“Budget organizations: accounting and taxation”, 2011, N 6
According to Art. 223 of the Labor Code of the Russian Federation, the provision of sanitary, medical and preventive services to employees of organizations, in accordance with labor protection requirements, is entrusted to the employer. In addition, paragraph 2 of Art. 25 of the Federal Law of March 30, 1999 N 52-FZ “On the Sanitary and Epidemiological Welfare of the Population” establishes that organizations are obliged to carry out sanitary and anti-epidemiological (preventive) measures to ensure safe working conditions for humans and comply with sanitary rules and requirements of other regulatory legal acts of the Russian Federation to production processes and technological equipment, organization of workplaces, collective and individual protective equipment for workers, work, rest and consumer services for workers in order to prevent injuries, occupational, infectious diseases and diseases (poisoning) associated with working conditions.
About sanitary provision
The organization of safe working conditions is regulated for each enterprise.
What does this concept include:
- Finishing of premises: timely repairs, as well as maintenance in good condition. This could be an office or a repair shop, a room inside a building, a workshop, a warehouse, etc.
- Availability of equipped dining rooms.
- Sanitary facilities: Toilets, bidets, washbasins.
- Availability of dressing rooms, dining rooms and changing rooms.
The premises must be cleaned periodically and kept clean. Plaster should not be allowed to hang from the ceiling; this is dangerous for the health of employees.
This is interesting: How is an independent judicial construction and technical examination of a residential building carried out in accordance with the legislation of the Russian Federation?
Key Aspects
Sanitary, medical and preventive services for workers include, for example, finishing and maintaining premises in a satisfactory sanitary condition:
- office (workshop, warehouse) where the employee carries out his labor or official duties;
- set aside for eating;
- intended for hygiene procedures;
- showers and equipped with washbasins;
- dressing rooms, locker rooms.
Each room, depending on its purpose, has its own requirements for decoration and content, as well as size.
A common requirement is to finish the surfaces of the room with materials from which various contaminants can be easily removed. The treated surfaces should not suffer from the use of disinfectants and cleaning agents.
The walls and floors of bathrooms, showers and washbasins should be finished with ceramic tiles: they are easy to clean, do not accumulate harmful substances and, if properly treated, do not create an environment for the proliferation of bacteria.
To maintain normal sanitary conditions in office, household, warehouse and industrial premises, it is necessary to carry out periodic wet cleaning with the treatment of surfaces with which personnel come into contact with disinfectants.
All rooms must be equipped with a proper ventilation system to avoid air stagnation and the spread of bacteria.
Commentary to Art. 223 Labor Code of the Russian Federation
1. Sanitary, medical and preventive services for workers must be organized by the employer in accordance with labor protection requirements (see commentary to Articles 211 - 215 of the Labor Code of the Russian Federation), in compliance with the provisions of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population” (SZ RF. 1999. N 14. Art. 1650).
2. Providing proper sanitary services for employees, the employer must, when equipping the appropriate premises (for rest and eating, for heating and cooling, showers, washrooms, dressing rooms, restrooms, smoking rooms, etc.) comply with the requirements of building codes and rules of the Russian Federation (see SNiP 2.09.04-87 “Administrative and domestic buildings”, approved by Decree of the USSR State Construction Committee of December 30, 1987 N 313 // M.: State Unitary Enterprise TsPP, 2001).
3. For work associated with pollution, workers are provided with soap, and for work associated with difficult to wash off dirt, oils, etc. - hand cleansing pastes at a certain rate per month, depending on the name of the work and production factors ( see Resolution of the Ministry of Labor of Russia dated July 4, 2003 N 45 “On approval of the standards for the free issuance of flushing and neutralizing agents to employees, the procedure and conditions for their issuance” // BNA RF. 2003. N 48).
What a manager must do
To create safe conditions and hygienic standards, the facility manager must fulfill the requirements:
- health and safety regulations;
- GOSTs and labor safety standards;
- SNIPs and SP.
Some basic requirements:
- Creation of normal temperature and humidity conditions. Exhaust and supply ventilation units must be operational. Air conditioners - in summer, heaters - in winter. For each type of work, a certain temperature and humidity regime is established.
- Definition of a workplace. At the employee’s place of work, nothing should threaten his life and health. Insulation of wires is mandatory, gas or dust levels must be within the standard, and if this cannot be ensured, then respirators, headphones or safety glasses must be provided.
- In meal rooms, a cleaning procedure must be established. Garbage must be taken out every day, tables must be wiped down, and food must be kept in a tightly closed cabinet.
- All employees must be provided with special clothing and footwear, and the clothing must be changed at specified intervals. And PPE needs to be replaced with new ones when worn out or once a year.
- Availability of washrooms so that workers can take a shower after work.
- The premises must be kept clean and tidy.
Even if the violation is small, you should not ignore it.
How to equip workplaces
How to properly place sanitary or household premises if they are close to work areas.
About the equipment of working places:
- There are four groups of production processes in total, depending on the characteristics of the operating conditions. The first ones occur without dust and increased levels of dust and gas contamination. The latter occur with the release of dusty substances. In the third age, the factor of harmfulness occurs, and in the fourth age, it occurs with a pronounced harmful component.
- The main premises for household needs are wardrobes, washrooms and bathrooms. In the dressing rooms, special rooms for duty personnel can be equipped. It is necessary to provide places for ironing, drying clothes and other purposes, this is necessary for the needs of workers in this area of work.
- Showers must be installed in rooms together with dressing rooms. If the showers are specifically for changing clothes, then you need to install benches. The number of booths is determined based on the calculation of the number of workers based on the maximum indicator.
- The location of workplaces is initially planned according to the project, in accordance with established standards, and the indicators of labor protection requirements are taken into account here.
What else does employee security include?
