conditions".
Instead of the term subjective "comfort" is used in professional vocabulary more definite and precise parameter "optimal conditions". As for the optimal air temperature, this value is determined through complex calculations and physiological studies. When calculating, the average human needs are taken into account.
Optimal temperature requirements are legal. This is recorded in certain regulatory documents.
SanPiN on the protection of human health
Into a special code Russian Federation all standards are collected. This code defines optimal health and hygiene standards for different spheres human activities, including for employment. These documents relate to the technical and medical fields. At the same time, it is also legislative, it is for this reason that it is necessary to fulfill all these norms.
The abbreviation SanPiN stands for sanitary rules and regulations. The document that regulates optimal conditions in the workplace is called SanPiN 2.2.4.548-96 and reads as follows: hygienic requirements for the microclimate in production facilities. These SanPiN provide labor protection regulations for office workers and workers in production. These SanPiNs were adopted within the framework of Federal Law No. 52 of March 30, 1999 "On the Sanitary and Epidemiological Welfare of the Population."
Compliance with the requirements of SanPiN by the employer supported by articles Labor Code Of the Russian Federation No. 209 and 212. They deal with the responsibility for non-observance by the employer of the rules of labor and health protection, as well as timely measures of rehabilitation, treatment and prevention, sanitary and other similar nature. Article 163 of the Labor Code of the Russian Federation prescribes that the employer must take a set of measures in order to ensure an optimal working microclimate.
What measures can be taken
The solution to this problem may be the following options:
- Equipment for the recreation of a special room.
- Transfer of a worker to another workplace.
- Earlier dissolution of houseworkers.
- Additional breaks.
If the employer refuses to comply with the requirements for optimal performance, then he can be charged with two offenses at the same time.
- Violation of sanitary norms and rules (room temperature norms do not correspond to normative indicators).
- Ignoring labor laws due to the fact that people work in inappropriate conditions.
If the boss is inactive in this situation and does not agree to provide employees with another job, then the time that he was in unfavorable conditions is equal to the shift (daily working day) in duration. In other words, you can freely talk about employee overtime at the initiative of the boss with all the ensuing financial and legal consequences.
Seasonal requirements for air temperature in office premises
In a warm and cold seasons optimum room temperature conditions are achieved different ways... Based on this, we can conclude that the requirements for the indoor microclimate will differ. Accordingly, the measures that are provided for by the SanPiN, in the event that it is impossible to ensure the optimal temperature regime or it is violated, will also have differences.
So that it is not too hot
Prolonged stay in a room where the air temperature is very high is especially detrimental to health and performance. In a closed working room, this heat and stuffiness can be aggravated by a large crowd of people, the presence of working office equipment and adherence to a specially entered dress code.
It is because of this that the optimal temperature values and permissible maximum values for the hot season were established by law. For office workers with an air humidity of 40-60%, they are 23-25 degrees. The temperature can rise up to 28 degrees.
Excess air temperature in the office during the summer
If inside the office the thermometer deviates from the optimum by at least 2 degrees, then it becomes much more difficult to work. The employer will need to install air conditioning in the staff room and provide it Good work as well as timely service.
If suddenly, for some reason, this is not done, then the employee should not resignedly endure the unbearable heat, while still trying to meet all professional requirements. SanPiN allow with good reason to shorten the worker's standard eight-hour day for which they were designed the following temperature requirements:
Many workers celebrate Negative influence air conditioner on your health, which is harmful compared to stuffiness and heat. According to the same requirements of SanPiN, along with humidity and temperature indicators, the speed of air movement in the room is limited, which should be in the range from 0.1 to 0.3 m / s. From these requirements of SanPiN it follows that an employee should not be under the jet of a blowing air conditioner.
Cold is the enemy of work
No work is good in a cold room, especially in an office, when the body cannot warm itself up with movement. There are categories of blue-collar occupations in which it is permissible for a short time to lower the temperature regime of the air to 15 degrees, but this does not apply to those people who work in the office.
