At what temperature is the shortened working day. Temperature regime: when it's time to shorten the working day

Speaking about the temperature regime and microclimate in working premises, as well as about measures to optimize the work of personnel in winter and summer, it must be remembered that there is a Decree of the Chief Sanitary Doctor of Russia dated June 21, 2016 No. 81 “On approval of SanPiN 2.2.4. requirements to physical factors at workplaces "" (together with "SanPiN 2.2.4.3359-16. Sanitary and epidemiological rules and regulations ..."). At the same time, it is important for the employer to know that this Resolution was registered with the Ministry of Justice on 08.08.2016 under No. 43153 , which means that it has the status of an active normative document, which is mandatory.

The inevitability of the Decree is achieved not only by registration with the Ministry of Justice, but also by a direct indication in paragraph 1.2 of the SanPiN itself, which says that compliance with the requirements of the rules is mandatory both for citizens who are in labor relations, and for individual entrepreneurs And legal entities. Literally, this means that non-compliance with the requirements of the SanPiN itself in the part that it regulates labor activity, is a reason for imposing a fine of up to 80,000 rubles.

A few words about SanPiN

The document itself is quite voluminous, but, oddly enough, quite understandable even for a non-specialist. It contains several sections that include requirements for workplaces by levels:

• noise;
• vibrations;
• infra- and ultrasound;
• electric, etc. fields;
• laser and ultraviolet radiation;
• on the microclimate in industrial premises.

As for noise, vibrations and radiation, as life shows, people are not as worried about this as temperature. environment when it rises 30 degrees above zero. The body of workers begins to experience serious stress in such conditions, and this is not a joke. From what values ​​of ambient temperature can be considered stress according to the law. As we have already said, this is written in SanPiN. But see the specific numbers below.

How it works

First of all, SanPiN 2.2.4.3359-16 does not apply to divers and astronauts. Also, the requirements do not apply to the conditions for performing rescue operations or combat missions (by whom, it is not specified, but obviously, we are talking about rescuers and firefighters).

Further, SanPiN 2.2.4.3359-16 indicates that it makes requirements for jobs. What are workplaces, SanPiN does not explain, but in paragraph 2.1.2 indicates that hygienic requirements for microclimate indicators are established for workplaces in industrial premises. This means that it does not formally apply to those who have to work in the heat on the street, for example, road workers (it does, of course, but what if it says so).

Now to the production environment and microclimate.

There are five indicators of the microclimate:

• air temperature;
• surface temperature;
• relative humidity;
• air (wind) speed;
• intensity of thermal radiation.

Taken together, they represent a comfortable environment in which working conditions are optimal.

What was not included in these indicators, but is taken into account by SanPiN, is the clothes in which a person works. It is hot to work in cloth, and sometimes uncomfortable overalls discourage workers from all cravings for work. Let's take a look at the specific rules. For a piece of clothing SanPiN takes a set of things with thermal insulation 1 CLO in the cold season and 0.7-0.8 CLO in the warm season for an 8-hour work shift.

CLO is a measure of the insulating properties of clothing. To immediately avoid questions like how many CLOs are in ordinary jeans or a T-shirt, let's say this is a relative value. 1 CLO is the amount of clothing needed to feel comfortable. For example, if you work at a computer, then it will be normal to sit at +25, but if you stand up and wave a sledgehammer 30 times, then the temperature of comfortable ambient air will drop sharply to +10. What is important to understand here is that clothing retains heat, but does not produce it. If the clothes are heated, they will also warm the worker (unless they are special clothes). If the worker himself is heated, then his clothes retain heat and cause overheating of the worker himself. The physical performance of the workplace is not affected by CLO, but it affects the person and therefore should be taken into account.

Optimal values ​​of microclimate parameters

Let us explain what the categories of work on energy costs are. This is an indicator of the release and loss of human energy during work (includes the metabolic rate from the background exchange to the mechanical power developed by the muscles). For example, category Ia jobs are sedentary jobs with little physical exertion, while category III jobs involve constant movement with a load, such as a sledgehammer.

Professions by job category

Ia	Predominantly seated work, such as cadres, accounting, seamstresses, watchmakers, compositors, proofreaders, etc.
Ib	Work performed both sitting and related to movement, for example, librarians, various types of controllers, including in transport, etc.
IIa	Work associated with constant walking, such as pizza deliverymen, couriers (the mass of the delivered cargo does not exceed a couple of kilograms), etc.
IIb	Work related to the movement of weights up to 10 kilograms, it can be both loaders and locksmiths, etc.
III	Work associated with the movement of weights over 10 kilograms or requiring constant physical effort, such as casters, etc.

Therefore, knowing which category of energy costs your professional activity, you can easily determine optimal values for your microclimate.

