Features of working in hazardous working conditions. What are “harmful working conditions” and what benefits do employees have? Who determines surcharges for “harmfulness”

Dear readers of the legal portal “site”, we are glad to welcome you. You have found yourself on the page of our portal, where you will find information about whether compensation is due for work in harmful, and even worse, dangerous working conditions. Let's talk about the circumstances under which compensation is assigned, what it includes, and how it is processed in 2019.

The article will be useful to all current, former and future employees of hazardous industries. Knowing the list of benefits and compensation that are guaranteed to an employee for working in hazardous processes, you will be able to minimize negative risks and also gain opportunities for recovery.

Attention! If the employer does not guarantee the employee compensation in the form of additional leave for harmful working conditions, then he can be held liable on the basis of Art. 5.27 Code of Administrative Offences.

General provisions or what are harmful conditions

Special assessment of working conditions (SOUT) - determination of the degree of danger and harmfulness of the work process. If, as a result of such an examination, factors are identified that determine the risk for the employee, then he will be assigned some kind of compensation.

Article 14 of Federal Law No. 426 “Special assessment of working conditions”, we consider the wording, which dated 05/01/2016 provides a classification of labor processes by degree of danger.

When determining the danger of labor processes, the following groups of factors are taken into account:

• chemical effects (presence of enzymes, hormonal substances, reagents);
• biological hazard (presence of microorganisms, pathogens in the work process)
• bacterial formations);
• background radiation;
• physical measures, including temperature and noise, humidity and vibration effects, electromagnetic radiation;
• risk of injury;
• other.

Attention! In order for employees to be eligible for workers' compensation benefits, the working conditions must fall into the "Hazardous" category. Initially, the collective agreement specifies the forms and types of compensation for dangerous, harmful labor processes.

How are hazardous conditions determined at an enterprise?

Compensation for harmful processes will be provided only if working conditions are recognized as unfavorable for the health of employees. Possibilities for the provision of compensation by the employer must be initially provided for in the cooperation agreement.

The employer is responsible for compliance with labor law standards. He must organize the work process and minimize risks to the health of personnel. And to prevent negative consequences, he is obliged to classify the degree of risk of workplaces. Distribution into classes is made taking into account the danger that accompanies the employee at the stage of performing work duties.

To determine the harmfulness of the entire production and individual workplace, a special commission is involved. At the special request of the employer, SOUT is carried out. Procedure:

1. Submitting an application for examination of the SOUT.
2. Collection of necessary documentation.
3. Submitting a package of papers to a government agency.
4. Development of an order in accordance with which a special evaluation commission is created.
5. Issue of a special conclusion by the commission. The document takes into account the following points:

• seat class;
• list of measures to reduce harm.

1. Implementation of inspection results into the production process.

Note! The assignment of compensation for harmful working conditions and the determination of its amount are based on the provisions of the Labor Code, the collective agreement (other internal documents).

Under what conditions is compensation awarded for unfavorable working conditions in 2019?

A specific workplace may be assigned a different hazard class. But regardless of the degree of danger, they all have a certain negative effect on the body. Supplements to wages and non-financial types of compensation are prescribed under the following conditions:

1. The level of negative impact received during one work shift does not allow the employee to recover before the next return to work.
2. There is a risk in the work process:

• achieving functional changes in the body;
• receiving occupational diseases;
• loss of ability to work.

Note! Each of the identified unfavorable conditions must be included in the SOUT report and in the employment contract.

Hazardous areas of production

Work in the field of geodesy, geological exploration, and microbiology poses a danger to the human body. Earthenware and glass production, industrial production of thermometers and hydrometers are considered harmful. Jobs in electrical, electronics and electronics manufacturing are also classified as having a negative impact.

Areas of activity in which work requires compensation are specified in the wording of Government Decree No. 188, dated March 29, 2002. The normative act specifies “dangerous” areas of activity and specialties.

Types of compensation in 2019

Legislation guarantees certain compensation measures for harmful working conditions. One of them is the free provision of milk, guaranteed by Art. 222 TK. It must be provided by the employer to the employee for harm.

Types of compensation measures for hazardous production processes:

1. Extending rest time. Additional paid days, at least seven days, are guaranteed to employees and are added to the main leave.
2. Reducing the working period by reducing the duration of the shift, work shifts. The maximum weekly workload cannot exceed 36 hours.
3. Financial surcharges for harmfulness. In this case, the salary is increased by at least 4%.
4. Preferential pension. Employees of dangerous organizations have the right to retire early.
5. The right to free health improvement and treatment.
6. Free security tools for a safe workflow. This includes special clothing and disinfectants. The employer is responsible for purchasing such tools.

Attention! The amounts of compensation payments are subject to taxation in 2019.

Features of payment of compensation amounts

For hazardous working conditions, payment, which is assigned on the basis of a special assessment of the labor safety standard, is provided in kind or in financial equivalent. Workers who are exposed to negative chemical and biological effects during working hours are entitled to enhanced nutrition (milk and other products that neutralize the negative risks of radiation).

In 2019, the employer himself has the right to establish the type and amount of compensation measures, taking into account the provisions of the Labor Code. An increase in the amount can be initiated by him. All financial types of compensation are paid from the employer’s insurance contributions, taking into account the tariffs of insurance organizations.

Attention! An employee can increase the amount of additional payments by refusing in-kind forms of compensation.

If negative production factors are eliminated, the employer has the right to cancel additional payments. He can take such a step only after carrying out the next SOUT check. The commission must confirm the absence of hazardous factors in specific workplaces.

