The plumber belongs to dangerous and harmful professions. Additional leave for a plumber for work in hazardous working conditions

Question:
Is a plumber working in a healthcare institution (hospice) entitled to additional leave for working in hazardous working conditions?
The institution is preparing for certification of jobs.

Answer:
After considering the issue, we came to the following conclusion:
The obligation to provide the plumber with additional leave rests with the employer if, during the certification of workplaces, harmful and (or) dangerous working conditions are revealed in which the employee works.
Rationale for the conclusion:
According to Art. 116, Art. 117 of the Labor Code of the Russian Federation, one of the cases of granting employees annual additional paid holidays (hereinafter referred to as additional leave) is work in harmful and (or) dangerous working conditions: in underground mining and open pit mining in cuts and quarries, in zones of radioactive contamination, in other works related to the adverse effects on human health of harmful physical, chemical, biological and other factors. In accordance with Art. 209 of the Labor Code of the Russian Federation, working conditions are a combination of factors in the working environment and the labor process that affect the performance and health of an employee. Harmful and dangerous production factors are production factors, the impact of which on an employee can lead, respectively, to illness or injury.
There is currently no single list of hazardous and dangerous professions and industries for which additional leave is required (see, for example, the ruling of the Supreme Court of the Russian Federation dated 25.08.2010 N GKPI10-673).
Based on the current version of the second part of Art. 117 of the Labor Code of the Russian Federation, in the manner determined by the Government of the Russian Federation, only the minimum duration of additional leave is established - at least 7 calendar days. At the same time, paragraph 1 of Decree of the Government of the Russian Federation of November 20, 2008 N 870 (hereinafter referred to as Decree N 870) provides that compensation to employees is established based on the results of attestation of workplaces.
Certification of workplaces in terms of working conditions - assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection (Article 209 of the Labor Code of the Russian Federation).
Carrying out certification of workplaces for working conditions with subsequent certification of the organization of work on labor protection is the responsibility of the employer (Article 212 of the Labor Code of the Russian Federation). Recall that at present, certification of workplaces in terms of working conditions is carried out in the manner approved by the order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 N 342n (hereinafter referred to as the Procedure). The timing of certification of workplaces for working conditions in the organization is set on the basis that each workplace must be certified at least once every five years. Newly organized workplaces are certified within 60 days after they are put into operation (clause 8 of the Order). According to Art. 57 of the Labor Code of the Russian Federation, if an employee is hired with harmful and (or) dangerous working conditions, the employment contract must necessarily indicate the relevant characteristics of working conditions at the workplace, as well as compensation.

Thus, certification of workplaces in terms of working conditions is a mandatory measure, on the basis of which a specific amount of compensation for harmful working conditions is established in each organization. However, the failure to carry out certification of workplaces, being the unlawful behavior of the employer, in no way relieves him of the obligation to provide compensation to employees for harmful working conditions.
According to paragraph 2 of Resolution N 870, the Ministry of Health and Social Development of the Russian Federation, within 6 months after the entry into force of this resolution, is ordered to establish, depending on the class of working conditions and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, workers employed in hard work, work with harmful and (or) dangerous and other special working conditions, reduced working hours, the minimum duration of the annual additional paid leave, the minimum wage increase, as well as the conditions for providing these compensations.
Since the duration of the leave established by paragraph 1 of Decree N 870 is minimal, and the Ministry of Health and Social Development of Russia has not yet established the duration of such holidays depending on the class of working conditions, the List of industries, workshops, professions and positions with harmful working conditions continues to be applied on the territory of the Russian Federation, work in which gives the right to additional leave and a shorter working day (hereinafter referred to as the List), which was approved by the Decree of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22. This List is applied to the extent that it does not contradict Russian labor legislation (Article 423 of the Labor Code of the Russian Federation).
The List lists professions, positions and types of work and indicates the corresponding length of working hours and additional leave. Thus, even without the results of attestation, it is possible to determine the specific duration of additional leave in relation to employees holding relevant positions.
However, an analysis of the provisions of this document allows us to conclude that working as a plumber gives the right to additional leave only if the employee is engaged in servicing metallurgical units.
As explained by A.V. Anokhin, Head of the Legal Department of the Federal Service for Labor and Employment, even if the jobs have not been certified by the employer, the length of working hours and additional paid leave is set for employees in accordance with the List. If the position (profession) of the employee is not on the List, then compensation is not provided (see the interview "Occupational safety of employees: how to avoid mistakes", published in the journal "In the course of the legal case", N 20, October 2010).
Taking into account the fact that the List does not establish the right to additional leave for work in harmful and (or) dangerous working conditions for a plumber working in a hospice, the employee holding the specified position should not be granted such leave before the certification of workplaces. The obligation to provide additional leave arises from the employer only if, according to the results of attestation of workplaces, work as a plumber is recognized as work associated with the presence of harmful and (or) dangerous production factors.