- Providing personnel with drinking water in individual or collective containers. In practice, in order to provide staff with clean drinking water, offices and production areas are equipped with coolers. When working at high ambient temperatures, in “hot” shops, or in an open area in the summer, people should have free access to salted water. This is due to the need to restore the water-salt balance disturbed by intense sweating.
- Issuance of personal protective equipment (PPE). Any production process is associated with the need to protect the worker from environmental influences, mechanical damage, and contamination. The employer is obliged to provide the employee with protective clothing of his size, regardless of its purpose (protective or signal). The standards for issuing and the list of issued protective clothing depend on the nature of the work, are regulated by sanitary and hygienic standards and safety requirements and are approved by the internal act of the organization. This also applies to other personal protective equipment.
- Washing employer-issued workwear and cleaning other personal protective equipment. Cleaning, including chemical cleaning, is carried out by the employer at his own expense. An employee does not have the right to take PPE outside the territory of the enterprise (organization) at the end of the work shift. This is related to two aspects at once, which include sanitary and household services for workers - arrangement of dressing rooms and organization of laundry, and, if necessary, dry cleaning.
- Distribution of cleaning agents and disinfectants to employees engaged in work associated with contamination. Pollution, which is inevitably associated with the performance of a number of works, is classified into unstable and persistent. To wash off the former, such as dust and household dirt, soap is provided. Removing persistent contaminants, for example, fuels and lubricants, machine oil, requires the use of cleaning pastes. If work duties are carried out under conditions of biologically harmful factors, personnel are provided with disinfection means. For example, the danger of infection with brucellosis at the site of primary processing of raw materials in fur production implies the inclusion of medical alcohol in the list of products issued to workers. Working with medications and chemical compounds involves issuing a protective and moisturizing hand cream.
- Dispensing milk or equivalent dairy products in hazardous work. In order to prevent occupational diseases among personnel engaged in hazardous work, enterprises distribute milk, kefir or cottage cheese. This procedure involves ensuring sanitary conditions for the storage and distribution of dairy products. A refrigerator is required, and the person directly dispensing milk, even in original containers, must have a health certificate. To avoid difficulties, enterprises often replace milk at the request of employees with payment of monetary compensation equivalent to the cost of the product.
This is interesting: Is it possible to get a tax refund, return money for dental treatment in a private clinic? What to write in 3-NDFL?
Article 223. Sanitary, medical and preventive services for workers.
§ 1. The arrangement of sanitary facilities, premises for eating, for providing medical care to workers, rest rooms during working hours (during intensive assembly line work) and psychological relief rooms should already be provided for in the designs of industrial buildings and premises. The employer is obliged, at his own expense, to equip them with appropriate equipment and organize their proper maintenance. In industries with predominantly female labor, the employer is obliged to organize women's sanitary rooms and rooms for feeding infants.
§ 2. Workers in hot shops and production areas sweat from high temperatures, and with sweat water and salt leave their bodies. To prevent the employee’s body from becoming dehydrated and desalted, it must be promptly replenished with salt water. Therefore, while working in hot shops and production areas, an employee should have the opportunity to drink free salted carbonated water more often.
§ 3. Sanitary and epidemiological surveillance authorities study the temperature conditions of hot shops and production areas and decide with the administration the issue of where to organize the supply of carbonated salt water to workers. Such supplies are made at the expense of the employer.
§ 4. Hot production areas and workshops include rolling, metal smelting, blast furnace in the metal industry, mining shops of porcelain-faience and brick factories, gas-filled shops of lamp factories, etc. They provide workers with free carbonated salt water at the rate of 4 - 5 liters per person per work shift.
§ 5. Where special showers and washrooms with hot and cold water are equipped, they are supplied with soap. Washbasins should be equipped with air hand dryers or regularly changed towels. An employee exposed to pollution at work is given 400 grams of soap per month free of charge. Pastes, ointments, flushing and neutralizing substances are also issued free of charge according to special lists of such work, indicating the standards for issuance (Resolution of the Ministry of Labor of the Russian Federation, in agreement with the Ministry of Health of the Russian Federation, dated July 4, 2003, N 45 “On approval of standards for the free issuance of flushing and neutralizing agents to employees , procedure and conditions for their issuance”). These substances are issued on the basis of local lists and norms attached to collective agreements.
§ 6. Employees who have suffered from industrial accidents, occupational diseases, and for other medical reasons are transported from work to medical institutions or to their place of residence by the organization’s vehicles or at its expense (for example, by taxi). The administration is obliged to organize such transportation of a sick employee or victim of an accident.
Organization of sanitary services
Sanitary services for workers are an integral part of a system of measures aimed at labor protection. Such maintenance is the responsibility of the employer. These are the labor protection requirements.
Organizing sanitary services means building new and expanding existing premises for staff, dressing rooms, showers, washbasins, toilets, smoking areas, rooms for drying, storing and issuing workwear.
Modern sanitary, medical and preventive services for workers presuppose the presence of premises in which they will provide full medical care and conduct health procedures.
In addition to this, equipped health centers, first-aid posts, hygienic rooms for women, rooms with hand and foot baths, and rooms intended for short rest during working hours are needed. More or less serious organizations cannot do without the construction of facilities to provide medical care. These include hospitals, outpatient clinics, sanatoriums, emergency medical services and other services, as well as health buildings and facilities with modern equipment.
Sanitary provision for workers.
Sanitary services and medical support for workers in accordance with labor protection requirements are assigned to the employer (Article 223 of the Labor Code of the Russian Federation). For these purposes, the employer, in accordance with established standards, equips sanitary premises, premises for eating, premises for providing medical care, rooms for rest during working hours and psychological relief; first aid stations are organized, equipped with first aid kits; apparatus (devices) are installed to provide workers in hot shops and areas with carbonated salt water, and more.
