2 degree of harmfulness of working conditions what. Harmful working conditions

Any profession can negatively affect human health. However, there are certain areas of work where employees directly risk life and health. The list of professions with harmful working conditions is established at the legislative level; such lists were drawn up in the days of the USSR and approved by the Cabinet of Ministers. For citizens employed in such industries, a number of social benefits are provided, including early access to a well-deserved rest.

Currently, employers are using a more productive system of incentives and compensation for physical damage. In addition, there are special state programs aimed at supporting this category of employed citizens.

Classification of working conditions

According to the current legislation, all labor activity is conditionally divided into 4 categories, each of which is based on the degree of risk factors for health and life:

• optimal - on the territory and in the internal premises a healthy microclimate is maintained and maintained, which has a positive effect on labor productivity;
• permissible - normal conditions remain, the level of harmful factors does not exceed permissible norms;
• harmful - the permissible norms are exceeded, which causes harm to human health;
• hazardous - working conditions can cause serious harm to health, sometimes they pose a threat to life.

In turn, harmful and hazardous industries are subdivided into 4 degrees of severity:

1. Changes that have begun in the human body are reversible and usually appear after the end of labor activity. Such ailments in medical slang are called "occupational diseases";
2. Pathological changes are more pronounced and often lead to temporary disability (a person regularly leaves for sick leave). Here, chronic ailments caused by professional activity most often develop;
3. Irreversible processes occur in the body that can lead to partial disability;
4. Severe functional disorders of internal organs and systems occur, which in advanced cases leads to the assignment of a non-working disability group.

It is necessary to understand that the classification of harmful working conditions is carried out at the legislative level, and the degree of harmfulness of a certain production is assessed by authorized organizations and supervisory authorities. Usually inspections in this area are carried out by representatives of the labor inspectorate and Rostrud.

The activities of the employees of these departments are based on the following legal framework:

1. Articles of the Labor Code of the Russian Federation.
2. Government Decree No. 188 of March 29, 2002 “On Approving the Lists of Industries, Professions and Positions with Harmful Working Conditions, Work in Which gives the Citizens Working with Chemical Weapons the Right to Social Support Measures”.
3. Federal Law No. 426 "On Special Assessment of Working Conditions".

These regulatory documents govern labor relations between employers and employees employed in hazardous industries.

Determination of the degree of harm

The following factors are considered standard indicators that determine the degree of harm:

• increased concentration of dust on the territory and inside the premises, which leads to its settling in the lungs, making it difficult for the respiratory system;
• low-quality lighting, depressing effect on the psyche, negatively affecting the organs of vision;
• loud noise;
• radioactive and other wave radiation capable of causing harm to health;
• constant vibrational vibrations;
• high humidity and high temperatures;
• interaction with pathogens, dangerous viruses, chemically active components and highly toxic substances;
• difficult working conditions, strenuous work activity that can lead to mental disorders.

Of course, these are rather vague wordings, and for sure many citizens can classify their profession as harmful and dangerous. To avoid labor disputes and misunderstandings, there is a list of professions established at the state level, which takes into account all potentially dangerous areas of work.

A complete list of professions that are recognized as harmful and dangerous

According to the technical and legal norms in force in Russia, the following production sectors are recognized as harmful and potentially life-threatening:

1. Mining;
2. Metallurgical, associated with ferrous and non-ferrous metals;
3. By-product coke and thermoanthracite production;
4. Producers of generator gas;
5. Dinas products;
6. Chemical enterprises;
7. Production lines for the production of ammunition and explosives;
8. Oil and gas processing, including the extraction of gas condensate, coal, shale;
9. Metalworking;
10. Electrotechnical, including the repair of electrical devices;
11. Release of radio equipment and complex electronics;
12. Enterprises engaged in the production of building materials;
13. Manufacturing products from glass or porcelain;
14. Pulp and paper mills;
15. Manufacturing drugs, medicines and biomaterials;
16. Healthcare enterprises;
17. Polygraphy;
18. Transport and technical services;
19. Research laboratories associated with the study of radioactive radiation, any professions whose members are exposed to ionizing radiation;
20. Nuclear Industry and Energy;
21. Diving work;
22. Employees directly related to dangerous viruses and bacteria;
23. Electric and gas welders performing work inside closed compartments, metal containers and tanks;
24. Enterprises engaged in etching metals in chemically hazardous solutions;
25. Employees of workshops and production lines involved in cleaning metal surfaces with sandblasting machines using quartz sand;
26. Mercury substations;
27. Personnel employed in power plants and power trains;
28. Food industry;
29. Organizations performing repair and restoration, restoration and construction work;
30. Enterprises engaged in the provision of communication services;
31. Film copying enterprises;
32. Agrochemical complexes;
33. Teaching staff involved in training personnel for the chemical industry.