Inside the office space, in cold weather, the temperature regime must be observed in the range from 22 to 24 degrees. The fluctuation of these values is possible, but not more than by 2 degrees. For a short period of time, the thermometer can deviate from the permissible norm by a maximum of 4 degrees.
What to do if the office space is cold
Only if the air temperature does not drop below 20 degrees, the working personnel must be at the workplace a full working day (8 hours). With each lowered degree, the working time is reduced:
Temperature measurements and their features
Accuracy of temperature measurements must be observed... This is due to the fact that each degree plays a special role in the duration of the working time.
If employees or the employer are unscrupulous, it may be tempting to understate or overestimate the true temperature values. It is possible that an error is made due to the wrong placement or faulty instrument with which you are measuring.
To avoid complications with the determination of air temperature indicators, SanPiN obliges to place the device at a distance of 1 meter above the floor level.
What is the responsibility of the employer if he does not comply with the requirements of the office microclimate
If for some reason the employer refuses to install an air conditioner (fan) in the summer and a heater in the winter, thereby maintaining the optimal temperature regime in the norm, then his subordinates should not tolerate it due to the fact that they could be fired. You can contact the Sanitary and Epidemiological Service. She will definitely come to your enterprise with a check. If during the check the complaint is confirmed, then the authorities cannot avoid responsibility for failure to comply with the requirements of SanPiN.
And also for non-compliance with the requirements, the employer faces a fine of about 12 thousand rubles. If, after a second check, the same violations are revealed again, then its activities will be suspended for 3 months in accordance with Article 6.3.
Workplace temperature: sanitary standards and regulations from 2016
From 1.01.2017 all employers and employees must comply with the new requirements of the Sanitary and Epidemiological Service, which are associated with physical factors at work. This was approved by the decree of the chief sanitary state doctor of the Russian Federation dated June 21, 2016, Order No. 81. The updated sanitary standards and rules define the impact on human body and its performance indicators such as:
It is customary to call the standards the maximum permissible level of a factor, as well as its impact on a person who is at least 8 hours at the workplace, within the permissible limits. This impact should not lead to deviations in health or disease (SanPiN 2.2.4.3359-16 paragraph 1.4).
Due to the fact that new sanitary requirements were introduced, some of the old ones from January 2017 have ceased to apply. One of these is SanPiN 2.2.4.1191-03 o " Electromagnetic fields in production conditions ".
Today, the question of what should be the temperature in the workplace according to sanitary rules is relevant for workers and employers.
Sanitary rules about air temperature in the workplace
Sanitary rules establish the optimal temperature readings in the workplace. These indicators include:
- Air speed.
- Relative humidity.
- Surface temperature.
- Air temperature.
Normal sanitary indicators for cold and warm seasons are determined separately. The cold season is considered to be the period when the average daily outdoor air temperature has approached 10 degrees and below. If outside the window is more than this value, then this can be considered a warm season.
Thermometer readings in an office building are slightly different in winter and summer. At any time a person needs a heat balance with environment .
In addition to all this, depending on the energy consumption of a person, there are different indicators of the thermometer in different areas activities.
Requirements for methods of measuring and organizing microclimate control in accordance with sanitary standards
Measurements of microclimatic indicators in order to control their compliance with sanitary standards should be held during the warm season- on the days when outside temperature air differs from the maximum average temperature of the hottest month by no more than 5 degrees, and in cold weather - when the difference from the coldest month is no more than 5 degrees. The frequency of such measurements is determined by the functioning of the sanitary and technical technological equipment as well as the stability of the production process.
When choosing the time and measurement sites, it is worth considering all the factors that affect the microclimate of the workplace (the functioning of heating and ventilation systems, the phases of the technological process, and others). It is worth measuring microclimatic indicators at least 3 times per shift. If the indicators associated with technological and other reasons fluctuate, then additional measurements should be taken at the lowest and highest values of the thermal load on the employee.
Measurements should be taken at the workplace. If your place of work is several production areas, then the indicators should be measured at each separately.
