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2.8.3. The procedure for providing employees with personal protective equipment
According to the requirements Labor Code Russian Federation workers engaged in work with harmful or dangerous conditions of labor, as well as for work performed in special temperature conditions or associated with pollution, certified special clothing, special shoes and other personal protective equipment are issued free of charge. The purchase of PPE and the provision of them to employees in accordance with the requirements of labor protection is carried out at the expense of the employer.
Expenses for ensuring normal working conditions and safety measures, incl. provision of special clothing, special footwear, protective devices, will be included in the cost of products (works, services).
Standard sectoral norms for the free issuance of PPE (hereinafter referred to as the Standard Sectoral Standards) provide for the provision of PPE to workers regardless of which sector of the economy belongs to production, workshops, sections and types of work, as well as regardless of the ownership of the organization and their organizational and legal forms.
For example, workers employed in the production of facing materials made of natural stone, regardless of which branch of the economy this production is located in, are issued PPE in accordance with the Standard Industry Norms of Free Issuance of PPE to Industrial Workers building materials, organization of glass and porcelain-faience industry. Also, a machine operator engaged in the mechanical processing of metal, regardless of the organization in which he works, is issued PPE in accordance with the Standard Industry Norms of Free Issuance of PPE to workers in machine-building and metal-working industries.
Employees whose professions and positions are provided for in the Model Norms of Free Issuance of PPE to workers of cross-cutting professions and positions of all sectors of the economy, PPE are issued regardless of the production, workshops and areas they work, unless these professions and positions are specifically provided for in the relevant Model industry regulations. For example, a battery worker working in an organization road transport, PPE is issued in accordance with the Model Norms of Free Issuance of PPE to workers in cross-cutting professions and positions in all sectors of the economy.
For the same category of workers employed in underground mining in the mining industry, free PPE should be issued in accordance with the Model Industry Norms for Free Issue of PPE to workers in the mining and metallurgical industry and metallurgical industries of other industries.
V individual cases in accordance with the specifics of production, the employer may, in agreement with the state labor protection inspector and the relevant trade union body or other representative body authorized by employees, replace one type of personal protective equipment provided for by the Standard Industry Norms with another that provides full protection from dangerous and harmful production factors: cotton overalls can be replaced with a cotton suit or a dressing gown and vice versa, a cotton suit - semi-overalls with a shirt (blouse) or a sundress with a blouse and vice versa, a woolen suit - a cotton suit with fireproof or acid-protective impregnation and on the contrary, a canvas suit is a cotton suit with fire-retardant or water-repellent impregnation and vice versa, leather boots (ankle boots) - with rubber boots and vice versa, leather boots (ankle boots) - with tarpaulin boots and vice versa, felt boots - with tarpaulin boots and vice versa.
In cases where personal protective equipment such as a safety belt, dielectric galoshes and gloves, a dielectric rubber mat, goggles and shields, a respirator, a gas mask, a protective helmet, a comforter, a mosquito net, a helmet, shoulder pads, elbow pads, self-rescuers, antiphones, plugs , noise-protective helmets, light filters, vibration-protective gloves and others, are not specified in the Model Industry Norms, they can be issued by the employer to employees on the basis of certification of workplaces, depending on the nature of the work performed, with a period of wear - before wear or as duty and may be included in collective agreements and agreements.
The costs of providing PPE indicated above are also included in the cost of products (works, services).
At the conclusion employment contract(contract), the employer acquaints workers with the rules for providing workers with PPE, as well as the rules for the issuance of personal protective equipment to them.
PPE issued to employees must correspond to their gender, height and size, the nature and conditions of the work performed and ensure occupational safety. In accordance with Art. 215 of the Labor Code of the Russian Federation, personal protective equipment for workers, including those of foreign production, must comply with state regulatory requirements for labor protection and have a declaration of conformity and (or) a certificate of conformity. The acquisition and issuance of personal protective equipment to employees that do not have a certificate of conformity is not allowed.
The employer is obliged to replace or repair special clothing and special footwear that have become unusable before the end of the wearing period for reasons beyond the control of the employee.