There is also a list of harmful and hazardous labor factors that are subject to research when assessing working conditions in Article 13 of the Federal Law No. 426-FZ dated December 28, 2013 "On special assessment of working conditions".

Moreover, in the Decree of the Government of the Russian Federation of February 25, 2000, No. 162, a list of heavy work and work with harmful or dangerous working conditions is approved in which it is prohibited to use the labor of women, and in the Decree of the Government of the Russian Federation of February 25, 2000, No. 163, a list of heavy and hazardous work, in which the use of persons under the age of 18 is prohibited.

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Professions that give the right to early registration of a pension

The second list includes less harmful professions, but long-term employment in this area can negatively affect health. These include:

• positions related to mineral processing;
• metallurgy;
• gas electric welders;
• railway workers;
• persons employed in food industry enterprises;
• health workers;
• peat extraction;
• employees of agrochemical complexes;
• communications enterprises;
• electrical engineers and specialists involved in the repair of electrical equipment;
• construction specialties.

The following conditions apply here for early registration of pension provision (clauses 2, clause 1, article 30 of the Federal Law of December 28, 2013 No. 400-FZ "On Insurance Pensions"):

1. Men - experience of at least 12 and a half years, retirement from 55 years;
2. Women - experience of at least 10 years, retirement from 50 years.

List of benefits and compensations

For representatives of hazardous and harmful professions, a number of benefits are provided that must be strictly observed by the employer. This includes the following items:

• free and regular provision of overalls, footwear and personal protective equipment in accordance with the regulations of the enterprise (Article 221 of the Labor Code of the Russian Federation);
• provision of additional days to paid annual leave (Article 117 of the Labor Code of the Russian Federation);
• additional payment for special working conditions: at least 4% of the official salary (Article 147 of the Labor Code of the Russian Federation);
• shorter working week: such citizens cannot be employed more than 36 hours a week (Article 92 of the Labor Code of the Russian Federation);
• issuance of medical food: dairy and sour milk products, material compensation is allowed, paid monthly (Article 222 of the Labor Code of the Russian Federation, Article 219 of the Labor Code of the Russian Federation);
• annual medical examination at the expense of the enterprise, in some cases additional medical examination is allowed before performing certain duties (Article 213 of the Labor Code of the Russian Federation).

These measures are mandatory for every employer, whose employees are employed in industries hazardous to health and life. The heads of enterprises have no right to refuse to provide medical food or material compensation to employees for not receiving it. In addition, the employer cannot oblige such employees to purchase personal protective equipment and other equipment necessary for the safe performance of work at their own expense.

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February 27, 2018, 20:20 Oct 7, 2019 15:53

In the article, we will tell you how harmful working conditions are determined and classified, what obligations impose on the employer. Download Form 1-T and a time log.

What is harmful working conditions

Working conditions are a characteristic of the labor process and the working environment that affects the health of the employee. The higher the UT class, the more harmful and dangerous they are. The class is established during a special assessment.

Four classes of UT have been established:

1st Optimal. Exposure to an employee of harmful or hazardous production factors (HOPF) is absent or the degree of their impact does not exceed the standards adopted as safe for humans.

2nd Permissible. The level of influence of the VOPF does not exceed the standards, and the altered functional state of the employee's body is restored during the rest period or by the beginning of the next working day (shift).

3rd Harmful. The exposure levels of the FATF exceed the normative ones.

4th Dangerous. The degree of exposure to harmful or hazardous production factors during the working day or part of it can pose a threat to the life of an employee, and the consequences lead to a high risk.

Harmful working conditions (HWC) are those conditions under which the worker is affected by harmful or hazardous production factors, after which a certain period of time is required to restore his health.

The general functional state of the human body undergoes changes throughout life. These changes occur in all physiological systems - in the musculoskeletal system, in the respiratory, endocrine, cardiovascular, reproductive, central and peripheral nervous systems.

The impact of production factors affects both the physical condition and the cognitive functions of a person - on his thinking, speech, memory, mental activity. The longer a person is in unfavorable working conditions, the faster fatigue, fatigue, disorientation sets in, and the likelihood of accidents and occupational diseases increases.

Harmful working conditions: Labor Code of the Russian Federation

Under article 219, the employer is obliged to provide workers with compensation for work in the VUT. These include:

• reduced working hours (classes 3.3 and 3.4) - no more than 36 hours per week;
• annual additional paid leave (classes 3.2, 3.3., 3.4);
• increased payment;
• early retirement.

The employer should remember the rule: the accrual of benefits and compensations to the employee is carried out on the same day when the report on the special assessment of the UT is approved.

The cancellation of benefits and compensations is possible only if the employer documents and physically confirms that as a result of the measures taken, the conditions at the workplace have become acceptable or optimal, and the harmful factors have been eliminated. The employer is given two months to notify the employee in writing about the improvement of UT and the cancellation of benefits.

How harmful conditions in the workplace differ from hazardous ones -

Harmful production factors

WOFF are subdivided into several groups:

Physical- air humidity, various types of radiation, electromagnetic fields, illumination, vibration, air temperature, dust, etc.

Chemical factors of the working environment - chemical and biological substances obtained by the method of chemical synthesis.

Biological- products and mixtures of biological origin, for example bacteria, microorganisms, fungi, spores, etc.

Labor- the duration of the work process, the degree of its severity, physical and psychological stress.

A complete list of the HOPF is presented in annexes to, approved. By order of the Ministry of Labor of Russia dated 01.24.2014 No. 33n.

Grade 3 - harmful working conditions

VUT is divided into four subclasses.

3.1 Upon termination of exposure to HOPF, the altered state of the human body returns to normal in a period exceeding the beginning of the next working day or shift. This means that if, for example, you take the employee out, its destructive effect will not stop immediately, but under certain circumstances will worsen - fatigue, food, lifestyle may not allow the employee to have quality rest. The impact of a harmful factor accumulates in the tissues of the body, which sooner or later will lead to a loss of working capacity. Subclass 3.1 is dangerous in that the body, which is not properly restored by the beginning of the next day, cannot resist the onset of negative changes. Therefore, the employee must receive milk and.

3.2 Levels of exposure to HOPF can cause persistent functional changes in the worker's body. The result of this is the emergence and development of initial forms of occupational diseases or occupational diseases of mild severity (without loss of occupational ability to work), arising after prolonged work in such conditions (15 or more years).

3.3 The degree of influence of harmful or hazardous production factors can lead to permanent functional changes in the worker's body. The result is the emergence and development of occupational diseases of mild and moderate severity (with the loss of occupational ability to work) during the period of labor activity. Additional vacation, additional payment and a short working day are laid. Harmful factors are already destroying the body, so time protection should work.

3.4 The level of exposure to HOPF can cause the emergence and development of severe forms of occupational diseases (with loss of general ability to work) during the period of employment.

The classification of working conditions according to the degree of hazard and hazard is carried out based on the results of the SAWS. We will tell you how many classes are established, and how, in accordance with them, benefits and compensation are assigned to employees.

Read in the article:

Classes of harmfulness of working conditions

Labor legislation of the Russian Federation requires organizations to take measures to improve working conditions. To identify which harmful and hazardous factors affect the employee, and to which class his workplace belongs, SOUT allows.

According to the law, in the presence of a HOPF, employees are entitled to certain benefits: an increase in salary, a shorter working day, and so on. Their availability, as well, depends on the assigned class.

In total, the law establishes four such classes:

• Optimal
• Allowable
• Harmful
• Dangerous

If the optimal conditions are the ideal, and the acceptable ones are quite rare, then harmful and dangerous conditions are what most often deal with the supervisory authorities, the employers themselves. Negative production factors are present in almost any job, even in the office.

Classes of working conditions according to the degree of hazard and hazard - table

How many degrees of hazard are hazardous working conditions?

How the class of working conditions is established according to the indicators of the severity of the labor process

Let us consider how UT are classified according to the indicators of the severity of the labor process. Here we will be helped by the methodology, which is spelled out in the Order of the Ministry of Labor of Russia dated 01.24.2014 No. 33n. In this document, the severity of the labor process is defined as the degree of stress on the body as a whole and its functional systems in the process of fulfilling the employee's job duties. What indicators should you rely on?

These include:

The matter is not limited to physical exertion, other types of loads on the body must also be taken into account:

• intellectual;
• sensory;
• emotional;
• regime.

All these factors are detailed in Order No. 33n, and in aggregate they make it possible to determine working conditions with high accuracy.

Classification of working conditions by factors of the working environment

How to determine the class of working conditions according to the HOPF? It is important to find out whether the exposure exceeds or does not exceed. The expert of the organization conducting the SAUT, together with the members of the commission, during the special assessment, must determine the degree of influence of harmful and dangerous factors on the employee during work. To do this, he compares the factors of the working environment available at the workplace with the factors from the classifier. If the identified factors coincide with those given in the classifier, they are recognized as identified.

Identification includes the following steps:

• identification and description of the factors of the working environment present in the workplace, sources of harmful or hazardous effects;
• comparison and establishment of their coincidence with the factors provided;
• research and measurement of the impact level and its consequences;
• registration of the identification results by the commission for conducting the SAWS.

A clear division of workplaces into hazard classes helps management make effective decisions to improve working conditions and achieve full compliance with labor law requirements.

According to the norms of labor legislation, enterprises undertake to assess the created working conditions. The results of the special assessment are needed to classify the organization's activities as a safe or hazardous type of production. Working conditions class 2 and 1 are considered safe, classes 3 and 4 are considered hazardous. How to understand class of working conditions 2? What does this mean and is it permissible in the organization? What is required for such a class? Are there any benefits? Let's figure it out.

Obligation of special appraisal

The special assessment of working conditions (OSH) in 2014 was transferred to the category of mandatory procedures for all types of employers. Each workplace of an employee must be examined by a commission and evaluated. This rule came into effect in 2014. The norm also applies to small organizations with 1-2 employees. An exception is made only for telecommuting and telecommuting personnel.

The OSHMS is governed by the provisions of the Federal Law dated December 28, 2013 No. 426-FZ. Its norms make it possible to postpone the special assessment for 5 years, if in 2013 certification of all workplaces at the enterprise was carried out. The term of the OSHMS depends on the degree of harmfulness of working conditions. The class of working conditions is determined based on the results of the special assessment.

If there is a risk to the health or life of workers, Rostrud insists on an OSHMS as soon as possible. The decisions of the courts indicate that in the absence of harmful production factors, a special assessment can be carried out in stages until the end of 2018. If the terms of the check are violated, the company may be fined up to 80 thousand rubles (part 2 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).

Special appraisal procedure

The algorithm of actions during the OSHMS is spelled out in the legislation. Neither employers nor experts have the right to change it. It is necessary to involve qualified officials employed in companies from the list of specialized organizations in the implementation of measures within the framework of a special assessment of working conditions. Part 4 of Article 10 of Federal Law No. 426-FZ provides for a simplified special assessment procedure. This is allowed if at the initial stage it is possible to assign class 1 or class of working conditions 2 - what does this mean:

• there are no harmful factors at the enterprise;
• identification of hazardous or harmful conditions for workers did not reveal an excess of standard values;
• working conditions are recognized as acceptable, further laboratory and expert procedures are not needed.

What is due to employees "for harm" based on the results of the special assessment Now the minimum sizes, procedure and conditions for providing guarantees and compensations to employees "for harm" are spelled out directly in the Labor Code of the Russian Federation Articles 92, 117, 147, 219 of the Labor Code of the Russian Federation. Previously, they were established by the Government of the East. 219 of the Labor Code of the Russian Federation (as amended, valid until 01.01.2014); Government Decree of 20.11.2008 No. 870. We must say right away that the minimum amounts of guarantees and compensations have not changed. However, according to the results of the special assessment, separate guarantees are not given not only to workers employed in optimal and permissible working conditions, as it was before, but also to some of the "wreckers". Working conditions at the workplace based on the results of a special assessment of working conditions 14 of Law No. 426-FZ Raising wages Art. 147 of the Labor Code of the Russian Federation Additional leave Art.

Benefits for employees working in hazardous working conditions

• Federal Law "On Labor Pension", No. 173-FZ. Its last revision is dated November 19, 2015;
• Resolution of the Government of the Russian Federation "On Amendments to Certain Acts of the Government of the Russian Federation". The act was issued on February 10, 2018 under the number 168.

One of the main legislative acts is sanpin, which establishes criteria for the absence of a threat of environmental factors to the human body, their harmlessness.

The act contains sanitary and epidemiological norms and rules that ensure favorable conditions for human life. The main points of harmful working conditions of classes 3.1 and 3.2 An employee is endowed with certain rights if production factors are part of subclasses 3.1 and 3.2.

Harmful working conditions class 3.1 and 3.2: employee benefits and compensation

It is customary to use the Standard Regulations on the Assessment of Working Conditions, introduced on 03.10.1986, as a basis for performing calculations of additional payments for harm. In accordance with it, the following calculation algorithm is applied:

1. Identification of the hazard class by comparing the established maximum permissible indicators with the hazard parameters that actually exist in a specific production.
2. Recalculation of industrial hazard classes (established in the reporting documents for certification or assessment of working conditions) into points based on the following table: Class 3.1 Class 3.2 Class 3.3 Class 3.4 1 2 3 4
3. Establishment of the period of influence of negative factors. The amount of the additional payment is formed taking into account the period of actual stay in the zone of influence of the negative factor.
4. Determination of the amount of additional payment for harm to a specific employee.