If there is a source of local moisture release, cooling or heat release (open baths, heated units, gates, doorways, windows and others like them), then the indicators need to be measured at points that maximally and minimally distant from a thermal source of influence.
In those rooms where there is a high density of workplaces, but there are no sources of moisture release, cooling and heat release, places for measuring microclimatic indicators, relative to the speed of movement and air humidity, should be evenly distributed over the area of the room according to the following principle:
- Room area up to 100 square meters - the number of measured plots is 4.
- From 100 to 400 meters - 8.
- More than 400 - the distance between sites should not be more than 10 meters.
Sedentary work the speed of movement and temperature indicators should be measured at heights of 0.1 and 1 meter from the floor, and the relative air humidity - 1 meter from the working platform or floor. In standing operation, the driving speed and temperature are measured at heights of 1 and 1.5 meters, and the relative humidity is 1.5 meters.
If there is a source of radiant heat, then at the workplace the thermal radiation is measured from each source, perpendicularly positioning the device to the incident flow. These measurements are taken at heights of 0.5, 1 and 1.5 meters from the working platform or floor.
The temperature on the surfaces is measured in cases where the place of work is at a distance of no more than 2 meters from them.
Relative humidity and air temperature in the presence of air sources and thermal radiation in the workplace measured by aspiration psychrometers... If there are no such sources, then the relative humidity and temperature regime of the air can be measured with psychrometers, which are not protected from the effects of the speed of movement and thermal radiation of the air. You can also use those devices that separately measure the humidity and temperature of the air.
Air speed is measured by rotary anemometers (cup, vane and others). Small values of air speed (less than 0.5 meters per second), especially if there are multidirectional flows, are measured by thermoelectric anemometers, as well as spherical and cylindrical catathermometers, if they are protected from thermal radiation.
Surface temperatures measured by remote (pyrometers) or contact (electrothermometer) devices.
The intensity of thermal irradiation is measured with devices that provide a sensor visibility angle as close as possible to the hemisphere (not less than 160 degrees), sensitive in the visible and infrared spectral regions (radiometers, actinometers, and others).
The permissible error of the measuring instruments and the measuring range must meet the following criteria:
Based on the results of the study, a protocol is drawn up which reflects general information about a production facility, placement of sanitary and technological equipment, sources of moisture release, cooling, heat release; all diagrams for the placement of measurement sites of all required parameters microclimate and other data.
Ultimately, at the end of the protocol, the results of the measurements performed should be assessed in accordance with the regulatory sanitary requirements.
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To be productive, the office must maintain a favorable microclimate, but many employers do not meet the temperature requirements. This is a direct violation of the rules Russian legislation... From this article, you will find out the temperature standards for office premises. We will also tell you in detail where to go if the workplace gets too hot or cold.
What document regulates room temperature standards
The temperature in the premises is regulated by SanPiN 2.2. 4.548-96, approved by the law "On the sanitary and epidemiological welfare of the population" of 1999. The requirements of this regulatory document apply to offices, regardless of the profile and scale of the organization. The heads of organizations are responsible for maintaining the temperature regime. More details about the sanitary and hygienic characteristics of working conditions can be found in the article.
Permissible norms in summer and winter periods, deviations and fluctuations
The optimal temperature at the workplace according to SanPiN for knowledge workers employed 8 hours a day:
- + 23-25 ° С - in summer;
- + 22-24 ° С - during the cold season.
Maximum tolerance from the norm - 1-2 ° C. During the whole working day, temperature fluctuations should not exceed 3-4 ° C.
When using a sensitive thermometer, even in a small room, the temperature measurement results may differ by 3-4 degrees. This is due to the fact that warm air goes up, and cold - goes down. Therefore, the law requires that the thermometer be hung at a height of 1 m from the floor. In this case, the temperature will be measured correctly.
How to organize a working day if the temperature in the office deviates from the norm, see this video
What happens when temperature standards are not observed
Interesting fact
According to research by Cornell University professor Alan Hage, when optimal temperature in an office of 25 degrees, employees are practically not distracted from their duties and make a minimum number of mistakes (up to 10%). When the temperature drops to just 20 degrees, productivity drops by half, and workers make about 25% of mistakes. In more unfavorable conditions, labor productivity decreases even more.