Subtleties of purpose

In practice, there are situations where danger is not associated with the entire work cycle, but only with individual work tasks. In general, work in a workshop can be safe, but some part of the work, for example, loading consumables, can have a negative impact on health. Then compensation will be assigned only for the period of performing harmful actions.

In this case, the enterprise administration can choose one of the existing schemes:

1. Determining the bonus for each individual employee, taking into account the actual time spent performing dangerous sections of work.
2. Establishment of a single additional payment for all employees not lower than the rate prescribed by law.

Note! In practice, the employer more often uses the second option, when an increase in income, taking into account harmful working conditions, is carried out immediately for all employees. A special single code is used.

Additional measures to encourage work in hazardous conditions in 2019

An amount calculated at 4% of the salary is a mandatory compensation measure. It is prescribed at all enterprises where working conditions are recognized as harmful as a result of an inspection of the environmental safety standards. Additional incentive measures, including surcharges, may be used.

The surcharge is an incentive measure that is taxed. It is paid only if the clause on the possibility of its use at the enterprise is specified in the collective agreement.

Results

If the work process involves a negative impact on the employee’s body, he is entitled to compensation. An assessment of the hazards of each workplace is required. The results of the inspection are recorded in the conclusion of the SOUT. All compensation and incentive measures, including financial assignments, must be spelled out in the collective agreement. The compensation is not taxed and can be increased by the employer.

Current questions and answers

• Question: Is compensation due when the negative conditions are eliminated? There are still additional payments, will they be taxed?

  Answer: Personal income tax and other taxes are no longer levied on compensation, but on additional payments made by individuals after neutralizing negative factors.

• Question: What is an additional payment for unfavorable natural conditions?

  Answer: In areas with difficult climatic and other natural conditions, additional compensation surcharges are provided. For example, the Ural coefficient ranges from 1.15-1.20, it depends on the city. The additional payment is guaranteed by local decree 403/20-155.

• Question: What to do if the conditions are dangerous, but the employer does not pay compensation?

  Answer: An employee can initiate an inspection by contacting Rostrud or the State Labor Inspectorate with an application and work record book.

According to Article 147 of the Labor Code, wages for persons employed in these jobs must be set at increased rates. The minimum salary increase and other benefits for the mentioned employees are determined by a resolution of the Government of the Russian Federation*.

*fast. Government of the Russian Federation dated November 20, 2008 No. 870

This document provides that workers employed in harmful, difficult and dangerous working conditions:

Shortened working hours are established (no more than 36 hours per week);

Annual additional paid leave is provided (at least 7 calendar days);

The salary also increases (by no less than 4% of the tariff rate (or salary) established for various types of work with normal conditions).

These are the minimum guarantees. The company has the right, for example, to increase the minimum amount of compensation for hazardous work, as well as determine other, more favorable guarantees. These compensations are provided only based on the results of workplace certification.

Expert opinion

According to Decree of the Government of the Russian Federation dated November 20, 2008 No. 870, compensation for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions is established based on the results of workplace certification. According to Article 219 of the Labor Code, if safe working conditions are provided at workplaces, confirmed by the results of certification of workplaces for working conditions or the conclusion of a state examination of working conditions, compensation for workers is not established. The fact that any type of work is named in the list does not matter. If working conditions are found to be harmful or dangerous based on the certification results, then compensation is established.

I. Morozov, expert of the Legal Consulting Service GARANT,

A. Kikinskaya, reviewer of the Legal Consulting Service GARANT

The responsibility to determine the conditions for providing these compensations was assigned by the Government of the Russian Federation to the Ministry of Health and Social Development of Russia. To date, this department has not yet approved the necessary documents. Therefore, until now, the company needs to apply previously adopted regulatory legal acts (to the extent that does not contradict the Labor Code of the Russian Federation and the specified resolution of the Government of the Russian Federation). These documents include the Standard Regulations on the Assessment of Working Conditions at Workplaces and the procedure for applying sectoral lists of work, which may establish additional payments to workers for working conditions*.

*attachment to post. State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated 10/03/1986 No. 387/22-78

According to paragraph 1.7 of this provision, additional payments for work in difficult and harmful working conditions (especially difficult or harmful) “are established for specific jobs and are accrued to workers only for the period of actual employment in these places.”

Example

ZAO Salyut has a five-day, 40-hour work week (8 hours a day) with two days off (Saturday and Sunday). The standard working time in February of this year is 159 hours. Of these, company employee Ivanov worked 140 hours in hazardous conditions, which was confirmed by workplace certification.

According to the regulations on remuneration, earnings for work in hazardous conditions increase by 4% of the hourly (daily) rate or salary.

Situation 1

Ivanov has an hourly tariff rate of 225 rubles/hour.

Ivanov’s salary for February will be:

225 rub./hour × 159 hours = 35,775 rub.

225 rubles/hour × 140 hours × 4% = 1260 rubles.

35,775 + 1260 = 37,035 rub.

Situation 2

Ivanov’s salary was set at 36,000 rubles. In this case, to calculate additional payments for work in conditions deviating from normal conditions, an hourly rate is used, calculated as the ratio of salary to the number of hours according to the schedule of the corresponding month.

Ivanov’s hourly tariff rate in February will be:

36,000 rub. : 159 hours = 226.42 rubles/hour.

Compensation for work in hazardous conditions will be:

226.42 rubles/hour × 140 hours × 4% = 1268 rubles.

Ivanov’s total salary for February will be equal to:

36,000 + 1268 = 37,268 rubles.

Situation 3

Ivanov’s salary was set at 36,000 rubles. In this case, to calculate additional payments for work in conditions deviating from normal conditions, an hourly rate is used, calculated as the ratio of salary to the average monthly number of working hours per year.

The average monthly number of working hours this year will be:

1986 h: 12 months = 165.5 hours

The hourly tariff rate will be equal to:

36,000 rub. : 165.5 hours = 217.52 rubles/hour.

Compensation for work in hazardous conditions will be:

217.52 rubles/hour × 140 hours × 4% = 1218 rubles.

Ivanov’s total salary for February will be equal to:

36,000 + 1218 = 37,218 rubles.

The Labor Code does not establish the procedure for remuneration for piece workers in harmful or dangerous conditions. Therefore, it can be paid according to general principles in a manner similar to payment for overtime work or work on a day off (holiday). Products produced in harmful or dangerous conditions may be paid at increased piece rates.

The minimum size of their increase should be 4 percent of prices for the same products produced under normal conditions. If work cannot be carried out during the period of time in harmful (dangerous) conditions, the additional payment to the piece worker can be calculated using the formula:

Example

Ivanov, a worker at ZAO Salyut, works on a piece-rate wage system. According to the wage regulations adopted by the company, work in harmful or difficult conditions, confirmed by certification of workplaces, is paid at an increased rate. The increase is 4% of the piece rate for similar products produced under normal conditions, or the hourly tariff rate.

Situation 1

The piece rate is 80 rubles. per unit of finished product, production rate - 3 units/hour. During March, Ivanov produced 525 units of finished products, including 24 units as a result of labor in difficult and dangerous conditions.

It for March will be:

525 units × 80 rub./unit + 24 units × 80 rub./unit × 4% = 42,077 rub.

Situation 2

The piece rate is 4,000 rubles. per unit of finished product. At the same time, in March, Ivanov produced 8 units of finished products (including when working in harmful and difficult conditions).

The number of hours worked by Ivanov in March is 167. The number of hours worked by Ivanov in harmful and difficult conditions is 48.

For manufactured products, Ivanov should be credited with:

8 units × 4000 rub. = 32,000 rub.

For work in hazardous conditions, he is awarded an additional payment in the amount of:

8 units × 4000 rub. : 167 hours × 48 hours × 4% = 368 rub.

Ivanov’s total salary will be:

32,000 + 368 = 32,368 rubles.

In addition, we note that employees who are employed in jobs with harmful or dangerous conditions have a number of additional benefits. Thus, for them the working time is no more than 36 hours per week*.

*Art. 92 Labor Code of the Russian Federation

In this case, the maximum permissible duration of daily work (shift) should not exceed 8 hours for a 36-hour work week, and 6 hours for a 30-hour work week or less. Meanwhile, the collective agreement may provide for an increase in daily work hours, provided that the maximum weekly working hours and hygienic standards for working conditions are met*.

*Art. 94 Labor Code of the Russian Federation

To prevent or reduce the impact of harmful and dangerous production factors on workers, as well as to protect against pollution, appropriate personal and collective protective equipment (PPE) * is used. The employer, at his own expense, ensures the timely issuance of personal protective equipment, as well as their storage, washing, drying, repair and replacement**. Please note that all issued personal protective equipment must be certified or undergo a declaration of conformity***.

*Art. 209 Labor Code of the Russian Federation

**st. 221 Labor Code of the Russian Federation

***st. 221 Labor Code of the Russian Federation; fast. Gosstandart of Russia dated June 19, 2000 No. 34

In jobs with hazardous working conditions, workers should be given free milk or other equivalent food products, and in particularly harmful conditions, they should be provided with therapeutic and preventive nutrition. Labor legislation allows employers to provide employees (upon their written requests) instead of milk with compensation in an amount equivalent to the cost of milk or other equivalent food products*.

* Art. 222 Labor Code of the Russian Federation

Based on materials from the reference book "Salaries and other payments to employees"
edited by V. Vereshchaki

Employees who work in hazardous working conditions have the right to additional benefits and compensation that are designed to compensate for the adverse effects of working conditions on the health of employees. To determine whether working conditions at work are harmful, you need to take into account the list of professions current for 2016 and the results of a special assessment of working conditions.

Determination of hazardous working conditions

First of all, the company should take into account that special benefits, guarantees and compensation for harmfulness are established for employees only if their working conditions are considered harmful based on a special labor assessment. If, according to a special assessment of working conditions or the conclusion of a state examination, working conditions are considered safe, then any benefits and compensation for “harmfulness”, for example additional compensation for working in hazardous working conditions, cannot be established, since there are no harmful conditions themselves (Part 4 of Art. 219 of the Labor Code of the Russian Federation).

Thus, the answer to the question of how to determine the harmfulness of a profession is as follows: look at the report of a special assessment of working conditions.

At the same time, an organization that has employees working in hazardous conditions must take into account that legislation allows companies not yet to conduct a special assessment of working conditions if five years have not passed since the certification of workplaces (certification could have been carried out until 01/01/2014, see . Part 4 of Article 27 of Law No. 426-FZ). If, based on the results of this certification, it was recognized that employees work in hazardous conditions, they retain the right to additional payment for harmful conditions until the company conducts a special assessment.

Professions with hazardous working conditions

Thus, when determining whether a profession/position is harmful, first of all it is necessary to take into account information from the special assessment report on classes/subclasses of working conditions. If the document indicates the third (harmful conditions) class, then guarantees and compensation for “harmfulness” must be provided.

It should be borne in mind that this was not always the case. Previously, occupational hazards were determined on the basis of a list of professions approved by the Resolution of the State Committee of Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22 (List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and shortened working hours, hereinafter referred to as the List). In other words, the basis for providing additional benefits to an employee due to the harmfulness of his work was the presence of a position on the List.

Today, the List has not been completely canceled and continues to operate to the extent that it does not conflict with the Labor Code of the Russian Federation, which means that determining the right to guarantees and compensation for harm is often difficult.