Transportation to medical organizations or to the place of residence of employees affected by industrial accidents and occupational diseases, as well as for other medical reasons, is carried out using the employer’s vehicles or at his expense.
Workshops and production areas in which the supply of carbonated salt water is organized are established in agreement with the authorities exercising state sanitary and epidemiological supervision and control.
The sanitary facilities also include dressing rooms, showers, washrooms, latrines, female hygiene rooms, smoking rooms, places for half-showers, saunas, drinking water supply facilities, rooms for heating or cooling, rooms for processing, storing and issuing workwear, washing and etc.
Sanitary services for workers are regulated by SNiP 2.09.04–87 “Administrative and domestic buildings” , SP 2.2.1.1312–03 “Hygienic requirements for the design of newly built and reconstructed industrial enterprises” and a number of industry regulations.
The organization of medical and preventive services for workers covers the construction and equipment of health care facilities for providing medical care to workers and carrying out health procedures: health centers, first-aid posts, steam rooms, saunas, inhalators, fotariums, as well as rooms for hand and foot baths, for rest during working hours. Large organizations may envisage the construction of clinics (outpatient clinics), hospitals, sanatoriums, ambulance stations and other medical care services, as well as the construction of sports and recreational buildings and facilities and equipping them with the latest equipment. If the payroll number is from 50 to 300 employees, the organization must provide a first-aid post; for more than 300 employees, a health post.
If the employer has a motor vehicle, he is obliged to organize pre-trip medical examinations of drivers under an agreement with a health care organization on the premises of this organization or on the basis of his enterprise. In this case, the employer is required to allocate a special room consisting of at least two rooms, equipped with the necessary equipment and bags with a set of medications for emergency care.
29. Medical examinations at work. Classification, purpose and procedure.
Russian legislation on labor protection ( Article 213 of the Labor Code of the Russian Federation ), as well as the legislation of economically developed countries of the world, contains a requirement for employees to undergo preliminary (upon employment) and periodic (during employment) medical examinations. The frequency of monitoring the health status of workers is established by the Ministry of Labor of the Russian Federation. The employer is obliged to ensure, at its own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations (examinations) of employees to determine the suitability of these employees to perform the assigned work and prevent occupational diseases. Employees carrying out certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in the manner established by the authorized The Government of the Russian Federation is a federal executive body.
Carrying out medical examinations (examinations) from January 1, 2012 is regulated by Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 N 302n “On approval of lists of harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out ), and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions.” Examinations (examinations) are carried out by medical and preventive organizations that have the appropriate license and certificate.
The employer is obliged to provide persons sent for preliminary medical examinations with referral forms on which the results of medical examinations and a conclusion on the ability to perform the work assigned to him due to health reasons are entered. A referral for inspection is issued to the employee by the employer along with a list of harmful, hazardous substances and production factors affecting the employee.
To conduct a preliminary or periodic examination, a medical organization forms a permanent medical commission. The commission is headed by an occupational pathologist. For an employee undergoing a preliminary examination, the medical organization issues the following:
— medical record of an outpatient;
— employee health passport (if it has not been issued previously).
As a result of the preliminary examination, a conclusion is drawn up, which indicates the name of the harmful production factor and (or) type of work, as well as the result of the medical examination (medical contraindications were identified or not identified).
Periodic inspections are carried out every year or once every 2 years, depending on the type of harmful or dangerous production factors affecting the employee or the type of work performed.
When is it necessary?
Depending on the specifics of the enterprise, requirements for labor protection measures may differ. The main list of complexes and premises that must be located at any enterprise is specified in Art. 223 of the Labor Code of the Russian Federation.
Thus, any enterprise - be it a factory or an office - must have sanitary facilities.
But, for example, a small store cannot make a profit if it spends part of the proceeds on servicing a medical office. In this case, the list of measures to ensure sanitary conditions is established in a collective or labor agreement.
About medical examinations
Organizations of any form of ownership are required to conduct medical examinations of employees every year.
For this:
- Lists of employees are prepared in advance.
- An agreement is concluded with a specialized medical institution, that is, the medical structure must have a license for the services provided.
- The event is carried out according to the administrative document approved by the organization.
- Payment is made upon completion of work.
- Based on the results of the medical examination, a report is drawn up indicating the number of those who passed and failed the examination, as well as those admitted or not allowed to work. The document outlines measures regarding the health status of workers.
Why is SOUT carried out?
Sanitary services for employees are carried out in accordance with regulations and SOUT maps.
What is a special assessment of working conditions? Any workplace, no matter whether it is temporary or permanent, must undergo certification. To do this, measurements of gas or dust levels, illumination and noise characteristics are carried out, the equipment used is assessed, and the employee is interviewed to create a description of the work process. Based on the information received:
- Research is being carried out on gas or dust levels. If excesses are detected, measures are proposed, and it is also established what PPE must be used during the work shift.
- It is established what special clothing is required in accordance with the standards.
- An action plan is being developed to eliminate identified violations with a deadline for implementation.
Conducting a special assessment of working conditions is aimed at identifying violations and eliminating them, including sanitary and medical care for employees.
Is the employer obligated to create a place for employees to eat, see this story:
About providing free food
Employees are provided with free food in cases where this is established by regulations.
This is established for industries where the following are found:
- excess of chemical or biological factors;
- sources of increased danger as a result of radiation or the presence of explosive materials.
If an employee works in the workplace, and there are dangers, then this circumstance must be compensated by the employer.
To do this, do the following:
- administrative documents are issued;
- the procedure for issuing and writing off funds, as well as the rules for receiving coupons, are agreed upon;
- set lunches are specially prepared in the canteens;
- Workers must get all the necessary nutritional elements in their diet to restore their strength.
The costs of free food are included in the cost of production, but despite this, it is necessary to keep clear records at the enterprise.