If the temperature in the office deviates from the norm, employees have the right to demand a reduction in the duration of the working day. Employees are required to work all 8 hours only until the room is more than + 28 ° С. When the temperature rises by 1 degree Celsius, the management is obliged to reduce the duration of the working day by 1 hour:
- at + 29 ° С the working day is 7 hours;
- at + 30 ° С - 6 hours;
- at + 31 ° С - 5 hours, etc.
At + 35 ° С, the employee has the right to work only for 1 hour, and at + 36 ° С, the work is completely canceled.
The same rules apply when the temperature drops below the established norm:
- at + 19 ° С the working day is 7 hours;
- at + 18 ° С - 6 hours;
- at + 17 ° С - 5 hours, etc.
If the office is + 13 ° С, the working day is reduced to 1 hour, and at + 12 ° С the employee is not obliged to work at all.
What to do and where to contact the employee in case of violations
Additionally
If the employer does not respond to requests from employees to normalize the temperature regime in the office or shorten the working day, then they have the right to contact Federal Service for labor and employment. This can be done in in electronic format on the Rostrud website, in the section "Send an appeal", or apply personally (information can be found in the section "Public reception").
If temperature norms in the work area are not respected, employees can solve the problem in several ways:
- Ask the employer to normalize the temperature with an air conditioner or heater.
- Demand to reduce the length of the working day, in accordance with the norms of SanPiN.
- File a complaint with Rospotrebnadzor (find out how and where to complain about the employer).
- Contact the labor inspectorate.
By choosing the last two options, the workplace will be organized. Employees of the department to which the complaint was filed will establish the fact of the violation and oblige the employer to eliminate it.
What administrative measures are provided for the employer for non-observance of the temperature regime
An employer, through whose fault the office does not comply with the temperature regime, is subject to administrative liability. If the SES specialists record such a violation, the management of the enterprise will be obliged to pay a fine of up to 20,000 rubles. It is also allowed to suspend the activities of the organization for a certain period.
Still have questions? Ask them in the comments to the article
The right of workers to work in conditions that meet the requirements of labor protection is established by Art. 219 of the Labor Code of the Russian Federation. Every employee has the right to a workplace that meets labor protection requirements. The obligation to ensure safe working conditions is imposed by legislation on the employer. So, part 1 of Art. 212 of the Labor Code of the Russian Federation establishes that the employer is obliged to ensure the safety of employees when exercising technological processes, as well as the working conditions corresponding to the requirements of labor protection at each workplace. According to Art. 11, 32 FZ of 30.03.1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population" all individual entrepreneurs and legal entities are obliged to comply with the requirements of sanitary legislation, to carry out production control of compliance sanitary regulations when performing work, providing services, manufacturing, transporting, storing and selling products. In addition, in the Russian Federation there are numerous sanitary rules and other bylaws that establish regulatory requirements for labor protection. The problem is that many employers do not comply with labor protection requirements, try to bypass them, or create the appearance of meeting them at minimal cost.
Temperature regime
One of the factors affecting an employee in the course of work is the temperature regime. High temperatures in the workplace adversely affect the health of workers and may even endanger their lives if normative indicators significantly exceeded.
Regulatory requirements for air temperature at workplaces are established by Sanitary Rules and Norms (SanPiN) 2.2.4.548-96 "Hygienic requirements for microclimate industrial premises"(Approved by the resolution of the State Sanitary and Epidemiological Supervision of the Russian Federation dated 01.10.1996 No. 21). These sanitary rules are aimed at preventing the adverse effects of the microclimate of workplaces and industrial premises on well-being, functional state, working capacity and human health. SanPiN 2.2.4.548-96 is mandatory for all enterprises and organizations and applies to the microclimate indicators at workplaces of all types of production facilities. At the same time, industrial premises should be understood as confined spaces in specially designed buildings and structures, where constantly (in shifts) or periodically (during the working day) labor activity... Under this definition almost any premises where people work are suitable: from offices to production halls. Workplace - a section of the premises where labor activity is carried out during a work shift or part of it. A workplace can be several sections of a production facility or its entire area, depending on where the work is performed.