So, if, on the basis of a special assessment or certification of workplaces, working conditions are recognized as harmful, but the profession is not on the List, then guarantees and compensation for harmfulness must still be provided based on the requirements of the Labor Code of the Russian Federation.

Also, for example, on the basis of a special assessment or certification of jobs, it may turn out that the working conditions for a specific position for which benefits and compensation for harm were provided and which is on the List are recognized as non-harmful. In this case, the employee’s position cannot be worsened (unless his working conditions at the workplace have become better, for example, production has not been modernized) and previously provided benefits and compensation should be preserved (Part 3, Article 15 of Federal Law No. 421-FZ of December 28, 2013 ).

Length of working day under hazardous working conditions

One of the main guarantees for hazardous workers (the third and fourth subclasses of the third class of working conditions) is the provision of a shortened working week (Article 92 of the Labor Code of the Russian Federation). Its duration can be no more than thirty-six hours (the standard duration for ordinary employees is a forty-hour work week, an eight-hour work day).

So, for example, you can set the following working hours in hazardous working conditions: duration of work on Monday from 9 to 18 hours, from Tuesday to Friday - from 9 to 17 hours with a lunch break from 13 to 14 hours and days off on Saturday and Sunday.

The legislation allows for deviations from this rule and establishing a forty-hour work week for a harmful worker. This can be done if the following conditions are simultaneously met (Part 3 of Article 92 of the Labor Code of the Russian Federation):

• establishing conditions in a collective agreement and industry (inter-industry) agreement;
• the employee is paid compensation;
• the employee expressed his consent to such conditions by signing an additional agreement to the employment contract.

At the same time, it must be remembered that conditions for working in hazardous working conditions that are more favorable for the employee compared to the Labor Code may be provided for in industry or intersectoral agreements.

The specific duration of the working day must be recorded in the internal labor regulations (Article 189 of the Labor Code of the Russian Federation).

It is important to take into account that if a hazardous worker’s salary is set, then it cannot be reduced in proportion to the reduced working time.

Other guarantees and compensation for harmful employees

In addition to reduced working hours, harmful employees are guaranteed:

• additional leave (based on Article 117 of the Labor Code of the Russian Federation, at least seven days for subclasses 2,3,4 of class 3 working conditions);
• increase in wages. The minimum amount of such an increase is four percent of the salary or tariff rate of employees performing the relevant work under normal working conditions (Part 2 of Article 147 of the Labor Code of the Russian Federation). In practice, this is most often formalized by establishing an additional payment.

As with reduced working hours, it is necessary to check whether industry (inter-industry) agreements provide more favorable conditions for harmful employees.

With the development of technology and the mechanization of manual labor, the list of difficult working conditions is decreasing. The paradox is that in the process of technology development itself, the list of hazardous production is steadily increasing. One must think that the issues of benefits for workers engaged in hazardous production will remain relevant for a long time.

A particular production can be classified as harmful due to many factors, the number of which is growing with the development of new technologies.

The gradation is based on harmfulness, that is, either a high level of potential danger of the work performed for the life or health of the worker, or an already existing negative impact of working conditions on the health of the worker.

Probably, any form of human activity can carry potential danger. A doctor can get infected from a patient, a driver can get into an accident, and so on. But this will fall into the category of accidents. Harmful work affects the human body every day, every hour, not by chance, but by virtue of its essence.

In general terms, hazardous production can be divided into several types:

1. Work associated with the risk of radiation contamination or constant radiation exposure.
2. Work associated with the risk of chemical poisoning or constant toxic exposure.
3. Work associated with the risk of vibration exposure or vibration impact on the worker’s body.
4. Work associated with the risk of biological hazards or exposure to biological hazards.
5. Work associated with the risk of any type of injury: mechanical, chemical, thermal, etc.

Legal regulation of hazardous working conditions

There is a certain legal nonsense in the legal regulation of harmful working conditions. Until now, when determining whether production is classified as harmful, they are guided by a regulatory act adopted in a no longer existing state - the USSR. One can make allowances for the fact that the Russian Federation recognized itself as the legal successor of the USSR, but, nevertheless, issues of hazardous production have long been in need of updated regulatory regulation. If only because in the conditions of a developing industry, modern unified regulation of all legal relations related to hazardous production is needed.

So far, the most complete list of hazardous industries is given in:

1. Resolution of the USSR Council of Ministers of 1977.
2. Additions and changes to the Regulations on the assignment of pensions from the same year.

In addition to Soviet regulations, the norms regulating the concept and conditions of hazardous production include, the full name of which is most often replaced by the abbreviation “SOUT”.

In essence, this regulatory act regulates the assessment activities of special commissions regarding working conditions.

SOUT work

Appraisal commissions are state-licensed organizations engaged in appraisal activities. The legal basis for their activities is accreditation received from the Ministry of Health and Social Development of the Russian Federation. Accreditation is issued based on the order of the Ministry of Health of 2010, amended and supplemented in 2016 and 2018.

The law on SOUT also includes requirements for:

• independence of evaluation commissions;
• mandatory expert composition of the commission;
• the presence of the corresponding Charter.

Job evaluations are carried out by a commission in the following categories:

• normal conditions;
• acceptable conditions;
• harmful conditions;
• dangerous conditions.

Based on the assessment results, the commission issues a special act, which is mandatory for employers. It is this act that establishes the harmfulness of production, and ultimately affects the establishment of benefits, wages, pension contributions, the size of pensions and the retirement age of workers engaged in hazardous production.

The law defines the obligation of all employers, regardless of the form of ownership of the enterprise, to ensure that a workplace assessment commission is carried out.