Equipment of health centers
If in organizational structures there is a risk to the health and life of employees, then a health center should be located on the territory of such an enterprise. What should the room be equipped with:
- means for providing first aid by specialists;
- basic technical devices for determining health status;
- tables and chairs, examination couches.
It is important to clean the room itself every day, and it should be damp. Among other things, the following are regularly held:
- disinfection - treatment against harmful bacteria;
- deratization - treatment of the premises from rodents;
- disinsection - treatment against insect infestation;
- treatment with antiseptic compounds to prevent the appearance of penicillin on surfaces.
This type of treatment is carried out by specialists from hygiene centers or services. To carry out work, you need to enter into contractual agreements, and then agree on when to do the work.
The chemicals used for treatment are effective and last a long time.
Medical support for employees
Any employer, fearing a decrease in output and unnecessary loss of working time due to illness, strives to preserve the health of its staff. medical support for employees is organized , during which the prevention of diseases, including occupational diseases, is carried out.
As for the legal basis, sanitary and medical services for workers are subject to the requirements and regime introduced by regulations of authorities, collective agreements or agreements. Among the measures taken by the employer to organize effective service in accordance with regulatory requirements are:
- creation of posts at workplaces with first aid kits containing medicines and preparations with the help of which first aid is provided;
- providing employees with sanitary facilities, canteen rooms, medical care, rest rooms and emotional and psychological relief;
- equipping hot shops with automatic machines (devices) that supply workers working in these shops with carbonated salt water.
Features of providing workers
Sanitary services and medical support for workers have a number of characteristic features. So, for example, the composition and size of the premises of a health center must necessarily comply with certain sanitary requirements and rules approved by the Chief Sanitary Doctor of the Russian Federation dated May 18, 2010 N 58.
The area of the premises depends, first of all, on the number of employees served and the type of assistance provided. Sanitary requirements also apply to compliance with the rules of the anti-epidemic regime.
A feature of the service provided to workers is the presence of such a form of medical support as sanitary posts with first-aid kits containing medicines and drugs necessary to provide emergency medical care.
The employer's responsibilities include free provision of employees working in hot shops and areas with salted (salt content up to 0.5%) carbonated water. In addition, the employer is obliged to organize free transportation by his own vehicles of sick employees to the hospital or place of residence.
What objects are included?
Such objects include:
- health, first aid stations;
- personal hygiene rooms;
- dressing rooms;
- steam rooms;
- saunas;
- inhalers;
- fotaria;
- rest rooms;
- smoking areas;
- premises for washing, dry cleaning and drying;
- premises for disinfecting clothes and shoes;
- bathroom
If the size of the organization allows, then clinics and sports and fitness facilities can also be located on the territory of the enterprise.
This list is regulated in accordance with SNiP 2.09.04-87.
Article 223 of the Labor Code of the Russian Federation. Sanitary, medical and preventive services for workers
1. Sanitary, medical and preventive services for workers must be organized by the employer in accordance with labor protection requirements (for labor protection requirements, see Article 211 and the commentary thereto).
2. The organization of sanitary services for workers includes the construction, expansion, reconstruction and equipping of sanitary premises, dressing rooms, showers, washrooms, toilets, smoking rooms, places for half-showers, rooms for personal hygiene of women, drinking water supply devices, heating rooms or cooling, processing, storage and issuance of special clothing, etc. (clauses 2.17 - 2.20 of the Recommendations for planning occupational safety measures, approved by Resolution of the Ministry of Labor of Russia of February 27, 1995 N 11 // Bulletin of the Ministry of Labor of Russia. 1995. N 3).
The organization of medical and preventive services covers the construction and equipment of health care facilities for providing medical care to employees and conducting health procedures: health, first-aid posts, women's personal hygiene rooms, steam rooms, saunas, inhalators, fotariums, as well as rooms for hand and foot baths, for relaxation during working hours. Large organizations may envisage the construction of clinics (outpatient clinics, hospitals, sanatoriums, ambulance stations and other medical care services), as well as sports and recreational buildings and facilities and equipping them with the latest equipment.
On the design of household buildings of enterprises intended to house sanitary and public health premises, premises of public catering establishments, etc., see Building codes and regulations. Administrative and domestic buildings - SNiP 2.09.04-87. Official publication (Moscow: Gosstroy USSR, 1988).
If the employer has a motor vehicle, he is obliged to organize mandatory pre-trip medical examinations of drivers under an agreement with a health care institution on the premises of this institution or on the basis of his enterprise. In this case, he must be allocated a special room, consisting of at least two rooms, equipped with the necessary instruments and bags with a set of medications for emergency care (Appendix No. 2 to the Methodological Recommendations “On the organization of pre-trip medical examinations of vehicle drivers,” approved. by letter of the Ministry of Health of Russia jointly with the Ministry of Transport of Russia on August 21, 2003 N 2510/9468-03-32 (New Pharmacy. 2004. N 7).
Medical and preventive services also include the organization of medical examinations of certain categories of workers (Article 213 of the Labor Code), the provision of milk and therapeutic and preventive nutrition to persons engaged in work with harmful and especially harmful working conditions (see Article 222 and commentary to it), other measures aimed at preventing illness among workers (see, for example, Article 224 of the Labor Code).
Collective agreements and agreements on labor protection may provide for the organization of other forms of sanitary, medical and preventive services for workers that do not contradict labor protection requirements, including the creation of sanitary posts with first aid kits stocked with a set of medicines and preparations for first aid.
It is recommended to complete first aid kits in agreement with the health authorities, taking as a basis the composition of the first aid kit (car) and the Rules for the provision of first self- and mutual aid, approved. Order of the Ministry of Health and Medical Industry of Russia dated August 20, 1996 N 325 (Appendices 1 and 2 // BNA RF. 1997. N 14).