According to clause 1.4 of SanPiN 2.2.4.548-96, heads of enterprises, organizations and institutions, regardless of the form of ownership and subordination, in order to ensure production control, are obliged to bring workplaces in line with the microclimate requirements provided for by the data sanitary regulations.
Obviously, the concept of the microclimate of industrial premises is broader than the concept of temperature. An employee may feel hot and stuffy. But besides the air temperature, other factors also affect it. The microclimate in industrial premises, in addition to air temperature, is characterized by such indicators as surface temperature; relative humidity; air velocity, intensity of thermal radiation. When the permissible values are exceeded, all these factors create an employee general feeling discomfort, lead to a decrease in performance, a deterioration in well-being.
SanPiN 2.2.4.548-96 establish optimal and permissible microclimate conditions. This takes into account the intensity of energy consumption of workers, the time of work and the period of the year.
Job categories
Everything possible jobs in accordance with Appendix 1 to SanPiN 2.2.4.548-96, they are delimited into categories based on the intensity of energy expenditure of the human body, expressed in kcal / h (W).
Category Ia includes work with an energy consumption of up to 120 kcal / h (up to 139 W), performed while sitting and accompanied by slight physical stress (a number of professions at enterprises of precision instrument and mechanical engineering, at watchmaking, garment production, in the field of management, etc.).
Category Ib includes work with an energy consumption 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 different types production, etc.).
Category IIa includes work with an energy consumption 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 stress (a number of professions in mechanical assembly workshops of machine-building enterprises, in the spinning and weaving industry, etc.).
Category IIb includes work with an energy consumption of 201 - 250 kcal / h (233 - 290 W), associated with walking, moving and carrying weights up to 10 kg, accompanied by moderate physical stress (a number of professions in mechanized foundries, rolling, forging, thermal, welding shops machine-building and metallurgical enterprises, etc.).
Category III includes work with an energy consumption of more than 250 kcal / h (more than 290 W), associated with the constant movement, movement and carrying of significant (over 10 kg) weights and requiring great physical effort (a number of professions in forging workshops with hand forging, foundries with manual filling and pouring of flasks at machine-building and metallurgical enterprises, etc.).
Seasonal factor
Cold and warm periods of the year, according to p. 3.3, 3.4 SanPiN 2.2.4.548-96, are characterized by an average daily outside temperature equal to +10 and below ( cold period) and above +10 (warm period).
Optimal microclimate conditions are established according to the criteria of the optimal thermal and functional state of a person and provide a general and local sensation of thermal comfort during an 8-hour work shift with minimal stress on the mechanisms of human thermoregulation, do not cause deviations in health, and create the prerequisites for high performance. Such microclimate conditions are naturally the most preferable in workplaces. It is this microclimate that exists in the workplaces of top managers and senior executives.
For the warm season, SanPiN 2.2.4.548-96 sets the following optimal air temperature indicators, depending on the category of work by the level of energy consumption:
Iа - 23 - 25
Ib - 22 - 24
IIa - 20 - 22
IIb - 19 - 21
III - 18 - 20
When, due to technological requirements, for technical and economically justified reasons, optimal working conditions cannot be ensured, SanPiN 2.2.4.548-96 establish permissible microclimate conditions. The permissible microclimatic conditions are established according to the criteria of the permissible thermal and functional state of a person for the period of an 8-hour work shift. Acceptable microclimate conditions do not cause damage or health problems, but can lead to general and local sensations of thermal discomfort, to tension in thermoregulatory mechanisms, deterioration of health and a decrease in working capacity.