Ideally, assessment commissions are held at enterprises once every five years. Since this event is paid and quite expensive for employers, changes and additions were made to the Law of the Russian Federation on SOUT. In accordance with them, employers, in the absence of accidents or illnesses related to work, are allowed to indicate in the declaration of conformity workplaces defined as normal and acceptable, without recertification.

Of course, this is beneficial to employers, but may conflict with the interests of employees in cases where their working conditions change. The legislation enshrines the right of workers, represented by trade unions, to demand re-certification of workplaces if working conditions deteriorate.

Video - Who is entitled to compensation payments for harmful and dangerous working conditions?

Classification of hazardous working conditions

One of the main key features of modern regulations on hazardous production and the main slippery point is the ability for SOUT and for employers to differentiate hazardous production according to several indicators.

If Soviet legislation in this part was directive and specific, then today SOUT has the opportunity to reduce the “harmfulness” of production for professions and jobs that, by definition, are considered hazardous.

The basis for classifying works into this category are the following indicators:

• work can cause irreversible functional changes in the human body;
• work can cause occupational disease;
• work can completely deprive a person of his ability to work;
• work is characterized by many factors that make it impossible for the employee’s body to recover before the next work shift.

It would seem that everything is clear. If the work includes the above risks, it should be classified as harmful to life and health. However, within the same work function, SOUTH has the ability to reduce the “harmfulness” class. Grounds for downgrading may include:

• providing employees with personal protective equipment;
• providing production with general protection means;
• partial robotization of hazardous production, leading to a reduction in the time workers spend in hazardous work.

Note! A decrease in the hazard class entails a reduction in compensation payments, additional payments and benefits.

On the one hand, the possibility of downgrading seems logically justified. In fact, this usually entails a deterioration in the situation of workers engaged in hazardous production.

For example, we can take tin production. Of course, it is possible to provide the worker with a respirator, thick gloves and other protective equipment that can not only reduce, but even completely eliminate the risk to his health. However, in reality the situation is completely different. An employee cannot spend the entire work shift wearing a respirator, and cannot use gloves to pick up tinning plates. That is, using the required protective equipment, the employee will actually not be able to cope with the job. And in order to fulfill the work norm, he is forced, at his own peril and risk, to refuse protective equipment. This means that he will work in harmful conditions and at the same time receive reduced compensation or not receive it at all.

Division of electric and gas welders

Perhaps no other profession causes so many discrepancies in terms of whether it belongs to harmful or difficult working conditions. The reason is that list No. 2 of the Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 includes the specialty “electric and gas welder”. At the same time, the specialty “gas-electric welder” is not included in the lists, although it differs from “electric-gas welder” only by a change in spelling.

In order to eliminate contradictions, the Ministry of Labor of the Russian Federation issued a letter of recommendation, which is essentially a normative act. In accordance with this letter, the specialties “gas-electric welder” and “electric-gas welder” were equated. Since welding work, according to the SOUT assessment, belongs to class 3, both of them can qualify for all types of benefits, compensation and additional payments due for work in hazardous conditions.

Types of compensation for harmful working conditions

The entire range of measures aimed at compensating the employee for the risks associated with hazardous production is established by current legislation.

Compensatory measures include:

1. Additional paid leave. The Labor Code of the Russian Federation sets the lower limit for additional leave at 7 days.
2. Reducing the duration of the work shift. The total working hours should not exceed 36 per week.
3. An increase in wages by four percent of the fixed salary.
4. Reducing the age limit for retirement.
5. Free spa and general treatment.
6. Providing means of personal and collective protection from the harmful effects of production.
7. Compensation in kind, that is, free food, juices, milk. The employee has the right to refuse in kind, demanding its conversion into monetary terms.

Important! Compensation expressed in cash is not subject to taxation.

Benefits for employees engaged in hazardous work

Typically, non-specialists confuse the concept of benefits for hazardous working conditions with compensation.

In fact, there is only one benefit for workers engaged in hazardous work – a reduction in the age limit for retirement. The main regulatory act in this matter is. In accordance with this law, as well as on the basis that gives the right to a preferential pension, the retirement age is set depending on the harmful production patterns:

• from 45 years of age for women who worked in hazardous production conditions;
• from 50 years of age for men who worked in hazardous production conditions.

Moreover, according to list 1, special experience in hazardous production must be at least 10 years, and according to list 2 - at least 12.5 years.

Labor and collective labor agreements

First of all, working conditions, including in positions, workshops and production facilities with hazardous working conditions, are fixed either in collective or individual labor contracts.

Conditions mean:

1. The result of the workplace assessment by the SOUT commission.
2. Amounts of compensatory surcharge and allowance.
3. Amounts of additional leave.
4. Number of working hours per week.
5. Obligations of the employer to provide employees with personal protective equipment.
6. Conditions for compensation payments in case of exceeding maximum permissible working hours.
7. Types of compensation (milk, etc.).

The legislation of the Russian Federation establishes the following types of compensation measures for harmful working conditions, which must be notified in an individual or collective labor contract:

1. Mandatory bonus for hazardous working conditions in the amount of at least 4 percent of the salary.
2. 36 hour maximum working hours per week.
3. Mandatory additional payment for overtime hours. A maximum increase is possible up to 40 hours per week. Overtime compensation is set by industry agreements in the range of 20-50% for each hour of overtime over the 36-hour maximum.
4. Additional paid leave for employees engaged in hazardous work. The minimum duration of additional leave is set at 7 calendar days.
5. Providing milk, personal protective equipment, additional nutrition, as well as receiving free spa treatment.
6. Possibility of replacing milk and food with their monetary equivalent.