Physical overload (physical dynamic load, mass of manually lifted and moved cargo, stereotyped work movements, static load, working posture, body inclinations, movement in space) (when attributing working conditions according to these factors according to the results of certification of workplaces according to working conditions to the hazard subclass 3.1 and above) adj. 1. item 4.1. Once a year 10. Work performed directly on mechanical equipment with open moving (rotating) structural elements (lathes, milling and other machines, stamping presses, etc.) adj. 2.

Harmful factors for medical examination by profession: plumber

Operator of mobile electric welding units with an internal combustion engine Communications assembler - antenna operator, working at height Steel and reinforced concrete structures assembler when working at height and climbing works Refractory worker engaged in hot repairs of furnaces and boiler furnaces and so on) in concrete, reinforced concrete and stone (brick) structures manually and with the use of pneumatic tools Workers engaged in slab breaking, dismantling of buildings and structures on uprooting stumps Solderer for lead (lead solderer) Plumber, engaged in the repair of the sewer network Carpenter, engaged in all types of carpentry work Pipe laying of industrial reinforced concrete pipes Pipe laying of industrial brick pipes III.

What do we compensate a plumber?

Cleaning and washing of the drainage network and outlet channels 13-40 - 15-00 80 2(11) 4(2.3) 9. Scheduled break 15-00 -15-10 10 10. Cleaning of sewer wells 15-10 - 16-30 80 2(11) 3(5) 4(3) 11.
Cleaning of tools and devices in designated places 16-30 - 16-45 15 12. Cleaning of the workplace, completion of work 16-45 - 15-00 15 Total: 480 100%

1. Preparatory and final time, T p.z.

70 15%

Service time of the workplace, T org.

Operational time, Top. 390 81%

Time of breaks in work, Tper.:

regulated breaks 20 4% unregulated breaks A plumber during work is affected by a chemical factor (ammonia), a biological factor (a group of pathogenicity of microorganisms) emotional, 38% of the working time he is in an uncomfortable (fixed) state.

Occupational Safety and Health

Microclimate 2.11.1. air temperature, ºС 2.11.2. relative humidity, % 2.11.3. air velocity, m/s 2.11.4. thermal radiation, W/m² 2.11.5. work outdoors, in an unheated room, in cold rooms 3.1 46.9% 2 Final assessment of the factor 2 2.12. Illumination The final assessment of the factor 2.13. Air ionization The final assessment of the factor The assessment was carried out by (position, signature) (I.O. Surname) (date) Item 3.

Use your account at.livejournal.com @ru liveinternet.ru/users/ .blogspot.com OpenID: Do you like dogma? Then click on the button: Go back to the Directory of factors of order 302n by profession version 111 Production, enterprise: housing and communal services Profession: plumber Name of harmful production factors and works Application number and paragraph of order 302n Inspection frequency Infected material and material infected or suspected of being infected by microorganisms 3 - 4 groups of pathogenicity (danger) or helminths adj. 1. Clause 2.4.

The plumber belongs to dangerous and harmful professions

Eliminates malfunctions in the operation of systems, carries out their repair, installation, adjustment and testing, namely: - disassembly, repair and assembly of complex parts and assemblies of sanitary systems of central heating, water supply, sewerage and drains; - sorting pipes, fittings, fittings, fittings and fasteners; - preparation of strands, solutions and other auxiliary materials; - transportation of pipeline parts, sanitary appliances and other goods; - completion of spurs with couplings and locknuts, bolts - with nuts; - drilling or punching holes in structures.

Info

Observation of screens of video terminals (hour/shift): with alphanumeric type of information display — 1 with graphic type of display 4.2.7. apparatus (total number of hours spoken per week) — 1 4.3. Emotional loads 4.3.1. Degree of responsibility for the result of one's own activity.

The significance of errors. Responsible for the functional quality of the main works 3.1 4.3.2. Degree of risk to own life Probable 3.1 4.3.3. The degree of responsibility for the safety of other persons is excluded 1 4.4.

Monotony of loads 4.4.1.

Attention

The plumber is guided in his activities by: - ​​legislative acts of the Russian Federation; - the Charter of the company, the Internal Labor Regulations, other regulatory acts of the company; - orders and directives of the management; - this job description. The plumber performs the following duties: 2.1.