For the warm season, depending on the category of work, the following permissible air temperature values are set in the range above the optimal values:
Ia - 25.1 - 28
Ib - 24.1 - 28
IIa - 22.1 - 27
IIb - 21.1 - 27
III - 20.1 - 26
If these indicators of air temperature at the workplace in the warm season are exceeded, there is a fact of inconsistency of working conditions with labor protection requirements and, consequently, violation of labor protection requirements by the employer.
Harmful and hazardous working conditions
In some industries, there are certain types of industries where it is impossible to establish acceptable microclimate conditions due to technological requirements to the production process or economically justified inexpediency (for example, metallurgical, pulp and paper production, etc.). Obviously, it is impossible to hang air conditioners on a blast furnace in order to achieve acceptable air temperatures. The microclimate in such industries will always be unfavorable. In such industrial premises, working conditions should be considered harmful and dangerous. In order to prevent the adverse effects of the microclimate on employees, the employer, in accordance with clause 6.10 of SanPiN 2.2.4.548-96, is obliged to use protective measures, such as: the use of local air conditioning systems; air spraying; compensation for the adverse effects of increased air temperature by changing other parameters of the microclimate; issuance of appropriate overalls and other means to employees individual protection; changes in the regulation of working hours, including the establishment of breaks in work, a reduction in the working day, an increase in the duration of vacation, etc.
Appendix 3 to SanPiN 2.2.4.548-96 sets limits on the time spent by workers at workplaces in the event of a deviation of the air temperature from the permissible standard indicators, depending on the category of work. So, at an air temperature of 32.5 and work categories Ia, Ib, workers can stay at the workplace for no more than 1 hour (continuously or in total for work shift); workers whose work belongs to categories IIa, IIb can be at the workplace for 1 hour at an air temperature of 31.5; and on category III jobs, workers can work no more than 1 hour at an air temperature of 30.5. Therefore, when the indicated air temperature values are exceeded, work even the most a short time at least unsafe, work in such conditions is not provided for by sanitary rules at all. Unfortunately, this Appendix is advisory in nature and does not oblige employers to strictly comply with it. Nevertheless, his recommendations are quite reasonable, and if the employer, who does not provide acceptable microclimate conditions in the workplace, does not want to follow the recommendations, then he must take other measures to protect workers from adverse effects. high temperature air and other microclimate factors. The employer can increase the duration of the lunch break to two hours (Article 128 of the Labor Code of the Russian Federation), because in the overwhelming majority of organizations it is one hour; introduce additional breaks at their enterprises and organizations; shorten the working day. According to Part 1 of Art. 109 of the Labor Code of the Russian Federation on certain types work provides for the provision of employees during working hours of special breaks due to technology and organization of production and labor. The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations. The employer, taking into account the opinion of the trade union body, can introduce appropriate provisions into these rules and establish additional breaks. Also, no one prevents employers from taking measurements of the air temperature at workplaces and issuing an order to reduce the working day on the basis of SanPiN 2.2.4.548-96. Thus, there are still opportunities to protect workers from the adverse effects of heat.
It should be noted that for violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population, expressed in violation of the current sanitary rules and hygienic standards, failure to comply with sanitary and hygienic and anti-epidemic measures, administrative responsibility is provided (Article 6.3 of the Code of Administrative Offenses of the Russian Federation). This offense shall be subject to a warning or imposition administrative fine for citizens in the amount of 100 to 500 rubles; for officials - from 500 to 1000 rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from 500 to 1000 rubles. or administrative suspension of activities for up to 90 days; on legal entities- from 10,000 to 20,000 rubles. or administrative suspension of activities for up to 90 days.
How to influence the employer
Eliminating the adverse effect on workers of increased air temperature, creating permissible (especially optimal) microclimate conditions for industrial premises is not cheap, it requires significant financial costs from the employer. For this reason, many employers neglect sanitary rules and do not create proper working conditions (and some do it simply because they do not care about workers). And the workers themselves often contribute to the occurrence of such situations, being afraid to tell the management about the unbearable conditions at the workplace, about violations of labor protection rules. (Apparently, this is how most Russian workers: first, we lose health, earning money, and then we already lose money, trying to restore health ...)