In case of loss or damage of PPE in the established places of their storage for reasons beyond the control of employees, the employer is obliged to give them other serviceable PPE.
The collective-use PPE on duty provided for in the Model Industry Norms should be issued to employees only for the duration of the work for which they are provided, or can be assigned to certain workplaces (for example, sheepskin coats - at outdoor posts, dielectric gloves - for electrical installations, etc. .) and transferred from one shift to another. In these cases, PPE is issued under the responsibility of the foreman or other persons authorized by the employer.
Warm special clothing and warm special shoes provided for in the Model Industry Standards (suits with an insulating pad, jackets and trousers with an insulating pad, fur suits, sheepskin coats, felt boots, hats with earflaps, fur mittens, etc.) should be issued to employees with the onset of the cold season , and with the onset of warm weather, they can be handed over to the employer for organizational storage until the next season. The time for using warm special clothing and warm special footwear is established by the employer in conjunction with the relevant trade union body or other representative body authorized by employees, taking into account local climatic conditions.
Students of any form of education, students of general education and educational institutions initial vocational education, students of educational institutions of higher and secondary vocational education for the duration of their practical training (industrial training), industrial training masters, as well as workers temporarily performing work in professions and positions provided for by the Standard Industry Standards, for the duration of this work, PPE are issued in accordance with the generally established procedure ...
Foremen, foremen performing the duties of foremen, assistants and assistants of workers whose professions are provided for in the relevant Model Industry Standards are issued the same PPE as workers in the corresponding professions.
The PPE provided for in the Model Industry Standards for workers, specialists and employees should be issued to these workers even if they are senior in their position or profession and perform directly those jobs that entitle them to receive these PPE.
Workers combining professions or constantly performing combined jobs, incl. in complex teams, in addition to the PPE issued to them for the main profession, depending on the work performed, other types of PPE stipulated by the Model Industry Norms for the combined profession should be additionally issued, depending on the work performed.
The employer is obliged to organize proper accounting and control over the issuance of PPE to employees in a timely manner.
The issuance and delivery of PPE to employees must be recorded in the employee's personal card. Personal signature of the employee confirming receipt of PPE is required.
In accordance with Art. 212 of the Labor Code of the Russian Federation ”, the employer is obliged to ensure that employees are informed about the personal protective equipment they are entitled to and ensure their issuance.
In accordance with p. 214 of the Labor Code of the Russian Federation, while working, employees whose professions and positions are provided for in the Model Industry Standards are required to use and correctly apply the PPE issued to them. The employer takes measures to ensure that the employees during work actually use the PPE issued to them. Workers should not be allowed to work without PPE provided for in the Model Industry Standards, in faulty, unrepaired, contaminated special clothing and special footwear, as well as with faulty PPE.
Employees must take good care of the PPE issued for their use, promptly inform the employer about the need for dry cleaning, washing, drying, repair, degassing, decontamination, disinfection and dust removal of special clothing, as well as drying, repair, degassing, decontamination, disinfection, and decontamination of special footwear and other PPE.
The terms of use of PPE are calculated from the date of their actual issuance to employees. At the same time, the time for wearing warm special clothes and warm special shoes also includes the time of its storage in the warm season.
When issuing PPE to workers, such as respirators, gas masks, self-rescuers, safety belts, mosquito nets, helmets and some others, the employer must ensure that workers are instructed on the rules of use and the simplest ways to check the serviceability of these means, as well as training on their use.
The employer provides, in accordance with the terms established by GOST, regular tests and inspection of the health of PPE (respirators, gas masks, self-rescuers, safety belts, mosquito nets, helmets, etc.), as well as timely replacement of filters, glasses and other parts of PPE with reduced protective properties... After checking the serviceability of the PPE, a mark (stamp, stamp) should be made on the timing of the subsequent test.
For the storage of PPE issued to employees, the employer provides specially equipped rooms (dressing rooms) in accordance with the requirements of building codes and regulations.
At the end of the work, employees are prohibited from taking PPE outside the organization. In some cases, where, according to the working conditions specified order cannot be observed (for example, at logging, at geological works, etc.), PPE may remain with workers outside working hours, which can be stipulated in collective agreements and agreements or in the internal labor regulations.