3. For preventive purposes, employers are obliged to: comply with the requirements of sanitary legislation, as well as regulations, instructions and sanitary and epidemiological conclusions of officials carrying out state sanitary and epidemiological supervision; develop and carry out sanitary and anti-epidemic (preventive) measures; carry out production control, including laboratory research and testing, compliance with sanitary rules and the implementation of sanitary and anti-epidemic (preventive) measures in the process of work; carry out hygienic training of workers, incl. in the preparation, retraining and advanced training of workers, etc. (Articles 11, 29 and 36 of the Law on Sanitary and Epidemiological Welfare).
4. The employer is obliged to supply employees of hot shops with carbonated salt water free of charge. Workshops and production areas in which the supply of carbonated salt water is organized are established in agreement with the authorities of the state sanitary and epidemiological service of the Russian Federation.
Transportation of people who are sick at work or victims of accidents at work and occupational diseases to medical institutions or to their place of residence is carried out by vehicles at the expense of the organization where the sick or injured person works.
How is it organized at the enterprise?
The location for the location of facilities necessary to ensure the standards of sanitary, household, medical and preventive services for employees must be included in advance in the layout of the enterprise buildings. Their presence, sufficiency and validity of location is one of the main requirements for planning. In case of violations of legal labor protection requirements, the organization of such an enterprise may not be approved by administrative or municipal authorities.
Also, each facility or complex requires the presence of qualified specialists. Upon the fact of their employment, an employment contract is drawn up with reference to this enterprise. Such employees should be covered by the benefits required by the specific nature of the enterprise.
The structure of the facilities necessary to ensure the standards of sanitary, household, medical and preventive services in modern enterprises must correspond to the size, specialization, scale of activity, available resources and specific features of the organization. The throughput and size of facilities and complexes must correspond to the number of workers.
In accordance with clause 2.5. SNiP 2.09.04-87, sanitary facilities should be designed depending on the groups of production processes.
The implementation of labor protection measures imposes on the employer the obligation to inform new employees about the complex of therapeutic and preventive measures carried out on the territory of the enterprise, as well as about the schedule for their implementation. The set of services provided by the workplace infrastructure must be regulated in the employment contract.
Commentary on Article 223 of the Labor Code of the Russian Federation
The equipment of sanitary premises, premises for eating, premises for providing medical care, rooms for rest during working hours and psychological relief must be carried out in accordance with SNiP 2.09.04-87 “Administrative and domestic buildings”, approved by the Decree of the Gosstroy of Russia dated 31.03 .1994 N 18-23 and put into effect on July 1, 1994. Monitoring compliance with the standards for providing workers with the necessary sanitary facilities, premises for eating, the allocation and equipment of premises for eating, rest rooms and psychological relief is carried out by territorial bodies sanitary and epidemiological supervision, which in their activities are guided by sanitary rules, relevant GOSTs and hygienic standards.
Providing sanitary, medical and preventive services to employees of the organization in accordance with labor protection requirements at the expense of the employer is provided for in Art. 223 TK. For these purposes, the organization, in accordance with established standards, equips sanitary facilities, rooms for eating, rooms for providing medical care, rooms for rest during working hours and psychological relief. Sanitary posts with first aid kits stocked with a set of medicines and preparations for first aid are being created, devices are being installed to provide workers in hot shops and areas with carbonated salt water, etc. (Articles 11, 29 and 36 of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population” (as amended on July 19, 2011)).
Employees who have suffered from industrial accidents or have lost their ability to work due to occupational diseases are transported to medical organizations or to their place of residence using the employer’s vehicles or at his expense.
General provisions
In order to provide sanitary, medical and preventive services to employees of organizations, the employer, in accordance with established standards, equips and creates, in particular:
- sanitary facilities;
- premises for eating;
- premises for medical care;
- rooms for rest during working hours and psychological relief;
- sanitary posts with first aid kits stocked with a set of medicines and first aid preparations.
Sanitary facilities. Currently, the requirements for the equipment of sanitary premises are established by SNiP 2.09.04-87* “Administrative and domestic buildings”, approved by Decree of the USSR State Construction Committee dated December 30, 1987 N 313. According to clause 2.4 of SNiP 2.09.04-87*, the composition of sanitary - household premises include dressing rooms, showers, washrooms, latrines, smoking rooms, places for placing half-showers, drinking water supply devices, rooms for heating or cooling, processing, storing and issuing workwear.
Premises for eating. When the number of people working per shift is more than 200, the organization must have a canteen, which, as a rule, serves semi-finished products, and when there are up to 200 people, a canteen-dispenser (clause 2.49 of SNiP 2.09.04-87*). If the number of workers per shift is less than 30 people, it is allowed to provide a food intake room instead of a dining room. The area of the eating room should be determined on the basis of 1 square. m for each visitor or 1.65 sq. m for a disabled person using a wheelchair, but not less than 12 sq. m. The eating room must be equipped with a washbasin, a stationary boiler or electric kettle, an electric stove (microwave oven), and a refrigerator (clause 2.52 of SNiP 2.09.04-87*).
A room for relaxation during working hours and psychological relief. In accordance with paragraph 2.44 of SNiP 2.09.04-87*, premises and places of rest during working hours and psychological relief rooms should be located, as a rule, in dressing rooms for home clothes and health centers. If the air parameters of the working area in production premises are acceptable and there is no contact with substances of hazard classes 1 and 2, it is allowed to provide open rest areas in the form of areas located in workshops in areas not used for production purposes. In these premises, devices for the preparation and distribution of special tonic drinks, as well as places for physical exercise, may be provided.
Premises for medical care. According to clause 2.27 of SNiP 2.09.04-87*, enterprises with a payroll of more than 300 people must provide medical assistants. If the payroll number is from 50 to 300 workers, a medical center must be provided (clause 2.30 of SNiP 2.09.04-87*). Its area should be:
- 12 sq. m - with a payroll of 50 to 150 employees;
- 18 sq. m - with a payroll of 151 to 300 employees.
If the organization allows the possibility of using the labor of disabled people, then the area of the medical station is allowed to increase by 3 square meters. m. The medical center must have equipment approved by local health authorities.
Other events. In addition to the above measures, the employer may provide other measures aimed at ensuring safe working conditions for humans and compliance with sanitary rules. In particular, in order to meet sanitary requirements for the microclimate of production premises, air conditioning systems can be installed in the latter. Requirements for microclimate indicators at workplaces of all types of industrial premises are determined by SanPiN 2.2.4.548-96 “2.2.4 Physical factors of the working environment. Hygienic requirements for the microclimate of industrial premises. Sanitary rules and norms”, approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 1, 1996 N 21. Microclimate indicators must ensure the preservation of the thermal balance of a person with the environment and the maintenance of an optimal or permissible thermal state of the body.
In accordance with clause 4.3 of SanPiN 2.2.4.548-96. 2.2.4 indicators characterizing the microclimate in production premises include:
- air temperature;
- temperature of surfaces (enclosing structures (walls, ceiling, floor), devices (screens, etc.), as well as technological equipment or devices enclosing it);
- relative humidity;
- air speed;
- intensity of thermal radiation.
Optimal microclimate parameters at workplaces must correspond to the values given in Table 1 of SanPiN 2.2.4.548-96. 2.2.4 in relation to the performance of work of various categories in the cold and warm periods of the year. For example , the air temperature in production premises during the warm season should not exceed 25°C. In addition, differences in air temperature in height and horizontally, as well as changes in air temperature during a shift, while ensuring optimal microclimate values in the workplace, should not exceed 2°C (clause 5.4 of SanPiN 2.2.4.548-96. 2.2.4).
Note! In order to protect workers from possible overheating or cooling when the air temperature in the workplace is higher or lower than permissible values, the time spent at the workplace (continuously or cumulatively per work shift) should be limited to the values specified in Tables 1 and 2 of Appendix 3 to SanPiN 2.2. 4.548-96. 2.2.4. For example , at an air temperature in a production area of 30°C, the time spent at workplaces should not exceed five hours, and at a temperature of 31°C - three hours.
We organize household premises from the point of view of labor protection!
Greetings, dear friends! In this note, we will consider the issue of organizing sanitary services for employees of an organization from the position of labor protection. The obligation to equip shower rooms, for example, does not depend on the specific profession (position) of an employee of the organization.
According to Part 1 of Article 223 of the Labor Code of the Russian Federation, the employer is responsible for providing sanitary services to employees in accordance with labor protection requirements. The organization of sanitary services for workers is regulated by the Code of Practice “SP 44.13330.2011. Administrative and domestic buildings. Updated version of SNiP 2.09.04-87” approved by Order of the Ministry of Regional Development of Russia dated December 27, 2010 No. 782, and includes equipment:
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- sanitary facilities;
- premises for eating;
- premises for medical care;
- rooms for relaxation during working hours and psychological relief.
According to clause 2.4. SNiP 2.09.04-87, sanitary premises include dressing rooms, showers, washrooms, latrines, smoking rooms, places for half-showers, drinking water supply devices, rooms for heating or cooling, processing, storage and distribution of workwear. Sanitary facilities, including showers, for workers involved directly in production, should be designed depending on the groups of production processes. In addition, separate standards for shower equipment may be provided for by departmental regulations. Sanitary facilities for workers directly involved in production must be designed depending on the groups of production processes in accordance with Table 6 of SNiP 2.09.04-87. The following notes accompany this table:
- When combining characteristics of different groups of production processes, the type of dressing rooms, the number of shower screens and washbasin taps should be provided according to the group with the highest requirements, and special household premises and devices - according to the total requirements.
- In processes of group 1a, showers and cabinets; in processes of groups 1b and 3a, benches near cabinets may not be provided.
- For any processes associated with the release of dust and harmful substances, the dressing rooms must be equipped with respiratory facilities (per payroll number), as well as rooms and devices for dust removal or neutralization of workwear (per number per shift).
- In mobile buildings made from block containers, it is allowed to reduce the estimated number of shower nets to 60%.
- When working with infectious and radioactive materials, as well as with substances hazardous to humans when entering through the skin, sanitary facilities should be designed in accordance with departmental regulations.
- In accordance with departmental regulations, open storage of clothes, including on hangers, is allowed.
- Harmful substances should be taken in accordance with GOST 12.0.003-74, hazard classes of substances - in accordance with GOST 12.1.005-76.
- The estimated number of disabled people with musculoskeletal disorders and blind people per shower net is 3, per faucet - 7, regardless of the sanitary characteristics of production processes.
In dressing rooms, the number of compartments in closets or hanger hooks for home and special clothing should be taken equal to the payroll number of workers, for street clothes - the number in two adjacent shifts. When the number of employees at an enterprise is up to 50 people, it is allowed to provide common dressing rooms for all groups of production processes. Wardrobes for home and special clothing for production process groups 1c, 2c, 2d and 3b must be separate for each of these groups. In dressing rooms of mobile buildings with a payroll number of employees not exceeding 150 people, it is allowed to allocate space for placing cabinets for workwear of the 3rd group of production processes, if their number does not exceed 25% of the total number of cabinets. Dressing rooms should include storage rooms for work clothes, restrooms, rooms for duty personnel with space for cleaning equipment, places for cleaning shoes, shaving, and drying hair <Except for separate dressing rooms for street clothes>. For production process groups 1 and 2a, when the number of workers is no more than 20 people per shift, special clothing storage rooms may not be provided. In cases where cleaning or disposal of workwear must be carried out after each shift, dispensing workwear should be provided instead of dressing rooms. The number of showers, washbasins and special household devices provided for in Table 6 should be taken according to the number of workers in a shift or part of this shift, simultaneously finishing work. Showers are equipped with open shower cabins. Up to 20% of shower stalls may be closed. For disabled people with musculoskeletal disorders and for the blind, closed cabins should be provided. Shower cabins with a through passage are provided for production processes of groups 1c, 3b, as well as in cases established by departmental regulatory documents. Lavatories in multi-storey residential, administrative and industrial buildings must be on each floor. If the number of workers on two adjacent floors is 30 people or less, restrooms should be located on one of the floors with the largest number of people. If the number of workers on three floors is less than 10 people, it is allowed to provide one restroom on three floors. If there are disabled people with musculoskeletal disorders among the workers, restrooms should be located on each floor, regardless of the number of workers on the floors. In latrines with more than four sanitary fixtures, one stall should be provided for the elderly and disabled. If there are disabled people with musculoskeletal disorders among the workers, a cabin for disabled people should be provided regardless of the number of sanitary fixtures in the restrooms. A common restroom for men and women may be provided if the number of workers per shift is no more than 15 people. In enterprises where it is possible to employ blind people, restrooms for men and women must be separate. The entrance to the restroom should be through a vestibule with a self-closing door. In men's restrooms, in accordance with departmental standards, it is allowed to use tray urinals with wall-mounted flushes instead of individual ones. If there are disabled workers who use wheelchairs, one of the urinals in the restrooms should be located at a height of no more than 0.4 m from the floor. The distance from workplaces in industrial buildings to restrooms, smoking rooms, rooms for heating or cooling, half-showers, drinking water supply devices should be no more than 75 m, for people with disabilities with musculoskeletal disorders and the blind - no more than 60 m, and from workers places on the enterprise site - no more than 150 m. For washing workwear, manufacturing enterprises or a group of enterprises must provide laundries with dry cleaning departments. In justified cases, the use of city laundries is allowed, provided that special departments (process lines) are installed in them for processing workwear. The composition and area of the premises for laundry, dry cleaning, restoration of impregnation and neutralization of workwear must be established in the technological part of the project, taking into account the sanitary requirements of its processing. To neutralize workwear contaminated with non-volatile substances, it is allowed to use a separate technological line in laundries. The walls and partitions of dressing rooms for work clothes, showers, pre-shower rooms, washrooms, restrooms, rooms for drying, dust removal and neutralization of work clothes must be made to a height of 2 m from materials that can be washed with hot water and detergents. The walls and partitions of these premises above the 2 m mark, as well as the ceilings, must have a waterproof coating. In laundries, premises for the repair of workwear should be provided at the rate of 9 m2 per workplace. The number of jobs should be taken at the rate of one shoe repair job and two clothing repair jobs per 1000 payroll people. In agreement with local councils of trade unions, it is possible to provide a centralized warehouse for workwear and personal protective equipment. Standards for area of premises per person, unit of equipment, estimated number of workers served per unit of equipment in sanitary premises should be taken according to Table 7 “SNiP 2.09.04-87. Administrative and service buildings." As you already understand, the main regulatory document on this issue is “SNiP 2.09.04-87. Administrative and domestic buildings”, which I offer you to download for free SNiP 2.09.04-87. Administrative and domestic buildings. That's all I have. Until new notes!
We create a first aid kit
The requirements for equipping first aid kits with medical products to provide first aid to employees are established by Order of the Ministry of Health and Social Development of Russia dated 03/05/2011 N 169n “On approval of the requirements for equipping first aid kits with medical products to provide first aid to employees” (come into force on 01/01/2012).
According to the Appendix to the said Order, the first aid kit, in particular, should include the following medical products:
- hemostatic tourniquet;
- sterile medical gauze bandage;
- bactericidal adhesive plaster;
- device for artificial respiration;
- medical non-sterile gloves, examination;
- non-sterile medical mask, three-layer;
- isothermal rescue blanket.
A first aid kit for providing first aid to employees must be equipped with medical products registered in the prescribed manner on the territory of the Russian Federation. Upon expiration of the expiration dates of medical products included in the first aid kit, or if they are used, the first aid kit must be replenished.
Coolers, first aid kits, heaters and air conditioners.
MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION LETTER dated 03.10.12 N 03-03-06/2/112
Question: About the possibility, when calculating the tax base for income tax, of organizing the accounting of costs for ensuring normal working conditions, namely: the organization’s costs of completing first aid kits, costs of purchasing clean drinking water, installing coolers, as well as costs of purchasing air conditioners and heaters.
Answer: The Department of Tax and Customs Tariff Policy has reviewed the letter and reports the following on the issue of accounting for the costs of ensuring normal working conditions.
According to Art. 163 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the employer is obliged to provide normal conditions for employees to fulfill production standards. Such conditions, in particular, include working conditions that meet labor protection and production safety requirements.
The concept of working conditions is established by the provisions of Art. 209 Labor Code of the Russian Federation. Thus, working conditions should be understood as a set of factors in the working environment and the labor process that influence the performance and health of the employee.
Based on Art. 22 of the Labor Code of the Russian Federation, the employer’s responsibilities, in particular, include:
— ensure safety and working conditions that comply with state regulatory requirements for labor protection;
— provide for the everyday needs of employees related to the performance of their job duties.
At the same time, clause 18 of the Order of the Ministry of Health and Social Development of Russia dated March 1, 2012 N 181n (hereinafter referred to as Order N 181n) established that one of the measures to improve working conditions and safety and reduce the levels of occupational risks is the acquisition and installation of installations (automatic machines) to provide workers with drinking water. water.