However, if the employer does not provide acceptable microclimate conditions, employees have many opportunities to influence such an unscrupulous employer and protect their right to work in a healthy and safe environment.
Article 45 of the Constitution of the Russian Federation reads: "Everyone has the right to defend their rights and freedoms in all ways that are not prohibited by law." An employee has the right to protect his labor rights, freedoms and legal interests in all ways not prohibited by law (part 1 of article 21 of the Labor Code of the Russian Federation). This method is directly provided for by labor legislation - this is the employee's self-defense. labor rights.
In accordance with Art. 379 of the Labor Code of the Russian Federation, for the purpose of self-protection of labor rights, an employee, having notified the employer or his immediate supervisor or another representative of the employer in writing, may refuse to perform work that directly threatens his life and health, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws... (For example, according to article 4 of the Labor Code of the Russian Federation, an employee will not be able to refuse work performed in emergency conditions, that is, in the event of a disaster or threat of disaster - fires, floods, hunger, earthquakes, epidemics or epizootics, and in other cases threat to life or normal living conditions of the entire population or part of it.) In addition, part 1 of Art. 219 of the Labor Code of the Russian Federation expressly provides for the right of the employee to refuse to perform work if there is a danger to his life and health due to violation of labor protection requirements (except for cases provided for by federal laws), until such a hazard is eliminated. At the time of refusal from such work, the employee retains all the rights provided for by labor legislation and other acts containing labor law norms. And the employer or his representatives do not have the right to prevent employees from exercising self-protection of labor rights (Article 180 of the Labor Code of the Russian Federation).
If the employee refuses to perform work in the event of a danger to his life and health, the employer is obliged to provide him with another job for the duration of the elimination of the hazard (part 4 of article 220 of the Labor Code of the Russian Federation). If the provision of another job is not possible, the employer, in accordance with Part 1 of Art. 57 of the Labor Code of the Russian Federation, is obliged to pay the employee the downtime arising in connection with the lawful refusal to perform work, in the amount of at least 2/3 of the employee's average earnings. This is due to the fact that in accordance with Part 1 of Art. 212 of the Labor Code of the Russian Federation, obligations to ensure safe conditions and labor protection are imposed on the employer, and downtime caused by failure to fulfill these obligations is considered as downtime due to his fault.
To force the employer to ensure acceptable temperature conditions in the workplace, workers can use following algorithm action. (These actions will be most effective if all workers working in unfavorable conditions, or most of them, stand up to defend their rights - collective action is always more effective.)
First of all, workers need to jointly measure the air temperature in their workplaces. To do this, you can use a regular household thermometer. To avoid errors (if the thermometer is of poor quality or faulty), you can use several different thermometers.
The obtained air temperature values are compared with the requirements of SanPiN 2.2.4.548-96. If the air temperature exceeds the permissible standard indicators, then the working conditions pose a threat to the health and life of workers, and they have the right to refuse to work until the employer eliminates this hazard.
Further, the obtained air temperature values must be recorded by drawing up an appropriate act. The act must be drawn up in duplicate, signed by at least three employees, but it will be better if it is signed by all employees who observed the temperature measurement. The content of the act, see Appendix 1.
One copy of the act must be handed over to the immediate supervisor or another representative of the employer and require him to sign on the second copy, which remains with the employees, as well as the date and time of acceptance of the copy of the act. If the employer's representative refuses to accept the act or make a mark of acceptance, you can give him the act in the presence of at least two (or better, as soon as possible more) witnesses. In such a situation, it is not bad to record the moment of delivery of a copy of the act on video, if this is not prohibited by the rules established in the organization.
Then each of the employees, in accordance with the requirements of Art. 379 of the Labor Code of the Russian Federation, must notify the employer of his refusal to work. This can be done by issuing an appropriate notification (see Appendix 2).
The notification is drawn up by each employee in two copies, one of which, with a copy of the Act attached to it, is handed to the employer's representative, and the second, with a note of the employer's representative on receipt, remains with the employee.