In accordance with Art. 220 of the Labor Code of the Russian Federation, in the event that the employee is not provided with PPE (in accordance with the norms), the employer is not entitled to require the employee to perform his job duties and is obliged to pay for the downtime that arose for this reason in accordance with the legislation of the Russian Federation.
The employer organizes proper care for PPE and their storage, timely carries out dry cleaning, washing, repair, degassing, decontamination, decontamination and dedusting of special clothing, as well as repair, decontamination, decontamination and decontamination of special footwear and other PPE.
In cases where it is required by production conditions, dryers for special clothing and special footwear, chambers for dust removal of special clothing and installations for degassing, decontamination and neutralization of PPE should be arranged in the organization (workshop, site).
Overalls for those working with oils, varnishes, paints and other flammable and combustible liquids should be stored suspended in metal cabinets installed in places specially designated for this purpose.
Responsibility for timely and in full providing employees with PPE, for organizing control over the correctness of their use by employees is the responsibility of the employer in the manner prescribed by law.
08.11.2017, 11:29
Let's say that a newly created enterprise has harmful working conditions. The head of this organization gave the personnel officer the task to find out whether the employer is really obliged to ensure the issuance of PPE or whether the purchase of personal protective equipment is the concern of the workers themselves. For the director, you need to prepare a detailed reasoned answer - positive or negative. Our consultation will help the personnel specialist to understand the issue of whether the employer is obliged to ensure the issuance of PPE - personal protective equipment.
Who is entitled to PPE
Some employees work in conditions that require the mandatory use of personal protective equipment. For example, employees who work (Article 221 of the Labor Code of the Russian Federation) should have PPE:
- associated with harmful and hazardous working conditions;
- occurs in special temperature conditions;
- associated with pollution.
Personal protective equipment is technical means and materials that are used to reduce the exposure of workers to harmful or hazardous production factors or to completely prevent them. Workers at hazardous industries PPE must be provided.
To understand whether certain professions are classified as harmful or dangerous, you can use the following regulatory legal acts:
- the list approved by the decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298 / P-22;
- instructions approved by the decree of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of November 21, 1975 No. 273 / P-20.
Harmful working conditions are occupational factors (for example, noise, vibration, etc.) that can cause illness in an employee.
Hazardous working conditions are work factors that can lead to injury or injury to an employee.
(Order of the Ministry of Health and Social Development of Russia of 12.04.2011 No. 302n, Decree of the Government of the Russian Federation of 25.02.2000 No. 163).
PPE is provided by the employer
After disclosing the fundamental concepts of industrial safety, let's move on to the question of who is obliged to provide workers with PPE.
We must say right away that the current legislation obliges employers, at their own expense, to provide employees whose work takes place in harmful or dangerous conditions with personal protective equipment (part 2 of article 212, part 3 of article 221 of the Labor Code of the Russian Federation).
Thus, the employer is obliged to ensure the purchase and distribution of certified PPE. In addition, the organization ( individual entrepreneur) must (Article 212, Part 3, Article 221 of the Labor Code of the Russian Federation):
- notify employees about the PPE required by law;
- timely issue protective equipment and monitor their condition;
- to provide care for PPE, namely - washing, drying, repair;
- timely replace worn out protective equipment;
- store the PPE of employees.
Outside organization
What to do if employees of another company work in the production department of an organization with harmful working conditions. Who is required to provide PPE to third party workers?
In this case, the obligation to provide other employees with personal protective equipment is borne by their employer. Provide overalls and other means to employees who are not part of the regular staff, the organization - the manufacturer harmful work is not required.
35. The procedure for providing employees of the enterprise with special clothing, special footwear and other personal protective equipment
At work with harmful and (or) hazardous working conditions, as well as at work performed in especially temperature conditions or associated with pollution, employees are issued with certified personal protective equipment, washing and neutralizing agents in accordance with the standards approved in the manner established by the Government of the Russian Federation. Federation.
The acquisition, storage, washing, cleaning, repair, disinfection and neutralization of personal protective equipment for employees is carried out at the expense of the employer.