Ensures good condition, trouble-free and reliable operation of serviced systems of central heating, water supply, sewerage and drains, their correct operation, timely high-quality repairs. 2.2. Identifies the causes of premature wear of serviced systems, takes measures to prevent and eliminate them.

2.3.
Anton Khabirov 14.02.2012 comments 6 to be trained in HSE and Civil Defense Question from Andrey: Hello! Please tell me how to resolve the issue of compensation for work in hazardous working conditions for plumbers in an educational institution. There was no certification of workplaces. Answer for Andrey: For your plumbers, there is an annual additional and paid vacation. This leave is established in accordance with the List of industries, shops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of October 25, 1974 No. 278 / P-22 (hereinafter - List).

Certification of the workplace of a plumber in terms of working conditions Shop (section) Date of observation: 2011. CARD photographs of working time No. Surname, first name, patronymic Specialty according to the diploma Profession, specialty 18560, plumber No. p.p.

Important

What was observed Current time, h, min Duration, min Name of the harmful factor 1. Preparation of the workplace, receiving the task 8-00 — 8-20 20 2.

Bypassing the sewer network, manholes, emergency release chambers 8-20 - 8-40 20 2(11) 4(2.3) 3. Checking the technical condition of hatches, covers, necks, brackets, wells and cleaning them 8-40-10 -00 80 2(11) 3(5) 4(2.3) 4.

Scheduled break 10-00 — 10-10 10 5. Elimination of the emergency condition of the pipeline 10-10 — 12-00 110 2(11) 1(2.3) 6. Lunch 12-00 — 13-00 60 pumps 13-00 – 13-40 40 2(11) 3(5) 4 (2.3) 8.

10/02/2013 - We present to your attention the documents on certification of the workplace of a plumber in terms of working conditions. The list of attached documents includes: a working time photo card, a workplace attestation card for working conditions, a protocol for quantitative measurements and calculations of indicators of the severity of the labor process (attached to the workplace attestation card for working conditions).

The workplace attestation card for working conditions includes six points:

Item 1. General information about the workplace

Item 2. Results of the assessment of factors of the working environment

Item 3. The results of the assessment of the severity of the labor process

Item 4. The results of the assessment of the intensity of the labor process

Item 5. Indicators for assessing working conditions at the workplace (factors: chemical, biological, dust, aerosols, noise, infrasound, ultrasound, general vibration, local vibration, electromagnetic fields and non-ionizing radiation, ionizing radiation, microclimate, lighting, air ionization, labor severity , labor intensity, general assessment of working conditions).

Item 6. Results of workplace certification

Characteristics of the work performed according to ETKS, EKSD working (job) instructions. Name of the technological process (type of work). Name of operation Description of work: Inspection and repair of sewerage, water supply and heating networks, manholes, emergency release chambers, heating points. Elimination of emergencies, checking the condition of biofilters. Cleaning, flushing the drainage network.

Serviced equipment: sewerage, water supply, heating networks, heating points, pumping and sewer stations.

Applied tools and fixtures (technological equipment): open-end wrenches, pipe wrenches, cap wrenches, plumbing cable, ladder, hammer, chisel, Nikon sight.

A plumber during work is affected by a chemical factor (ammonia), a biological factor (a group of pathogenicity of microorganisms) emotional, 38% of the working time he is in an uncomfortable (fixed) state.

The Labor Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation) contains many articles that deal with harmful working conditions. For work, they provide guarantees and compensations - milk or therapeutic and preventive nutrition, increased wages, additional vacations, a shorter working week, preferential pensions. Persons entering work in hazardous working conditions must undergo preliminary medical examinations, and periodically during their entire working life. Such employees are entitled to free distribution of flushing and neutralizing agents, special clothing, footwear and other personal protective equipment (hereinafter referred to as PPE). However, the Labor Code of the Russian Federation does not give a definition of the concept of “harmful working conditions”, while its interpretation by officials, workers and experts differs. On misconceptions about harmful working conditions, everyone deftly speculates - from workers to officials, trade union leaders and certifying organizations. Let's see what are harmful working conditions.

Harmful working conditions in the USSR

From the legal framework of the USSR, we got all sorts of lists and lists of jobs and professions with harmful working conditions, which provide for the receipt of various benefits, guarantees and compensations for workers. The country has been gone for more than 20 years, but many workers still associate harmful working conditions with these Soviet lists and lists. What were their developers based on?

In the USSR, the understanding of harmful working conditions was different than now.