But what to do if these values ​​strongly deviate from normal values? For this, there are special tables in which work standards are established if the optimal values ​​​​change.

Microclimate tables

Permissible duration of stay at workplaces at air temperatures above the permissible values

Permissible duration of stay at workplaces at air temperatures below the permissible values

These are the tables you need to focus on.

How to navigate the temperature

Working in hot or cold weather is special conditions labor. They impose certain responsibilities on employers.

Bosses need to know: if it's hot outside, benefits for outdoor workers are due at a temperature of 32.5 ° C. The benefits are as follows: people should rest in a cool place every 20-30 minutes. At the same time, a break for such a rest should last at least 10-15 minutes. Also not allowed to work in the heat: underage workers and people over 40 years old, pregnant employees and people suffering from chronic diseases. And to work on the street at temperatures above 37 ° C is not allowed at all. These are the recommendations of Rospotrebnadzor.

If the room is +30 degrees, then we look at what jobs we are working on and determine the duration labor day. The speed of air movement and relative humidity, by and large, do not excite us. There are, of course, in SanPiN the maximum indicators (which should be) for humidity and the speed of movement of air masses (you can see starting from paragraph 2.2.7), but the tables of working hours are calculated exclusively by degrees of air temperature. Therefore, we look at the thermometer, look at the table, find the desired column and get the result: how long can you work at this temperature.

But what should the boss do if the workers have to work in conditions of heat, and manufacturing process not stop? The duty of the employer in hot weather is to provide workers with comfortable working conditions. Life is life, and it costs more than a fan. Therefore, if the air temperature causes plastic on office equipment to melt, then you should at least buy this fan.

Even better is to purchase a split system that can maintain the optimum temperature in the room. But this is not a panacea either. Even a large air conditioner outside the window does not always save. It is also necessary (ideally) to put a humidifier. Yes, it's expensive, but it's worth it.

At a minimum, employees will know that the employer loves and appreciates them. In addition, the stress of the worker will be minimized, which means that there will be fewer errors in the work.

As a maximum, you won’t have to write explanations to the GIT or the Investigative Committee if someone ends up in the hospital due to the heat.

What does GIT say about this?

According to the explanations of the GIT, if there is not enough money for fans, the employer may introduce downtime for reasons beyond the control of both the employer and the employee. In addition, the agency believes that the administration during abnormal temperatures can allow employees to work from home, extend their breaks for rest and meals, and generally change the mode and work schedule of staff. True, the department clarifies that for such forced innovations, the employer will have to conclude additional agreements to employment contracts. The editors of the KlubatTK believe that it is better to introduce these provisions into the PVTR and, when certain circumstances occur, simply issue an appropriate order.

As for working in the cold, there are certain general rules, for example, according to article 109 of the Labor Code of the Russian Federation, some categories of workers need to establish additional breaks for heating and rest, and this time is included in the working time. At the same time, Rostrud recalls that only those citizens who do not have any medical contraindications for working in the cold can work in the cold. At the same time, employees must be provided with funds personal protection, which is called "according to the weather."

Speaking about special breaks for heating, the officials remind that their number and duration are established by the acts of the employer and must depend not only on the air temperature, but also on the strength of the wind. One of the responsibilities of the organization is to ensure that the temperature in places of heating is 21-25 degrees, as well as the installation of special equipment that maintains a temperature of 35-40 degrees to warm hands and feet.

Rostrud also reminds that the employer is obliged to provide subordinates with normal working conditions, which means that they are liable, up to criminal liability, for inaction and causing harm to the health of the employee. To avoid this, officials suggest studying and starting to implement guidelines Chief State Sanitary Doctor "Modes of work and rest for workers in cold weather in an open area or in unheated premises" (MR 2.2.7.2129-06).

How relevant is the reduction of the working day at the enterprise, in the office, with high temperature air? In accordance with the regulations of Article 25 of the Federal Law No. 52 of the Federal Law, adopted as of March 30, 1999, the stipulated working conditions in the organization, prepared workplace and, in fact, the very process of carrying out certain activities, names of work, should not have a negative impact on the health of a person working at a given facility. The rules, requirements of sanitary and epidemiological standards, which are provided, both in the industry and directly within the framework of a particular enterprise, must also be taken into account when the temperature is above normal. In this case, the safety of the production itself is ensured, as well as the appropriate working conditions for each workplace. Such places must, in the prescribed manner, meet all labor requirements, which is also established by the framework of the adopted Labor Code, namely, articles 22, 163, 212, which are fundamental for any employer if the temperature is above normal.