Harmful working conditions class 3.1 and 3.2 in russia in 2018

In this case, if the working conditions are considered optimal or acceptable, guarantees and compensation are subject to cancellation in full. However, if the class of working conditions is 3.1 or 3.2, then it will not be possible to remove, for example, a shortened working week. Thus, the types and scope of guarantees and compensations will remain the same for all workers working in hazardous working conditions, regardless of the class (subclass).

The third option allows observing a differentiated approach to the assignment of guarantees and compensations depending on the class (subclass) of working conditions. In our opinion, the inclusion in the collective agreement of the phrase that guarantees and compensations are assigned "based on the results of the SAWS for work in harmful and (or) hazardous working conditions, depending on the class (subclass) of working conditions" is mandatory for employers who do not want to and cannot provide employees with more benefits than those required by law.

Cancellation of additional leave for harmful working conditions of class 3.1

Labor Code of the Russian Federation Shortened working hours Articles 92, 94 of the Labor Code of the Russian Federation Optimal (class 1) Increase in wages compared to normal working conditions is not provided Additional leave "for harmfulness" is not provided Reduction of working hours is not performed Permissible (class 2) Harmful (class 3):

• <илиподкласс 3.1

Labor remuneration is increased by at least 4% of the tariff rate (salary) established for various types of work with normal working conditions. The specific amount of the increase in wages is established by a local normative act or a collective or labor agreement.

• <илиподкласс 3.2

Additional vacation is provided for at least 7 calendar days.

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Attention

The assignment of guarantees and compensations should be formalized by an additional agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation), which comes into force from the date of approval of the special assessment report. Please note that the agreement must specify the specific amounts and types of guarantees and compensations provided. The employment contract with the employee must contain information about the working conditions at the workplace and their characteristics (Art.

Compensation "for harm" before and after the special assessment of working conditions

Thus, persons who are negatively influenced by negative factors can expect to receive higher wages. Each employee who performs his labor functions under the negative influence of production factors has the right to expect to receive these payments, which are a wage supplement, if it was established based on the results of certification activities before the beginning of 2014. This threshold was set due to the fact that until 2014 there were norms requiring mandatory certification of workplaces in order to determine the presence of harmful and dangerous factors.

Federal Law No. 426-FZ of December 28, 2013 replaced certification with an assessment of the working conditions of personnel. Moreover, by virtue of Part 4 of Art.

Additional payment for harmful working conditions in 2018

Info

It states that dairy products must be dispensed on the basis of an approved list of production factors classified as hazard classes 3.1 and 3.2 in accordance with the workplace. Is cash compensation possible? Cash compensation is paid to the employee in excess of the standard hours worked if the working week exceeds 36 hours. The procedure for calculating and conditions for making payments, methods for determining the amount are provided for in the intersectoral agreement and the collective agreement of the enterprise.

• Categories
• Labor law
in 2013, at our company, certification of workplaces was carried out. The chemical analysis laboratory assistant was assigned a hazard class 3.1, i.e. he is entitled to only monetary compensation in the amount of 4% of the tariff rate. And in the certification sheets there is the word "yes" and for additional leave. How to understand this, after all, additional leave is allowed only with hazard class 3.2. And according to the results of the last certification, the laboratory assistant received an additional leave of 12 days. What to do? Are we entitled to cancel the additional vacation and leave only monetary compensation? And what legal documents should we be guided by? Thanks in advance for your reply.

Important

Based on this, they can be:

• optimal;
• acceptable;
• harmful;
• dangerous.

The degree of exposure of workers to harmful factors can be different. In cases where it exceeds certain values, the existing working conditions are recognized as harmful. It is believed that when performing work functions in such conditions, the risk of getting professional ailments significantly increases.

• effective modernization of equipment, premises and means of labor;
• providing specialists with individual protective kits, which help to reduce the harmful effects of harmful factors.

If, as a result of the measures taken, the impact on people of harmful factors has not been completely eliminated, however, the hazard class has been lowered, then employers have the right to reduce the percentage of compensation payments. The decision to provide (or refuse to provide) payments of this nature is taken by organizations in the process of considering reports on the assessment of the working conditions of employees. Employees have the right to disagree with the employer's decision to refuse to provide compensation or to downgrade the hazard class.