Our reference. According to the Hygienic Classification of Labor (in terms of harmfulness and danger of factors in the working environment, the severity and intensity of the labor process), approved by the USSR Ministry of Health on August 12, 1986, harmful and dangerous working conditions are the conditions and nature of labor under which due to violation of sanitary norms and rules, it is possible the impact of hazardous and harmful factors of the working environment in values ​​exceeding hygienic standards, and psychophysiological factors of labor activity that cause functional changes in the body that can lead to a persistent decrease in working capacity and (or) a violation of the health of workers.

The possibility (probability) of exceeding the maximum permissible values ​​of the production factor was considered as harmful working conditions. In this regard, the logic of compiling lists and lists of harmful and dangerous work becomes clear.

Here are excerpts from some of them. So, when performing the following work, additional payments were established for unfavorable working conditions in institutions and organizations of the USSR state education system:

Maintenance of refrigeration units operating on ammonia, chlorine and other refrigerants based on chemicals of 2-4 hazard classes;

Application of plaster mortar on the surface by hand, grouting of the surface by hand;

Bending sheets of steel, aluminum alloys of any thickness and shape on presses, machines and bending rolls in a cold state;

Work in clinical diagnostic laboratories (analysis of urine, feces, sputum, etc.).

Additional payments to workers for working conditions at enterprises producing musical instruments could be established when performing the following work:

Bending of blanks and parts of musical instruments made of wood in a hot way on manual bending devices;

Drawing a picture or ornament on musical instruments using nitro paints;

Manual stringing of red-copper wire;

Assembly of reed musical instruments with gluing parts using synthetic adhesives containing vinyl acetate, acetic acid and dibutyl phthalate.

The performance of such work had to be carried out in strict accordance with sanitary norms and rules. But no one could not rule out the possibility violations. Works in the implementation of which such an opportunity took place were combined into lists and lists for various industries and industries, working conditions in such works were considered harmful.

In each of these documents there was a condition: annually the lists and lists should be reviewed in connection with the implementation of measures to rationalize jobs, mechanize manual labor, improve its organization and conditions. In the event of improvement in working conditions, the amount of compensation was to be reduced or canceled completely. It would seem that everything is logical: the country developed, technological processes were automated, production equipment was improved, workplaces were equipped with collective protective equipment, while the size and number of lists did not decrease, but increased. As soon as any profession or type of work was included in the list, the workers related to them, until the end of their labor activity, received the "reinforced concrete" harmfulness of working conditions. In other words, harmful working conditions in the USSR are the working conditions of workers whose work, one way or another, fell under the action of lists and lists.

Such a “listed harmfulness” was relevant precisely for that time, because in the USSR there was only one employer - the state. And, if we imagine the country as one big factory, everything becomes logical: the "state-employer" singled out certain jobs and professions in its "state-factory", called the working conditions in them harmful, difficult or special, and provided workers of these professions with various, to put it in modern terms, bonuses - additional payments, additional holidays, a shorter working week, milk and other benefits.

Harmful working conditions in the Russian Federation in the period 1991-2013.

After the collapse of the USSR, in addition to the state, other employers appeared. And the Soviet approach to the definition of harmful working conditions has become irrelevant. The interpretation of this concept has changed.

Our reference. According to R 2.2.013-94 "Hygienic criteria for assessing working conditions in terms of harmfulness and danger of factors in the working environment, the severity and intensity of the labor process", approved by the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation on July 12, 1994, harmful working conditions are working conditions that are characterized by the presence of harmful production factors exceeding hygienic standards and having an adverse effect on the body of the worker and (or) his offspring.

That is, if in the USSR the possibility (probability) of violating sanitary norms and rules was already considered harmful, then in the Russian Federation the production factor must steadfastly exceed its hygienic standard, and only in this case the working conditions at the workplace are considered harmful. Although according to Art. 24 of the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population" (as amended on December 31, 2014), individual entrepreneurs and legal entities are required to suspend or terminate their activities or the operation of individual workshops, sites, operation of buildings, structures , equipment, transport, performance of certain types of work and provision of services in cases, if when carrying out the specified activities, works and services sanitary rules are violated.

In order to determine how harmful a production factor correlates with its hygienic standard, it is necessary to identify it at the workplace, carry out instrumental measurement and compare it with the hygienic standard. For these purposes, certification of workplaces according to working conditions (hereinafter - AWP) served. This procedure appeared back in the USSR, but it acquired its usual form in 1997, after the release of the Decree of the Ministry of Labor of Russia dated March 14, 1997 No. 12 “On the certification of workplaces for working conditions”. The order of the AWP changed in 2008 and 2011, but its essence remained approximately the same.

The definition of harmful working conditions specified in R 2.2.013-94 was also used in the period from 1997 to 2013, it is given in R 2.2.2006-05 “Guidelines for the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions ". Attention is drawn to the phrase « have an adverse effect on the body of the worker and (or) his offspring". How to quantify the adverse effects on offspring of such harmful production factors as, say, noise, pulsation factor and labor intensity, P 2.2.2006-05 does not give an answer, but you can’t throw out words from a definition, just like from a song.

The assignment of working conditions to harmful or permissible was carried out in the manner established by P 2.2.2006-05. It is approved by the chief state sanitary doctor of the Russian Federation, and classification of working conditions is based on the results of medical research.

Based on the degree of deviation of the actual levels of factors of the working environment and the labor process from hygienic standards, the working conditions according to the degree of harmfulness and danger, according to P 2.2.2006-05, are conventionally divided into 4 classes: optimal, permissible, harmful and dangerous.

Optimal working conditions (class 1) are the conditions under which the health of the employee is preserved and the prerequisites are created for maintaining a high level of efficiency. Optimal standards for working environment factors have been established for microclimatic parameters and workload factors. With regard to other factors, it is considered optimal to consider such working conditions under which harmful factors are absent or do not exceed the levels established as safe for the population.

Permissible working conditions (class 2) are characterized by such levels of environmental factors and the labor process that do not exceed the established hygienic standards for workplaces, and possible changes in the functional state of the body are restored during a regulated rest or by the beginning of the next shift and do not have an adverse effect in the near and remote period on the health status of workers and their offspring. Permissible working conditions are usually referred to as safe.

Harmful working conditions(Class 3) are characterized by the presence of harmful factors, the levels of which exceed the hygienic standards and have an adverse effect on the body of the worker and (or) his offspring.

Harmful working conditions according to the degree of excess of hygienic standards and the severity of changes in the body of workers are conditionally divided into 4 degrees of harmfulness:

• Grade 1, class 3 (3.1) - working conditions are characterized by such deviations in the levels of harmful factors from hygienic standards that cause functional changes that are restored, as a rule, with a longer interruption of contact with harmful factors than by the beginning of the next shift, and increase the risk of damage health;
• 2 degree 3 class (3.2) - working conditions with levels of harmful factors that cause persistent functional changes, leading in most cases to an increase in occupationally caused morbidity, which can be manifested by an increase in the level of morbidity with temporary disability and, first of all, those diseases that reflect the state organs and systems most vulnerable to these factors, the appearance of initial signs or mild forms of occupational diseases (without loss of professional ability to work) that occur after prolonged exposure, often after 15 years or more;
• 3 degree 3 class (3.3) - working conditions characterized by such levels of working environment factors, the impact of which leads to the development, as a rule, of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of employment, the growth of chronic professionally conditioned pathology ;
• 4 degree 3 class (3.4) - working conditions under which severe forms of occupational diseases can occur (with loss of general ability to work), there is a significant increase in the number of chronic diseases and high levels of morbidity with temporary disability.

Dangerous (extreme) working conditions (class 4) are characterized by levels of working environment factors, the impact of which during the work shift (or part of it) poses a threat to life, a high risk of developing acute occupational injuries, including severe forms.

Note that P 2.2.2006-05 is a departmental regulatory and methodological document of Rospotrebnadzor, it is not a regulatory legal act and is not related to labor legislation. It is impossible to state unequivocally that harmful working conditions according to P 2.2.2006-05 are the same harmful working conditions that are mentioned in the Labor Code of the Russian Federation. However, due to the fact that there were no other documents on the assessment of working conditions at that time, they turned a blind eye to this.

It would seem that with such a definition of harmful working conditions, and even in the light of Art. 24 of Federal Law No. 52-FZ, there should be few jobs with harmful working conditions, but that was not the case. P 2.2.2006-05 standardizes a huge number of production factors. At the same time, Soviet lists and lists in the period from 1997 to 2013. also continued to operate in the part that did not contradict the Labor Code of the Russian Federation, more and more misleading the working population. After the AWP, working conditions in almost any workplace could be considered harmful.

On November 20, 2008, the famous Decree of the Government of Russia No. 870 "On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions" ( hereinafter - Decree No. 870).

extraction
from Decree No. 870

<…>
1. Establish for employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, based on the results of attestation of workplaces, the following compensations:
- reduced working hours - no more than 36 hours per week in accordance with Article 92 of the Labor Code of the Russian Federation;
- annual additional paid leave - at least 7 calendar days;
- increase in wages - not less than 4 percent of the tariff rate (salary) established for various types of work with normal working conditions.
<…>

Class 3.1 could be installed in almost any workplace, and after the issuance of Decree No. 870, the epic of "office compensation" began. In many office workplaces, an excess was found in terms of such a factor as pulsation of illumination.