During the period of refusal to work, the employee may be absent from the workplace. After the employer informs about the elimination of the danger to the health of the employee, the latter is obliged to start work again.
Annex 1
The act on revealing the violation of labor protection requirements
Date, place of drawing up the act (it is enough to indicate the name of the city where the organization is located)
We, the undersigned _______________ (the names of the employees are listed), have compiled present Act that _______________2011 at ___ h. ___ min. (date and time of temperature measurement) at the workplace ______________________________
(the workplace is concretized by indicating its location - organization, workshop, site, premises - and the name of the position of the employee who works on it) the air temperature was ____ o C.
____________ / _____________ / "___" ____________2011
____________ / _____________ / "___" ____________2011
(signatures of employees with a decrypted signature and date)
Appendix 2
To the head of the shop (department, site, etc.) _______________________
from _______________________ (full name, position of the employee)
Notification
I hereby notify you that the air temperature at my workplace exceeds the permissible values established by SanPiN 2.2.4.548-96, approved. Resolution of the State Sanitary and Epidemiological Supervision of the Russian Federation dated 01.10.1996 No. 21.
In this regard, guided by Art. 21, 219, 220, 379 of the Labor Code of the Russian Federation, I refuse to perform work in conditions that threaten my health, until this danger is eliminated. Ready to start work again after receiving written notification of the elimination of the hazard.
According to Art. 157, 212 of the Labor Code of the Russian Federation, the downtime that arose in connection with my refusal to perform work due to the employer's failure to comply with labor protection requirements, please pay at least 2/3 of my average earnings.
Appendix: a copy of the Act dated _________2011
"___" __________2011 ________ / _________ / (date, signature with decryption)
Payment for utilities grows every year, especially in times of crisis for the economy. Unfortunately, nothing of the kind can be said about their quality. When citizens give a significant part of their hard-earned funds to provide comfortable conditions residence, utilities strive to show bad faith on all fronts of their work.
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If in the course of self-measurement you found that the temperature rate is lowered, you should inform the Emergency Dispatcher Service about this. If the disruption of heat supply is not caused by natural factors (for example, an accident on the heating main), the dispatcher calls the emergency team to the house, which constitutes the official measurement report.
Measurement should be carried out by a registered device that has all the necessary technical documents... The act specifies the following information:
- date of its compilation,
- apartment characteristics,
- composition of the commission,
- device data,
- temperature values,
- signatures of all members of the commission.
The act is drawn up in two copies, one of which remains with the owner of the apartment, and the other - with the housing and communal services employees who are measuring.
Air exchange rate
Air temperature is not the only parameter that directly affects the comfort and safety of people living in the house. Air exchange is important for the body: the presence fresh air, ventilation of residential and non-residential premises.
This parameter is also adjustable regulatory documents SanPiNa. So, the required rate of air exchange rate for a dwelling with an area of 18 m² is 3 m³ / h per one square meter, for the kitchen - three times more.
The air exchange rate is a characteristic determined by the ratio of air removed or supplied from a room per hour to the volume of this room.
How to measure the coolant?
The heating medium in the central heating system is hot water flowing from the tap.
You can measure its temperature different ways but the simplest is thermometer measurement of tap water temperature poured into a glass.
It is also possible to measure the temperature of the pipes. The value of this parameter should be equal to 50-70 ° С.
Responsibility of utilities for violation of the temperature standard
If the temperature in the room is below normal in winter, what should I do?
By law, citizens have the right to demand reduction of heat bills by 0.15% for each hour of non-compliance by utilities with your temperature standard. Having carried out simple calculations, it can be established that for 4 weeks of providing the service of low-quality heating of the house, the payment for it is reduced by more than 90%. Of course, utilities will not voluntarily agree to such a recalculation, and therefore we must go to court.
Application for recalculation of heating bills in Management company can be downloaded.
History knows examples when citizens managed to defend their rights. So, in 2014, a resident Perm Territory collected from the utilities 136 thousand rubles for the failure of the utilities to comply with their obligations to provide her home with heat.
Temperature norms in the apartment. Watching the video:
