Ensuring working conditions and workers' rights in hot weather (7077). Working hours in the heat - reducing working hours The temperature in the office is 30 degrees

*What is 1A?

Category 1A work is work performed with minimal energy input, predominantly sedentary. Category 1A includes work with an intensity of energy consumption 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 instrumentation and engineering, at the watch, garment production, in the field of management, etc.). The harder and more energy-intensive work, the lower the level of comfortable temperature.

Employees performing category 1A work can stay at the workplace for as long as they like if the temperature ranges from 20.5 ° C to 27.5 ° C. If the thermometer in the room is 28 ° C, the stay at the workplace should be limited to 8 hours.

The time spent at workplaces at air temperatures above the permissible values, according to federal sanitary regulations, must be reduced accordingly, in order to protect workers from possible overheating or cooling.

Every new half degree gives you the right to leave workplace half an hour to an hour earlier.

So, at a temperature of 29 ° C, the time spent at work is 6 hours, 31 ° C - 3 hours.

If the temperature in the office rises to 33°C or higher, you can not go to work, it is forbidden to work in such conditions.

How to prove that you have the right to leave work early

Will the time missed due to the heat be paid?

Is it the employer's fault that the office is hot? The fact that the air conditioner does not work / can not cope with the load?
According to Article 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure that labor conditions meet the requirements of labor protection at each workplace - first of all, safe for the health of employees. If such conditions are not created, then it can be seen as the fault of the employer.

But summer heat is not the only cause of downtime. Force majeure this season may be smoke due to forest fires. Extremely high temperatures, coupled with heavy smoke, have an extremely adverse effect on the health of working citizens.
In this case, the reason for the downtime does not depend on the employer and the employee, the downtime must be paid in the amount of at least two-thirds tariff rate(salary, official salary) calculated proportionally to the idle time.

During a period of extreme heat and / or heavy smoke, you can not draw up a simple one, but follow the recommendations of the Ministry of Social and Health Development of the Russian Federation of 08/06/2010 and take, taking into account weather forecasts, short-term annual paid leave outside the schedule, in agreement with the employer.

When in the summer the temperature outside the window of the office and not only the premises exceeds the usual limits, everyone, willy-nilly, thinks about how work in the heat is regulated according to the Labor Code. In this article, we present the current indoor temperature standards for 2018 at the workplace, as well as what Rostrud says about the working day in the heat, based on current legislation, as well as SanPiN sanitary standards.

How an employer must take into account the temperature in the room

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

Employers are required by law to be aware of working conditions in hot weather, as well as the conditions for shortening the working day in high temperatures.

The obligation of the employer to regulate the temperature in the room at the workplace according to SanPiN directly follows from his other obligation - to provide his staff with normal adequate working conditions at each workplace that meet the requirements of labor protection.

Immediately before the reduction of working hours at high air temperature in hot weather, it is necessary:

• ensure the appropriate allowable room temperature at the workplace (for example, by air conditioning the office, workshop);
• give employees the opportunity to take breaks from work;
• provide places for recreation;
• ensure that clean drinking water and a first aid kit with medicines are always available in the working premises.

What does the law say about working in the heat?

Directly the law on the reduction of the working day in the heat does not exist. And, oddly enough, the mode of work in the heat according to the Labor Code is not directly regulated.

Read also September 2016 salary payment deadline has been postponed

Accordingly, about working outside in the heat Labor Code doesn't say anything either.

At the same time, there are mandatory for all employers sanitary standards for indoor air temperature and shortening the working day in the heat - this is SanPiN 2.2.4.3359-16 "Sanitary and epidemiological requirements for physical factors in the workplace" (approved by the decision of the Chief State Sanitary Doctor RF dated June 21, 2016 No. 81).

According to the specified SanPiN, work in the heat is subject to reduction in accordance with the time of the working day if the air temperature deviates from the norm. At the same time, we are talking about the degree in the working room, and not outside the window.

In a standard situation, if the temperature in the room is above 28 degrees, then we can talk about a reduction in the working day. After all, it turns out that the employer could not provide normal conditions labor.

The general norms for working in the heat in the room are as follows. If the temperature has reached:

• 28.5 degrees - it is recommended to reduce the working day by 1 hour;
• 29 degrees - for 2 hours;
• 30.5 degrees - for 4 hours.

Please note that a reduction in working hours due to heat is also necessary when reaching lower temperatures (26.5 degrees - 27.5 degrees), when work is connected:

• with constant movement (walking);
• moderate and significant physical activity;
• carrying and moving heavy loads.

One of the main tasks of the employer can be considered the provision of a favorable microclimate in the workplace.

However, many tenants do not comply with the temperature requirements, thereby violating the law.

What should be the temperature in the room according to the Labor Code of the Russian Federation?

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Is the employer obligated to monitor the temperature in the room?

Article 212 can answer this question, according to which the employer will be held administratively liable for sanitary work not carried out on time.

The list of these measures also includes compliance with the temperature regime established by the Sanitary Norms and Rules (SanPiN), since too low or vice versa high temperature can lead to a decrease in the energy level and, as a result, its performance.

Accordingly, if the employer evades this obligation, he violates the law and must be punished.

We can say that the employer is obliged to monitor the temperature during the entire working period.