Our reference.According to paragraph 6.14 SanPiN 2.2.2 / 2.4.1340-03 "Hygienic requirements for personal electronic computers and organization of work", the pulsation coefficient at the workplace of a PC user should not exceed 5%.

Office workers began to receive compensation on an equal basis with representatives of working professions. Employers did not like this situation, especially due to the fact that the government did not comply with paragraph 2 of Resolution No. 870:

extraction
from Decree No. 870

<…>
The Ministry of Health and Social Development of the Russian Federation, within 6 months after the entry into force of this Decree, to establish, depending on the class of working conditions and taking into account the opinion of the Russian tripartite commission on the regulation of social and labor relations for workers engaged in heavy work, work with harmful and ( or) dangerous and other special working conditions, reduced hours of work, the minimum duration of additional annual paid leave, the minimum wage increase, as well as the conditions for providing these compensations.
<…>

As in the USSR, in the Russian Federation the number of "wreckers" did not decrease, but only increased. Only if in Soviet times it was mainly working professions that were considered “harmful”, then in the Russian Federation they began to rank office jobs as well. The situation had to be corrected somehow. To solve the problem in the least costly way, it was decidedreplace AWS with a special assessment of working conditions(hereinafter - SUOT).

Fundamental changes in the assessment of working conditions. Our days

On January 1, 2014, Federal Law No. 426-FZ of December 28, 2013 “On the Special Assessment of Working Conditions” (as amended on June 23, 2014; hereinafter referred to as Federal Law No. 426-FZ) came into force and for the first time in Russia at the legal level the definition of harmful working conditions was fixed.

Our reference. According to paragraph 4 of Art. 14 of Federal No. 426-FZ, harmful working conditions are working conditions under which the levels of exposure to harmful and (or) dangerous production factors exceed the levels established by the standards (hygienic standards) of working conditions.

Working conditions according to the degree of harmfulness and (or) danger are also divided into 4 classes by Federal Law No. 426-FZ - optimal, permissible, harmful and dangerous working conditions.

On January 1, 2014, with the exception of certain articles, Federal Law No. 421-FZ of December 28, 2013 “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On Special Assessment of Working Conditions”” came into force (hereinafter - Federal Law No. 421-FZ). In accordance with Federal Law No. 421-FZ, the concept of ARM was excluded from the Labor Code of the Russian Federation and other regulatory legal acts, and replaced by SOUT. Changes were made to the key articles of the Labor Code of the Russian Federation regarding compensation for work in hazardous working conditions. After the entry into force of Federal Law No. 421-FZ, it can be said that lists and lists of the USSR ceased to be valid. True, in fact, no one canceled them, it's just that now it is not possible to use them.

Since April 8, 2014, the Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33n “On approval of the Methodology for conducting a special assessment of working conditions, the Classifier of harmful and (or) hazardous production factors, the form of a report on conducting a special assessment of working conditions and instructions for filling it out” (hereinafter - the Methodology, the Classifier, respectively). The methodology has replaced the current P 2.2.2006-05.

A cursory analysis of P 2.2.2006-05 and the Methodology allows us to conclude that nothing has changed fundamentally in the assessment of working conditions with the introduction of the OSMS, the responsibility of experts has increased, the mechanisms for establishing compensation for work in hazardous working conditions are now clearly defined, but not everything is so simple. A more thorough comparison of P 2.2.2006-05 and the Methodology reveals that a number of production factors have been excluded from the list of measurable factors, and for some of them the standards have been increased. Let's take a closer look at these changes.

Vibroacoustic factors (noise, infrasound, ultrasound, general and local vibration). When conducting the SOUT according to the Classifier, vibroacoustic factors are identified as harmful and (or) dangerous only at workplaces where there is technological equipment that is the source of these factors. The methodology does not explain what is meant by such technological equipment. Are PCs and printers technological equipment? What about vehicles? Representatives of many working professions, such as locksmiths and electricians of various qualifications, use exclusively manual electric and (or) pneumatic tools in their work. Can the tool be classified as technological equipment? Again, the Method does not provide answers to these questions.

Let's move on to normalization. During the AWP, vibroacoustic factors were normalized by the relevant sanitary rules and regulations. For various types of work and premises, they set the maximum permissible levels (hereinafter referred to as MPS) of the impact of vibroacoustic factors. When carrying out the SOUT according to the Methodology, the types of work are not taken into account, and the MPS for many factors are increased. Table 1 shows the difference in the regulation of noise and vibration when conducting AWS and SOUT.