Video - Benefits, guarantees and compensation for harmful working conditions

Milk is harmful

This seemingly hackneyed expression actually has its own legal regulation, norms and vacation rules.

First of all, the issues of issuing milk to workers engaged in hazardous production are regulated by Article 222 of the Labor Code of the Russian Federation.

As can be seen from the text of the article, the issues of replacing the distribution of milk with a cash equivalent or with food products equivalent to milk are regulated by individual or collective agreements.

Quantitative milk standards are determined by the classes of harmful production, which were discussed above. If the SOUTH determines the harmfulness of production in class 3 or 4, then in accordance with the Order of the Ministry of Health of the Russian Federation, the employer will be obliged to provide workers with milk or food products equivalent to it.

In accordance with this order, the milk supply rate is 0.5 liters per shift. Milk should be dispensed in specialized premises (buffets, canteens, etc.).

The same order regulates the issuance of additional products depending on the work performed.

The above order of the Ministry of Health of the Russian Federation is available on the Internet in free access. You can read the text of the document.

Free food

Issues of free therapeutic and preventive nutrition for workers engaged in hazardous work fall under the category of compensation. Organizational and regulatory measures related to free meals are determined by medical and nutritional standards.

First of all, you should know that not all workers involved in hazardous work are entitled to free food. This type of compensation is only available to those employed in particularly hazardous work associated with chemical, radiation, ionizing and other influences.

The diet was developed by the Institute of Nutrition of the Academy of Medical Sciences and is designed to compensate for the effects of harmful compounds, components and rays on the body. The food is divided into special tables, depending on the type of work performed - radioprotective, high-protein, hypoallergenic, sulfur-containing, lead-protective, phosphoroprotective and others.

Additional nutrition is provided during work shifts in the form of breakfast, lunch or two meals a day. Along with strict adherence to the recipe and set of products for each table, a set of necessary vitamin preparations is included with each meal.

Harmful production in questions and answers

What if the employer hides the real harmfulness of the workplace?

For each workplace at the enterprise there is a certification sheet (card). First of all, you should ask the employer to provide an opportunity to familiarize yourself with it. In case of refusal or absence of an attestation sheet, you should submit applications to choose from:

• to the labor dispute commission;
• to the Labor Inspectorate;
• to Rospotrebnadzor;
• to the Prosecutor's Office.

According to the rules of personnel records, attestation cards must contain the signature of the employee. If he was not familiarized with it and was not offered to sign the card, there is a violation of labor legislation.

How to retire after working in a hazardous industry?

The main parameters of retirement are contained in the table below:

How can we get money to be given out instead of milk and other products?

To convert milk, juice or food required by labor law into their monetary equivalent, it is enough to write a statement to management. Everything is decided by the desire of the employee. The question is different: is it worth translating? The salary increase will be small. But milk, having turned into money, is already subject to taxation, which means the increase will be even smaller.

How can I confirm my “harmful” work experience for the Pension Fund if I worked for 10 years in hazardous production, but the company changed its name, changed owner and does not issue an archival certificate?

Such incidents occur quite often. In the absence of a certificate from the enterprise, the Pension Fund will most likely refuse to grant an early pension. Immediately upon receipt of the refusal, you should contact a lawyer and appeal the PF decision to court. As part of the consideration of the case, the court will oblige the company to provide archival data or indicate where and from whom it can be requested. Based on the results of the court decision, it will be possible to again apply to the Pension Fund for the assignment of a well-deserved pension. So everything can be resolved.

Is the time spent on maternity leave taken into account for preferential retirement?

The time spent on maternity leave and child care leave is included in the total length of service, and points are awarded for it. However, this period cannot be considered the time of work in hazardous production. The right to early retirement will appear if you have a special service of 10 years on the first list, and 12.5 years on the second list.

Working conditions are based on certain characteristics of the working environment that affect human health and ability to work.

There are four classes of working conditions depending on the degree of harmfulness:

• optimal,
• acceptable
• harmful
• and dangerous.

Harmful and dangerous classes especially influence a person, so let’s look at them in more detail.

Harmful working conditions are established by regulations and arise due to the excess of hazardous factors. As a result, the employee may develop certain occupational diseases.

The classification of hazardous working conditions is as follows:

1. First degree: after such types of work, the body takes a long time to recover (a day or several), in addition, there is a risk of getting an occupational disease;
2. Second degree: types of work that lead to the first signs of mild illness;
3. Third degree: types of work that lead to persistent (chronic) occupational disease of mild to moderate severity;
4. Fourth degree: work that leads to the appearance of a chronic serious illness or even loss of ability to work.

Hazardous working conditions are called when an acute chronic disease or threat of death occurs.

The degree of harm is influenced by many factors that greatly harm the health of the employee:

• the presence of one-time or long-term exposure to ionizing radiation in doses exceeding the maximum permissible norm;
• noise exceeding safe levels;
• insufficient lighting in the room, leading to blurred vision;
• increased concentration of dust in the production room or area, impairing the functioning of the respiratory system;
• suspended or high temperature and humidity that interfere with the employee’s normal activities or cause fainting;
• intense work activity leading to mental disorders;

Working with chemical reagents and dangerous viruses and microorganisms, due to the high probability of infection, should also be included in this list.

On the territory of Russia, it turns out, there are many professions associated with difficult working conditions.