In turn, certain requirements, on the basis of which the working day is reduced in the summer at any production site, are also regulated by the relevant SanPin rules under the number 2.2.4.548-96, which relate to additional regulatory documents. In particular, on the basis of this document, it is precisely possible to determine at what temperature of the air, noted in the room, production activity should be severely limited so as not to force some sort of health problem on potential workers. In other words, if the temperature is too high due to the heat, the performance of employees drops, therefore, the time spent at the workplace must be reduced to a minimum, which must be paid attention to.

Temperature indicators and possible operation in such conditions

How long should the high temperature regime last in the office, what should be the air index in the workplace, so that we can say that the reduction of working hours will become relevant. If we are talking about what should be the temperature in the office in hot weather, then the optimal value should be 23-25 ​​degrees, the corresponding humidity value is set as 40-60%. This is due to the fact that the employee spends the time of work in a relatively minor body tension, therefore, overheating in this case simply does not threaten him. In the event that the air temperature at the workplace is already 28.5 degrees, the corresponding work time will be reduced to seven hours, which will indicate the saving of specialists' resources for other work.

Important! Subsequent reductions must be carried out at an air temperature that rises even slightly.

In this case, it is necessary to rely solely on the provisions established in the framework of Table 2, the corresponding Appendix number 3, to the previously considered provisions of SanPin. When the temperature indicator reaches 32.5 degrees in the room, the subsequent stay of a specialist at his workplace is completely unacceptable. Therefore, when a situation arises that the temperature is elevated, the employer can use two methods to solve the problem:

• Reduce the length of the working day, thereby saving working office specialists from health problems in summer period afternoon;
• Try to install the required number of air conditioners in the room, supply it with everything necessary equipment for cooling, with special devices that further reduce the temperature to a level below 30 degrees. Thanks to this, the employee will be able to work indoors for a long period of time and not experience any discomfort.

Special attention deserves the situation when the employer, for a number of reasons, cannot independently and in deadlines ensure that proper working conditions are observed in the office premises. In this case, forcing yourself to reduce work time, the employer must necessarily pay the employee at the average wages, which is considered compensation for the funds for the penalty. This is necessarily regulated at the legal level, for which it is worth analyzing the relevant article 157 of the Labor Code. It is worth highlighting one more actual situation that may take place in this case. For example, when the temperature is above 32.5 degrees at work, the employee does not go to work (but only for this reason). The employer who gives him absenteeism does this in violation of applicable law, therefore, even if the employee is laid off, you can try to recover, within the framework of the law, this is a completely natural action.

At the end of the analysis of the problem, it should be noted that the employer should not lose sight of such a service situation, when an elevated temperature is noted at work. The bottom line is that if the temperature does not decrease (in the same way as the installation of climate systems and other equipment), the employer can simply be fined, thereby stimulating the subsequent fulfillment of the duties assigned to him under the current legislation. It is worth noting that in this situation, in view of the lack of compliance with the requirements, there are two separate offenses at once, which must be taken into account. In the first case, Article 6.3 is violated. the current code of the Code of Administrative Offenses, which is due to the fact that workplaces are not equipped in accordance with the rules for temperature indicators. In the second case, there is a violation of the adopted labor legislation, the relevant norms on labor protection, taking into account that the workers actually stay in unfavorable conditions for themselves. This is regulated by the provisions of Article 5.27 of the adopted Code of Administrative Offenses.

Consequently, at the legislative level, this kind of issue is covered quite well and practically, allowing a potential employee to ensure that he receives a full-fledged social protection his labor interests. The employer is obliged to ensure the protection of health and ability to work, taking all measures to exclude exposure to heat.

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

What happened?

Rostrud published its traditional summer information message for employers, in which it recalled that they are obliged to create normal working conditions for workers in the heat. Officials, in particular, obliged the management of companies and individual entrepreneurs to recall the requirements of SanPiN 2.2.4.548-96. 2.2.4 “Physical factors of the working environment. Hygiene requirements to the microclimate industrial premises. Sanitary Rules and Norms”, approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation of October 1, 1996 N 21. These norms not only determine the maximum possible length of the working day in hot weather, but also the conditions that the employer is obliged to create at the workplace.

How long can you work in the heat

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

How does temperature affect run time?

Employee workload level (upper limit in the warm season)	Permissible temperature, °С
Working day in hours

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

Air conditioning in every office!

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

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

The message of the service, in particular, says:

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

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

Liability for violation of labor rights

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

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

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

Many office workers and not only they dream of shortening the working day in the heat. Moreover, the reduction of working time does not depend entirely on the good role of the management of the enterprise, the company. We tell what Rostrud says about reducing the working day in the heat, based on current legislation, as well as sanitary standards SanPiN.

The employer must take into account the temperature

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

The obligation of the employer to reduce the working day due to the heat is based on his other obligation - to provide his staff with normal, adequate working conditions at each workplace that meet the requirements of labor protection.

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

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

What does the law say about heat at work?

Directly the law on the reduction of the working day in the heat does not exist. AND Labor Code The Russian Federation does not directly regulate this situation.

At the same time, there are mandatory sanitary norms for all employers to reduce the working day in the heat: these are SanPiN 2.2.4.3359-16 “Sanitary and epidemiological requirements for physical factors in the workplace” (approved by the decision of the Chief State Sanitary Doctor of the Russian Federation of 06/21/2016 No. 81).

According to SanPiN, a reduction in the working day in the heat is necessary when the air temperature deviates from the norm. We are talking about the degree in the working room.

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So, if the temperature has reached:

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

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

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

Olga Grevtseva, expert of the Occupational Safety and Health System
Working in stuffy rooms can exacerbate chronic diseases. Sanitary rules SanPiN 2.2.4.548-96 establish the optimum air temperature in the working premises from 16 to 25 degrees, as well as permissible (deviating from optimal) temperature indicators depending on the time of year and categories of work by energy consumption levels. When the air temperature at the workplace is above the permissible values, the working hours are reduced.

If normal working conditions are not observed at the enterprise, the employee has the right to apply:

• to the territorial office Federal Service on supervision in the field of consumer protection and human well-being (Rospotrebnadzor);
• to the territorial body of Rostrud - state inspection labor.

How to measure temperature

To reduce the working hours of employees, justification is required. To do this, the employer measures the air temperature at the workplace and records the result in supporting documents.

The temperature in the workplace is measured with a thermometer or psychrometer.

Measurements are carried out at workplaces and, based on their results, a protocol is drawn up. The protocol provides layouts of areas for measuring microclimate parameters and reflects the following information:

• about the production facility;
• on the placement of technological and sanitary equipment;
• about sources of heat release, cooling and moisture release;
• other data.

The protocol gives an assessment of the results of the performed measurements for compliance with the regulatory requirements of clause 7.15 of SanPiN 2.2.4.548-96.

If the air temperature exceeds the permissible values ​​​​and it cannot be brought back to normal using technical means(no air conditioning), the employer must reduce the working hours of employees in accordance with legal requirements. To do this, he needs to issue an order to reduce the length of the working day with reference to the protocol on measuring air temperature at workplaces.

How much to reduce working time

The time spent at workplaces at air temperatures above the permissible values ​​\u200b\u200bis set in table 1 of Appendix 3 SanPiN 2.2.4.548-96.

Time spent at workplaces at air temperatures above the permissible values

Air temperature at the workplace, °C	Time of stay, no more, for categories of work, h
	Ia - Ib	IIa - IIb	III
32,5	1	—	—
32,0	2	—	—
31,5	2,5	1	—
31,0	3	2	—
30,5	4	2,5	1
30,0	5	3	2
29,5	5,5	4	2,5
29,0	6	5	3
28,5	7	5,5	4
28,0	8	6	5
27,5	—	7	5,5
27,0	—	8	6
26,5	—	—	7
26,0	—	—	8

Category	Description of works	Example
Ia	Works with an intensity of energy consumption up to 120 kcal / h (up to 139 W) are performed while sitting with little physical stress	A number of professions at enterprises of precision instrumentation and mechanical engineering, in watch and clothing industries, in the field of management, etc.
Ib	Work with an intensity of energy consumption of 121 - 150 kcal / h (140 - 174 W), performed while sitting, standing or walking and accompanied by some physical stress	A number of professions in the printing industry, in communication enterprises, controllers, masters in various types production, etc.
IIa	Work with an energy consumption intensity of 151 - 200 kcal / h (175 - 232 W), associated with constant walking, moving small (up to 1 kg) products or objects in a standing or sitting position and requiring a certain physical exertion	A number of professions in machine assembly shops engineering enterprises, in spinning and weaving production, etc.
IIb	Work with an energy consumption intensity of 201 - 250 kcal / h (233 - 290 W), associated with walking, moving and carrying loads up to 10 kg and accompanied by moderate physical stress	A number of professions in mechanized foundries, rolling, forging, thermal, welding shops of machine-building and metallurgical enterprises, etc.
III	Work with an energy intensity of more than 250 kcal / h (more than 290 W), associated with constant movement, moving and carrying significant (over 10 kg) weights and requiring great physical effort	A number of professions in forge shops with hand forging, foundries with hand stuffing and pouring of molding boxes in machine-building and metallurgical enterprises, etc.

Advice:

To prevent the adverse effects of the microclimate, the following protective measures can be provided:

• local air conditioning systems,
• air shower,
• overalls and other personal protective equipment,
• recreation areas,
• reduction of work time.