Also, on the basis of clause 15 of Order N 181n, measures to improve working conditions and labor protection include, among other things, the installation of new and reconstruction of existing heating and ventilation systems in industrial and domestic premises, thermal and air curtains, air conditioning units in order to ensure normal thermal conditions and microclimate, air purity in the working and service areas of the premises.
Article 223 of the Labor Code of the Russian Federation provides for the employer’s obligation to provide workers with sanitary, household and medical services. In particular, the creation of sanitary posts with first aid kits stocked with a set of medicines and first aid preparations.
On January 1, 2012, Order of the Ministry of Health and Social Development of Russia dated March 5, 2011 N 169n introduced Requirements for the provision of first aid kits with medical products for providing first aid to workers.
Medical products included in the first aid kit cannot be replaced. First aid kits are supplied in accordance with the Appendix to the Order of the Ministry of Health and Social Development of Russia dated 03/05/2011 N 169n.
According to paragraph 1 of Art. 252 of the Tax Code of the Russian Federation (hereinafter referred to as the Code) for the purposes of Ch. 25 of the Code, the taxpayer reduces the income received by the amount of expenses incurred (except for the expenses specified in Article 270 of the Code).
Expenses are recognized as justified and documented expenses (and in cases provided for in Article 265 of the Code, losses) incurred (incurred) by the taxpayer.
Justified expenses mean economically justified expenses, the assessment of which is expressed in monetary form.
Documented expenses mean expenses confirmed by documents drawn up in accordance with the legislation of the Russian Federation, or documents drawn up in accordance with business customs applied in the foreign state in whose territory the corresponding expenses were made, and (or) documents indirectly confirming expenses incurred (including customs declaration, business trip order, travel documents, report on work performed in accordance with the contract).
Any expenses are recognized as expenses, provided that they are incurred to carry out activities aimed at generating income.
In accordance with paragraphs. 7 clause 1 art. 264 of the Code, other costs associated with production and (or) sales include costs to ensure normal working conditions and safety measures provided for by the legislation of the Russian Federation.
Taking into account the above, the costs of an organization for completing first aid kits, the costs of purchasing clean drinking water, and installing coolers can be included in the costs taken into account when calculating the tax base for corporate income tax, on the basis of Art. 264 of the Code, subject to their compliance with the criteria of Art. 252 of the Code.
Expenses for the purchase of air conditioners and heaters may also reduce taxable income if these items serve to ensure normal working conditions provided for by law and special industry requirements for ensuring normal working conditions and safety measures. Moreover, if purchased air conditioners and heaters are recognized as depreciable property in accordance with Art. Art. 256 - 257 of the Code, their cost is included in the tax base for income tax through the depreciation mechanism.
For answers to the remaining questions set out in the letter, we recommend contacting the Russian Ministry of Health and Social Development.
Deputy Director
Tax Department
and customs tariff policy
R.A. SAHAKYAN
Requirements
In accordance with Article 223 of the Labor Code of the Russian Federation, the employer, for the purpose of sanitary, household and medical provision of workers, must equip the following premises:
- premises for eating;
- premises for medical care;
- rest rooms during working hours and a psychological relaxation room.
The list of labor protection measures also includes:
- Providing drinking water for workers in hot shops.
- Transporting an employee injured at work to a medical facility or home.
- Carrying out preventive measures.
- Placement of first aid kits at the enterprise.
- Ensuring fire safety.
- If the enterprise has involved transport, a necessary labor protection measure is to conduct mandatory pre-trip medical examinations of drivers.
If it is impossible to provide any conditions at the enterprise, employees must be notified of this at the time of employment, and this point must also be indicated in the employment contract.
Equipment of sanitary facilities is the responsibility of the employer!
According to Part 1 of Art. 24 of the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population” (as amended on July 3, 2016) during the operation of industrial, public premises, buildings, structures, equipment and transport, sanitary and anti-epidemic (preventive) measures must be carried out activities and ensure safe working, living and rest conditions for humans in accordance with sanitary rules and other regulatory legal acts of the Russian Federation.
One of the directions of state policy in the field of labor protection is the establishment of a procedure for providing workers with personal and collective protective equipment, as well as sanitary facilities and devices, medical and preventive means at the expense of employers (Article 210 of the Labor Code of the Russian Federation; hereinafter referred to as the Labor Code of the Russian Federation) .
In accordance with labor safety requirements, sanitary services and medical support for workers are assigned to the employer (Articles 212, 223 of the Labor Code of the Russian Federation). For these purposes, the employer, in accordance with established standards, equips sanitary premises, premises for eating, premises for providing medical care, rooms for rest during working hours and psychological relief; first aid stations are organized, equipped with first aid kits; apparatus (devices) are installed to provide workers in hot shops and areas with carbonated salt water, etc.
The composition of auxiliary and household premises is determined already at the stage of construction of an industrial enterprise.
Features of the organization
At the construction site
This type of enterprise involves a number of specific features (high dust levels, work in open areas, toxic fumes) that can affect workers, as well as a high risk of injury. These factors force us to pay special attention to ensuring labor safety and also imply a non-standard arrangement and configuration of premises and complexes necessary for it.
First of all, when equipping a construction site, it is necessary to pay attention to the construction area, the procedure for developing the construction site, the movement schedule of workers, as well as the fact that trainees and students can make up up to 5% of the total number of workers in a shift.
All sanitary facilities must be located at least 50m away. from objects that emit dust, harmful vapors and gases.
The composition of sanitary facilities should include the following premises:
- dressing rooms;
- showers;
- washrooms;
- latrines;
- rooms for rest and heating.
If there are a large number of workers in one shift (more than 25 people), some premises can be combined. In addition, it is necessary to provide shelter in case of precipitation and solar radiation, a place for smoking and rest (0.2 m2 per worker). Do not forget about the need for water supply, sewerage, heating and ventilation.
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- Rules for the provision of such services.