This list shows professions in 2019 whose working conditions can be classified as harmful and dangerous factors:

• people working in metallurgical production, as well as workers involved in the extraction of ferrous and non-ferrous metals;
• miners, especially coal miners;
• people working in chemical plants;
• persons involved in the processing of oil, gas, coal, shale;
• inventors of electronics, radio equipment, as well as those who repair electrical devices;
• producers of coke substances and their varieties;
• employees working in the nuclear industry;
• persons who are exposed to ionizing radiation above established standards and who are in contact with radioactive substances;
• people working with mercury;
• metal workers;
• persons involved in metal recycling using highly active solutions;
• workers making silica refractory products;
• manufacturers of building materials;
• producer gas producers;
• manufacturers of pulp and paper products;
• creators of glass and porcelain products;
• people involved in printing production;
• citizens who create medicines, as well as those who work with dangerous microorganisms;
• manufacturers of artificial and synthetic fiber products;
• persons working with explosives, gunpowder, ammunition;
• workers serving agricultural organizations;
• vulcanizers;
• locksmiths;
• divers;
• machinists;
• welders and gas cutters working in a small confined space.

We are all accustomed to considering the work of welding machinists as normal. There are family dynasties engaged in precisely this work. But due to working with harmful substances in a confined space, sometimes without special protective clothing, these professions are also at risk.

Determining the hazards of work by certifying workplaces

Certification of workplaces to determine the hazardous nature of work is mandatory by law. Also, holding such an event on the part of the employer indicates a caring attitude towards employees.

Harmfulness is determined as follows:

1. At the preparatory stage, a commission is created consisting of a labor protection engineer and trade union members, which sets a work schedule.
2. At the second stage, a check of current working conditions is carried out, during which the results of previous certification, as well as accidents that have occurred at work over the entire period, are considered.
3. Once harmful or dangerous factors are detected, they are examined in detail by experts in laboratories and, if necessary, measurements are taken.

At the end of the research, the degree of working conditions is determined.

Employment for a “harmful” position occurs in several stages.

First, you need to have a printed order from the employer about hiring in hazardous conditions.

Before starting independent work, you must undergo a preliminary (entrance) medical examination. This medical examination differs from the usual one in that the conclusion must state that the citizen can, for health reasons, work in harmful conditions.

The next step is to create the employee’s personal file. To do this, you need to take copies of documents to the HR department: passport, work book, diploma or other educational document, positive conclusion from a therapist, insurance certificate of pension insurance, as well as the originals of the employment contract and medical report.

A mandatory step will be to undergo appropriate instructions. The final step will be to study the theory, pass exams and undergo an on-the-job internship.

The contract must necessarily indicate points if the work is performed in harmful and (or) dangerous working conditions (Article 57 of the Labor Code of the Russian Federation):

• the profession, specialty, position with assigned qualification is prescribed;
• the duration of labor is indicated;
• additional payment is prescribed for work in difficult conditions.

Compensation occurs through:

• shortening the working week;
• additional payments to the basic salary;
• additional leave;
• free distribution of dairy products or equivalent products;
• vouchers to dispensaries, sanatoriums and other medical and preventive places;
• preferential (early) pension.

Each organization can compensate hard work as it sees fit. These or other bonuses are prescribed in the collective agreement.

Time spent working in difficult working conditions

A standard work week lasts 40 hours, but people working in unfavorable health or living conditions are required to work 36 hours a week (shortened week); in some cases, the employer may allow an even shorter duration.

With a 36-hour work week, the shift should last 8 hours, and with a 30-hour or less - 6 hours (Article 94 of the Labor Code of the Russian Federation).

All workers need a break from work at one time or another. And an employee working in difficult conditions has the right to take a break for lunch and rest for an hour, in rare cases for two. Each organization sets its own standards.

To perform personal needs (go to the toilet, smoke break, make a phone call), short 5-minute breaks are provided.

Also, during the day you can take a 30-minute break, but it will not be included in the total working time and will be paid additionally.

In particularly harmful and (or) dangerous working conditions, the employee is provided with additional rest breaks, but they are established within the framework of the internal labor regulations.

Additional payment for work in difficult, harmful and (or) dangerous conditions

If work activity is associated with difficult, harmful, dangerous working conditions, then the law requires a monetary bonus (compensation).

Payment is made in the standard amount + additional payment for work in difficult conditions. Compensation is carried out in the amount of 4% (or higher is possible) of wages in optimal and acceptable conditions. The exact percentage is determined by the organization itself - the employer agrees with the representative body of employees.

Employees working in hazardous industries are required to undergo preliminary and periodic medical examinations. According to Article 212 of the Labor Code of the Russian Federation, the employer must send for medical examinations and pay the costs.

Such medical examinations are necessary to determine the employee’s health status: whether he will be able to begin or continue to perform the required duties, whether his health condition has worsened or remained at the same level.

Before the medical examination begins, the employee is given a sheet in which the doctors necessary for the round are prescribed. If at least one doctor does not mark “fit” for medical reasons, you can’t count on working in such conditions.

Harmful production factors greatly affect human health. As a result of long-term work, problems may arise with internal organs, vision, hearing, skin, or even affect genetics (radiation, for example). In order to maintain a healthy, vigorous, active state of the employee, the company organizes therapeutic and (or) preventive nutrition for him.

Free milk or other dairy products, or equivalent food products, serve as a therapeutic and preventive measure:

1. Healthy nutrition is not provided to everyone, but strictly for those jobs whose working conditions can be called harmful and (or) dangerous. Milk is given in the amount of half a liter.
2. If an employee works part-time (not full time per shift) in harmful or dangerous conditions, then meals are provided for working half a shift.
3. In case of periodic employment (not every shift), milk is provided exclusively on those days on which work was carried out in a hazardous environment.
4. The issuance of dairy or other equivalent medicinal food products for future use is unacceptable, and also cannot be issued if the employee was absent or on sick leave.

Foods rich in pectin can serve as equivalent nutrition: jelly, marmalade, juices, jams, canned fruit. As well as fermented milk products: kefir, bifidok, natural yoghurts.