Table 1. Rationing of noise and vibration when carrying out AWS and SUT

Name of profession (position)	Noise, remote control, dBA		Vibration total, equivalent corrected level of vibration acceleration, dB, along the axis Z
		SOUT		SOUT
Car driver
Accountant
Electrician repairing electrical equipment

Let me remind you that vibroacoustic factors are measured in decibels (dB). A decibel is a logarithmic value, and even a 6 dB difference is quite noticeable.

Microclimate. During the AWP, the microclimate was assessed at all workplaces. According to the Classifier, the microclimate is identified as a harmful and (or) dangerous production factor at workplaces located in closed industrial premises, which have technological equipment, which is an artificial source of heat and (or) cold (with the exception of climatic equipment not used in the technological process and designed to create comfortable working conditions).

It turns out that when conducting SOUT at office workplaces, in cash registers for selling tickets, in trading floors and other similar premises without sources of heat and cold, the microclimate is not assessed. The microclimate in the open area also falls out of the assessment. Workplaces of janitors, linemen of main gas pipelines, operators of technological equipment located in an open area are deprived of their "harmfulness".

It is not clear what to do with vehicles. Is it possible to consider the engine room on a ship or the tractor cabin as a closed production room? There are no answers to these questions in the Methodology and Federal Law No. 426-FZ.

Illumination of the work surface. According to the Classifier, this factor is identified as harmful and (or) dangerous only when performing precision work with objects of distinction less than 0.5 mm in size, in the presence of blinding light sources, when working with objects of distinction and working surfaces with directional diffuse and mixed reflection , or when carrying out underground work, including work on the operation of the subway. According to the Methodology, the normative value of the illumination of the working surface is set in accordance with SanPiN 2.2.1 / 2.1.1.1278-03 "Hygienic requirements for natural, artificial and combined lighting of residential and public buildings" . This document does not contain normative values ​​for industrial premises. This means that it is not possible to assess the illumination of the working surface at the workplace of turners, millers, painters and other representatives of working professions.

Illumination ripple factor. The main production factor, due to which the workplaces of many office workers in our country were harmful during the AWS, was excluded from the list of those to be measured during the SAUT.

Electromagnetic fields at workplaces of PC users. Another production factor of "office hazard". If the computer was connected to an electrical network without grounding, an excess was detected by this factor. After the abolition of AWP, the situation with harmfulness has changed.

According to the Classifier, at workplaces where employees are exclusively employed on PCs and (or) operate desktop-type copiers, single stationary copiers used periodically for the needs of the organization itself, other office organizational equipment, as well as household appliances, do not used in the technological process of production, the levels of exposure to electromagnetic fields are not evaluated.

Natural light factor. Like the ripple factor, this factor of production is no longer measurable in an OSHMS. And these are already jobs for metro employees, people who perform underground and mining work, including miners. These categories of workers received well-deserved guarantees and compensation for work in hazardous working conditions. Now they need to be explained that their work in conditions of insufficient natural light is no longer harmful to health.

Direct brilliance and reflected brilliance. According to the Classifier, these factors are identified as harmful and (or) dangerous only when performing precision work with objects of distinction less than 0.5 mm in size, in the presence of blinding light sources, when working with objects of distinction and working surfaces with directional scattered and mixed reflection , or when carrying out underground work, including work on the operation of the subway. However, in Appendix No. 16 to the Methodology, which provides the procedure for classifying working conditions into classes (subclasses) of working conditions when exposed to a light environment, gloss (direct and reflected) is not mentioned, this document does not have a standard value for it.

The severity of the labor process. When carrying out the SOUT according to the Classifier, the severity of labor is assessed only at workplaces where employees perform work due to the technological process (labor function) to lift and carry loads manually, work in a forced position or a “standing” position, when moving in space. Normative values ​​and the procedure for assessing the severity of labor during the SOUT compared to the AWP have not changed. However, during the AWP, in contrast to the SOUT, the severity was assessed at all workplaces.

The intensity of the labor process. When conducting SOUT according to the Classifier, labor intensity is assessed when performing work on the dispatching of production processes, including the conveyor type, at the workplaces of operators of technological (production) equipment, while driving vehicles.

In the course of the AWS, labor intensity was assessed by 23 indicators at all workplaces. As for the SOUT, the Methodology and the Classifier limited the range of jobs at which the assessment of labor intensity is made, and the number of indicators is reduced to 6.