The employer is obliged to ensure the purchase at his own expense and the issuance of special clothing, special footwear and other personal protective equipment, washing and neutralizing agents in accordance with the established standards to employees engaged in work with harmful or hazardous working conditions, as well as in work performed in special temperature conditions or associated with pollution.
The employee is obliged to use the means of individual and collective protection correctly ...
Personal protective equipment for workers (PPE) must meet the following general requirements:
- to prevent or reduce the impact of harmful and hazardous production factors;
- protective equipment should not be a source of harmful or dangerous production factors;
- protective equipment is assessed according to protective indicators;
- PPE is used only in the absence of effective collective protection.
Free overalls, safety footwear and protective devices are issued to workers and employees to protect:
a) from pollution at work, causing increased dust emission, with coloring and skin-corrosive substances: lime, cement, paints, acids, alkalis, leaded gasoline, etc.;
b) from splashes of molten metal during electric and gas welding;
c) from burns and other thermal effects when working in high temperature conditions;
d) from hypothermia of the body when working in conditions of low temperature;
e) from bodily harm when working on machines and mechanisms;
f) from dampness and moisture when working in water and at high air humidity;
g) from defeat electric shock;
h) from falling when working at height;
and from harmful effects on the eyes of light (during electric welding) and other radiation, etc.;
j) from the harmful effects of gases and vapors on skin and internal organs of the worker.
The following personal protective equipment may be used at the enterprise:
Special clothing:
- overalls, semi-overalls;
- jackets, trousers, suits, robes, raincoats, short fur coats, sheepskin coats;
- aprons, vests, arm ruffles.
Special footwear.
Hand protection:
- mittens, gloves.
Head protection:
- helmets, helmets, comforters, hats.
Face protection:
- protective masks, protective shields.
Respiratory protection:
- gas masks, respirators.
Protective glasses.
Safety devices:
- safety belts;
- dielectric rugs;
- hand grips, manipulators;
- elbow pads, shoulder pads.
Hearing protection:
- anti-noise helmets, headphones, earbuds.
Dermatological protective agents:
- washing creams, pastes, ointments.
The employer is obliged to provide storage, washing, drying, disinfection, degassing, decontamination and repair of special clothing, special footwear and other personal protective equipment issued to employees in accordance with established standards.
When organizing work to provide employees of the enterprise with personal protective equipment, it is necessary to be guided by the following documents:
- Standard industry norms for the free distribution of special clothing, special footwear and other personal protective equipment to employees, approved by the decrees of the Ministry of Labor and Social Development of the Russian Federation;
- materials of certification of workplaces for working conditions;
- materials for the analysis of industrial injuries and occupational morbidity for the previous period;
- The rules for providing workers with special clothing, special footwear and other personal protective equipment, approved by the decree of the Ministry of Labor and Social Development of the Russian Federation.
Question from a visitor
What kind regulations define PPE requirements? what PPE should correspond to in order for us to say “yes, this overalls are certified "?
Answer for the visitor
Greetings!
Order of the Ministry of Health and Social Development of the Russian Federation of 01.06.2009 N 290н (as amended on 27.01.2010) "On the approval of the Interindustry rules for the provision of workers with special clothing, special footwear and other personal protective equipment" (Registered in the Ministry of Justice of the Russian Federation 09/10/2009 N 14742)
5. Provision of PPE to employees, including those acquired by the employer for temporary use under a lease agreement, is carried out in accordance with the standard norms for the free distribution of special clothing, special footwear and other personal protective equipment (hereinafter referred to as the standard norms), passed in the prescribed manner certification or declaration of conformity, and on the basis of the results of certification of workplaces for working conditions, carried out in accordance with the established procedure.
8. Issuance of PPE to employees, including those of foreign manufacture, as well as special clothing that the employer has in temporary use under a lease agreement, is allowed only if there is a certificate or declaration of conformity confirming the compliance of the issued PPE with safety requirements established by law, as well as the availability sanitary and epidemiological conclusion or certificate of state registration dermatological PPE, issued in the prescribed manner.