You can refuse food and receive monetary compensation, which will be based on the cost of this product; for this you need to write an application.

Personal or personal protective equipment is used to reduce or prevent the entry of harmful, toxic or dangerous substances into the human body.

The following means of protection are distinguished:

• overalls (suit, overalls, robe, underwear, cap) and safety footwear (shoes, boots);
• technical means that can protect from: mechanical impact (helmet, gloves), bright lighting or sparks (mask, glasses), noise (ear plugs, headphones), toxic steam or harmful emissions (gas mask, respirator), electric shock (dielectric mats and mittens, stands);

Creams, ointments, and detergents against aggressive effects on the skin should be mandatory companions for workers both at home and at work.

The employer is obliged:

• independently purchase protective equipment for your own personnel;
• monitor the availability and promptly replenish missing materials;
• monitor their expiration date;
• ensure easy access to them in critical cases.

Of course, no one relieves the employer of responsibility. But even in hazardous industries, no one will stand by and check how correctly the employee fulfills the requirements of the instructions, since he is primarily interested in compliance with it.

In addition to monetary compensation and free provision of certain food products, employees for harmful activities under Article 117 of the Labor Code of the Russian Federation are also entitled to additional paid leave.

Additional days are calculated according to the time worked in a hazardous environment. That is, the number of hours you work in these conditions is the amount of rest you will get as a bonus. The minimum number of additional calendar days is 7.

If an employee has worked for more than 7 calendar days, he can compensate them with monetary compensation. For example, you have an additional 14 days, but you can take an additional week of vacation and ask for monetary compensation for the other 7 days. For many, this alternative seems very successful.

Labor of women and minors in hazardous conditions

Women, due to their poor health and reproductive capacity, are not allowed to work in unfavorable conditions, which can lead to many unpleasant or even terrible consequences.

Therefore, work related to lifting and manually moving objects whose weight exceeds the permissible norm is prohibited.

Women are allowed some loads, but they should not be exceeded:

1. Lift and move objects weighing up to 10 kg, alternating with other work (up to 2 times per hour).
2. Move and move objects weighing up to 10 kg on carts.
3. Lift and move objects up to 7 kg throughout the entire shift.

Pregnant women are prohibited from performing heavy work. If a pregnant woman worked in these types of work, she is transferred to another, quieter place.

Persons under 18 years of age are prohibited from working in harmful and (or) dangerous work or work related to moving or manually lifting heavy objects.

Young people are allowed to lift and carry objects of weight during one work shift:

• at the age of 14-15 years from 2 to 3 kg;
• at the age of 16-17 years from 3 to 4 kg.

Measures taken when it is impossible to perform further work in hazardous conditions

An employee whose work in harmful conditions is no longer possible (due to medical contraindications), the employer may be:

• transferred to another type of work (safer);
• transferred to another position. Wages should remain the same or be reduced, but with the consent of the employee;
• fired.

It happens that an employee refuses to work in dangerous conditions for fear of getting sick or dying. In such a case, the employer may consider such a complaint and take action. But you should be prepared for the fact that the employer will not want to transfer you to another place, because... It’s not profitable for him - the equipment is idle, for example.

Long-term work in one company, associated with difficult working conditions, can entail many positive aspects. For example, a preferential pension or an early pension, which an employee is entitled to if he has completed a certain period of work. This is the key point in providing this pension.

To receive a preferential pension, men need to work hard:

1. Work in a harmful environment for more than 10 years.
2. Have a work experience of 20 years.
3. Be over 50 years of age.

For women, the conditions for early retirement are different:

1. Have worked for more than 7.5 years.
2. Have a work experience of at least 15 years.
3. Be over 45 years of age.

After all of the above conditions are met, you need to submit documents such as a passport, a document that confirms the possibility of early retirement, and other documents.

Certificate confirming harmfulness

Such a certificate indicates that you have sufficient work experience in hazardous industries, so its presence will ensure early retirement.

It must indicate: position, time spent working in hazardous conditions, documents that confirm this certificate. It must be filled out carefully, without errors or blots. If there are any shortcomings, the Russian Pension Fund may not accept it.

There is no strictly defined template for filling out, so it is better to focus on the following:

1. In the template we indicate the name of the organization, its legal address, and the date of completion.
2. Below we write your last name, first name, patronymic, year of birth, SNILS number.
3. For clarification, you can indicate the articles of the Russian Federation to which we refer.
4. We write out the employment form, which confirms that it was full-time.
5. We write down the profession, position. You can additionally provide a link to the list that contains this “harmful” profession.
6. In the next line we write down all the time spent working in hazardous conditions to prove that we have the necessary experience.
7. At the end, we list all the documents from which we took the necessary data: passport, work book, personal file.

Do not forget about the signature of the management and the seal of the enterprise.

Having worked for many years at one enterprise in a position associated with harmfulness, an employee deserves early retirement. Timely retirement is determined by the employee’s own choice and the integrity of the employer.

The length of service for granting a preferential pension is calculated based on the time spent in these types of work.

The calculation does not include time spent on:

• decree;
• long business trips;
• leave due to study;
• administrative leave.

The time spent on sick leave is taken into account when calculating length of service.

In some exceptional cases, for example, when working with dangerous microorganisms, the length of service is doubled.

Employers' liability

The state has provided control over violation of the rights of employees working in harmful and (or) dangerous working conditions. It establishes supervision that monitors the correct fulfillment of the rights of the employer and the duties of the employee.

Regulatory acts prohibit not providing paid leave every year to people employed in hazardous work (Labor Code of the Russian Federation No. 197-FZ). For violation, the employer bears administrative liability.