Intellectual loads (work content, perception of signals (information) and their evaluation, distribution of functions according to the degree of task complexity, nature of the work performed), sensory loads (the size of the object of distinction, watching the screens of video terminals), emotional loads (degree of responsibility for the result of one’s own activity, the significance of errors, the degree of risk to one’s own life, the degree of responsibility for the safety of others, the number of conflict production situations per shift), the monotony of loads (the duration of the production tasks, the time of active actions), the mode of operation (duration of the working day, shift work scheduled breaks).

Harmful working conditions in terms of tension during the AWP were established at the workplaces of the top management of organizations, metro employees, medical and pedagogical workers.

biological factor. At the AWP, the biological factor was assessed without measurements at the workplaces of medical workers and workers servicing sewer networks, with the assignment of a class of 3.2 and higher.

When carrying out the SATS according to the Classifier, the biological factor (work with producing microorganisms, living cells and spores contained in bacterial preparations) is identified as harmful and (or) dangerous, depending on the excess of the actual concentration of producing microorganisms, bacterial preparations and their components in the air working area in comparison with the maximum allowable concentrations established by the relevant hygienic standards.

The biological factor (work with pathogenic microorganisms) is identified as harmful and (or) dangerous only in the workplace:

• organizations operating in the field of the use of pathogens of infectious diseases in humans and animals and (or) in closed systems of genetically modified organisms of III and IV degrees of potential danger in the presence of appropriate permits (licenses) for the right to carry out such activities;
• organizations carrying out activities in the field of use in closed systems of genetically modified organisms of II degree of potential danger;
• medical and other workers directly engaged in medical activities;
• employees directly engaged in veterinary activities, state veterinary supervision and (or) conducting veterinary and sanitary examination.

Thus, according to the results of the OSMS, plumbers involved in the repair and maintenance of sewer networks will be left without "harmfulness". Subway employees working on sump units, who are engaged in removing dirt from the water collectors (mud collectors) of the subway, will suffer.

Briefly considered changes in the assessment of working conditions are set out in Table. 2.

Table 2. Changes in the assessment of working conditions in 2014

No. p / p	Factors of the working environment and the labor process	Changes related to the introduction of SOUT
	Biological
	Vibroacoustic factors	Increased standard values
	Electromagnetic fields at workplaces of PC users
	Microclimate in industrial premises	The range of jobs where the factor is to be assessed is limited
	Microclimate in the open area	Factor excluded from the list to be measured
	Work surface illumination	The range of jobs where the factor is to be assessed is limited
	Daylight ratio	Factor excluded from the list to be measured
	Ripple factor	Factor excluded from the list to be measured
	Direct brilliance and reflected brilliance	Normative values ​​have not been established, from which it can be concluded that the factor cannot be measured
	The severity of the labor process	The range of jobs where the factor is to be assessed is limited
	The intensity of the labor process	The range of jobs where the factor is to be assessed is limited. The number of evaluated indicators has been reduced from 23 to 6

Let us also pay attention to the fact that, according to paragraph 6 of Art. 14 of Federal Law No. 426-FZ, if employees employed in workplaces with harmful working conditions use effective PPE, the class (subclass) of working conditions can be reduced by the commission based on the expert opinion of the organization conducting the OSMS, by one degree in accordance with the Methodology reduction of the class (subclass) of working conditions when workers employed in workplaces with harmful working conditions use effective personal protective equipment that has passed mandatory certification in the manner prescribed by the relevant technical regulations. It was approved by the Order of the Ministry of Labor of Russia dated December 5, 2014 No. 976n. After its entry into force (May 25, 2015), the classes of working conditions for such factors as noise, local vibration, chemical, aerosols of predominantly fibrogenic action, and others, may be reduced as a result of the SAUT.

Conclusion

What happens? ARM was replaced by SOUT. It seems that the definition of harmful working conditions has not changed, and the classes of working conditions have remained the same, but in connection with the above-mentioned innovations in the regulation of production factors, as well as the exclusion of individual factors from the list to be assessed, working conditions in the whole country are improving without any special financial costs.

The "improvement" of working conditions in Russia in connection with the introduction of SOUT can be represented using an exaggerated example of diabetes - the author's fantasy, used solely to give clarity to the current situation. According to the International Diabetes Federation, there are about 12.7 million people with diabetes in Russia. Normally, sugar in capillary blood on an empty stomach is contained in an amount of 3.3 to 5.5 mmol / l. According to the logic of the developers of Federal Law No. 426-FZ and the Methodology, instead of fighting the disease, it is enough just to raise the rate to 10 mmol / l. There will be no need to invest in drug development, medical salaries, equipment, etc. Everything is much simpler.