Certification is carried out in accordance with the procedure established by the Rules for Certification of Personal Protective Equipment, approved by the Resolution of the State Standard of Russia dated June 19, 2000 N 34 "On Approval and Implementation of the Rules for Certification of Personal Protective Equipment"
(Registered in the Ministry of Justice of the Russian Federation on July 28, 2000 N 2331).
Decree of the Government of the Russian Federation of 01.12.2009 N 982 (as revised on 04.03.2013) "On approval of a unified list of products subject to mandatory certification and a unified list of products whose conformity is confirmed in the form of a declaration of conformity" approved a unified list of products subject to mandatory certification. compulsory certification, and a single list of products, the conformity of which is confirmed in the form of a declaration of conformity.
Commission Decision Customs Union dated 09.12.2011 N 878 (as amended on 13.11.2012) "On the adoption of the technical regulations of the Customs Union" On the safety of personal protective equipment "
(together with "TR CU 019/2011. Technical regulations of the Customs Union. On the safety of personal protective equipment")
5.4. Confirmation of the compliance of personal protective equipment with the requirements of this technical regulation of the Customs Union is carried out in following forms:
1) declaration of conformity;
2) certification.
The employer's obligation to comply with labor safety requirements at work includes the need to provide employees with personal protective equipment (hereinafter also referred to as PPE). Depending on the characteristics of the type of labor function performed, these may include footwear, clothing, various prophylactic, protective, cleaning agents, etc. Compliance with the requirements for the provision of such means is mandatory for the employer. Let's consider them in more detail.
Individual protection means
In Art. 209 of the Labor Code of the Russian Federation contains a definition of the concept of PPE. Their purpose:
- preventing or reducing the level of influence on the body of harmful factors;
- pollution prevention.
The rules for providing employees with personal protective equipment were approved by Order of the Ministry of Health and Social Development dated 01.06.2009 N 290n (hereinafter - Order 290n).
This order, in particular, contains:
- the procedure for issuing PPE;
- the procedure for using PPE;
- PPE storage and care instructions;
- the form of the accounting document for the issuance of PPE.
The procedure for issuing PPE
The obligation to issue PPE arises:
- if there are harmful and (or) hazardous labor factors in the workplace that affect employees;
- if the work of employees is associated with special temperature conditions or pollution.
The purchase and issue of protective equipment is the employer's responsibility and is carried out at his expense. If there is the aforementioned obligation to issue PPE, employees will not be charged for issuing PPE.
The Ministry of Labor, the Ministry of Health and Social Development, other authorized departments, by their regulatory acts, approve standard standards for the issuance of PPE, depending on specific factors labor activity in certain areas.
For example, the Decree of the Ministry of Labor of the Russian Federation of July 22, 1999 N 25 approved standard norms for organizations consumer services; By order of the Ministry of Health and Social Development of 03.10.2008 N 543n, standard norms for housing and communal services workers were approved.
Protective equipment is provided in accordance with the gender, the required dimensions and the nature of the work.
At the end of the period of use, as well as in the event of damage or loss of PPE through no fault of the employee, the employer is obliged to issue him new means of protection.
Work permit without appropriate established requirements PPE is not allowed.
Storing and caring for PPE
The employer must arrange for the care of PPE.
His duties include, including:
- dry cleaning;
- deactivation;
- disinfection;
- dedusting;
- repair and replacement of protective equipment.
The employer does not have to carry out the appropriate work aimed at caring for the PPE on his own. He has the right to conclude a deal with the involvement of third parties in the specified work.
The storage of PPE is also an employer's concern. For this purpose, he must allocate a special room.
PPE Issuance Accounting Form
In order to record the issuance of PPE to employees, a personal card is kept in the form specified in the Appendix to Order 290n.
A personal card can be kept:
- in paper form;
- in electronic form.
It, in particular, reflects:
- date of issue;
- return date;
- percentage of wear;
- the signatures of the employee and the person responsible for accepting PPE from the employee.
A responsibility
If the employer has not issued PPE that meets the established requirements, then sanctions in the form of a fine may follow:
- for officials and entrepreneurs - from 20,000 to 30,000 rubles;
- for organizations - from 130,000 to 150,000 rubles. (