Temperature regimes by season, winter and summer

The temperature in the room in the summer, according to the Labor Code, should not be higher than:

• 28 degrees Celsius for 8 hours of operation.
• 30 degrees Celsius for 5 hours of operation.
• 31 degrees Celsius for 3 hours of operation.
• 32 degrees Celsius for 2 hours of operation.
• 32.5 degrees Celsius for 1 hour of operation.

Working at temperatures above 32.5 degrees is considered dangerous. The employer has some way to avoid the heat, namely: to install special equipment (air conditioners, fans) in the work premises or to reduce the number of working hours by special order.

Video: If the heat in the workplace is above 26 degrees, you can leave an hour earlier from work.

The temperature in the room in winter, according to the Labor Code, should not fall below 20 degrees Celsius. If it does not meet the standards, the employer must install a heater in the workroom or reduce the number of working hours. The Labor Code establishes the following temporary standards at low temperatures:

• no more than 7 hours of operation at 19 degrees Celsius.
• no more than 6 hours of operation at 18 degrees Celsius.
• no more than 5 hours of operation at 17 degrees Celsius.
• no more than 4 hours of operation at 16 degrees Celsius.
• no more than 3 hours of operation at 15 degrees Celsius.
• no more than 2 hours of operation at 14 degrees Celsius.
• no more than 1 hour of operation at 13 degrees Celsius.

Labor regulations have established that working at temperatures below 13 degrees Celsius is dangerous.

Summarizing the above data, we can say that the temperature in the room in the summer should not exceed 28 degrees Celsius, and in winter period should not fall below 20 degrees Celsius.

What should an employee do if the employer does not comply with the temperature regime?

Salaried workers often face negligent attitude of the employer. What to do in this case? There are several options:

• ask the employer to normalize the temperature with the help of equipment (air conditioning, heater)
• demand a reduction in hours of work in accordance with the regulations
• file a complaint with the CPS
• ask for help from the labor inspectorate

With the last two options, at the place of work will be special check, during which it will be established whether an offense has been committed.

As a result, we can say that the employee has several legitimate methods of influencing.

Video: Complaint against the employer and +31 heat in the workplace.

What punishment threatens the employer for non-compliance with the temperature regime?

In accordance with the Code of Administrative offenses, an employer who violates sanitary standards will be fined up to 20 thousand rubles, or his activity will be suspended for a certain period.

Working in hot weather is hard. However, not all employers are aware of this. Meanwhile, there is even a special SanPiN that regulates sanitary standards when working in hot weather. It was about him that Rostrud traditionally reminded employers, and also that if you refuse to shorten the working day in the heat, you can earn a fine.

What's happened?

Rostrud published its traditional summer information message for employers, in which it recalled that they are obliged to create normal working conditions for workers in the heat. Officials, in particular, obliged the management of companies and individual entrepreneurs to recall the requirements of SanPiN 2.2.4.548-96. 2.2.4 “Physical factors of the working environment. Hygiene requirements to the microclimate industrial premises. Sanitary Rules and Norms”, approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation dated 01.10.1996 N 21. These norms not only determine the maximum possible length of the working day in hot weather, but also the conditions that the employer is obliged to create at the workplace.

How long can you work in the heat

According to SanPiN, as Rostrud recalled, if the temperature in the working room approached 28.5 degrees, it is recommended to reduce the working day by one hour. When the temperature rises to 29 degrees - for two hours, at a temperature of 30.5 degrees - for four hours. In more detail, the dependence of the duration of working time on the temperature regime can be seen in the table.

How does temperature affect run time?

At the same time, if the employer does not comply with the requirements of sanitary standards, the employee has every right to remind the management about them and demand to be released from work early. If the authorities object, it is not worth leaving without permission, as they may be considered absenteeism, but it will not be superfluous to write a memo or a statement. But shortening the length of the working day in hot weather does not exhaust all the responsibilities of employers.

Air conditioning in every office!

Rostrud recalled that the duties of the company's management also include:

• provision of air conditioning at workplaces;
• freely available software drinking water and first aid kits;
• giving employees the opportunity to take breaks from work;
• organization of places for rest in a cool place;
• granting, if necessary, short-term paid holidays in especially hot weather.

The message of the service, in particular, says:

It is desirable to provide a comfortable temperature regime, air conditioning. Working in a stuffy office or workplace can exacerbate chronic diseases. The employer is obliged to ensure safe working conditions for employees, otherwise he may be held liable.

Payment for forced holidays due to heat can be made in accordance with part 2 Article 157 of the Labor Code of the Russian Federation as downtime for reasons beyond the control of the employer and employee, in the amount of at least two-thirds of the average salary. All measures taken to protect workers must be reflected in additional agreements to employment contracts.

Liability for violation of labor rights

If the employer ignores the appeal of Rostrud and the requests of his employees and does not ensure compliance with sanitary standards when working in the heat, he may be held administratively liable for Article 6.3 of the Code of Administrative Offenses of the Russian Federation . Penalty for violation of legislation in the field of ensuring the sanitary and epidemiological welfare of the population, expressed in ignoring the existing sanitary regulations and hygienic standards, failure to comply with sanitary and hygienic and anti-epidemic measures, is:

• For officials and individual entrepreneurs - from 500 rubles to 1000 rubles;
• for organizations - from 10,000 rubles to 20,000 rubles.

In addition, the activities of the organization may be suspended for up to 90 days.