SanPiN protects the health of employees
The sanitary standards of the Russian Federation are collected in a special code, which defines optimal hygienic and health standards for various areas of human activity, including employment.
This is documentation related to the medical and technical fields, and at the same time legislative, and therefore mandatory. The abbreviation “SanPiN” stands for Sanitary Rules and Norms,” it is somewhat consonant with SNIPs - building codes and regulations, but they should not be confused, these are documents from different working areas.
REFERENCE! The document regulating optimal conditions in the workplace is called SanPiN 2.2.4.548-96 “Hygienic requirements for the microclimate of industrial premises.” It provides labor protection regulations for office employees (in the text of the law they are classified as category A for labor costs) and production workers. These rules and regulations were adopted within the framework of Federal Law No. 52 “On the sanitary and epidemiological welfare of the population” of March 30, 1999.
The obligation for employers to comply with SanPiN requirements is supported by Art. 209 and Art. 212 of the Labor Code of the Russian Federation, which speaks of responsibility in the strict observance by employers of labor protection rules and timely measures of sanitary, household, hygienic, treatment and prophylactic, rehabilitation and other nature. Art. 163 of the Labor Code of the Russian Federation prescribes a set of measures for employers to ensure an optimal working microclimate.
What requirements are established by SanPiN?
According to Art. 21 of the Labor Code of the Russian Federation, employers are obliged to create the most comfortable conditions in the workplace for their subordinates. First of all, special attention is paid to the safety of people. Also, considerable attention is paid to the microclimate. The fact is that spending most of the time in a stuffy room, a person can acquire many diseases that will become chronic over time. Thus, legislation requires maintaining a certain temperature, humidity and other parameters in production and in the office.
Article 21 of the Labor Code of the Russian Federation
“Basic rights and responsibilities of an employee”
Standard indicators are established taking into account the nature of the employees’ work. So, if workers are constantly moving, then their places are heated less. The situation is different with sedentary activity.
According to SanPiN, the established temperature regime at the place of performance of official duties in the summer should correspond to 23-25 degrees with a humidity of no higher than 60 and no lower than 40 percent. Warming up of surfaces should not go beyond the range of 22-26 degrees, the air flow speed should not exceed 0.1-0.3 m/s.
In winter, classrooms must be heated to 22-24 degrees. The remaining indicators correspond to the above figures. The optimal temperature is considered to be 21-25 degrees Celsius.
Next, you should refer to the table containing summary information about the standard temperature conditions in the workplace:
Degree of staff activity | Warm w/g, °C | Cold w/g, °C |
Minimum | 22-25 | 21-24 |
Slight (walking) | 20-22 | 19-21 |
High | 19-21 | 17-19 |
Constant | 18-20 | 16-18 |
Optimal temperature conditions in accordance with SanPiN
SanPiN for 2021 determines the temperature in the workplace taking into account the warm and cold seasons. The temperature of surfaces (walls, floors, ceilings, enclosing screens, etc.) is also taken into account:
Period of the year | Category of work | Optimal air temperature, °C | Optimal surface temperature, °C |
Warm (average daily air temperature outside is above +10 °C) | Ia | 23-25 | 22-26 |
Ib | 22-24 | 21-25 | |
IIa | 20-22 | 19-23 | |
IIb | 19-21 | 18-22 | |
III | 18-20 | 17-21 | |
Cold (outside air temperature +10 °C and below) | Ia | 22-24 | 21-25 |
Ib | 21-23 | 20-24 | |
IIa | 19-21 | 18-22 | |
IIb | 17-19 | 16-20 | |
III | 16-18 | 15-19 |
As can be seen from the table, the temperature standards in the workplace in winter are several degrees lower than for the warm season. In this case, the following temperature differences are allowed:
- in height (from the floor level 0.1; 1.0; 1.5 m) – no more than 3°C;
- horizontally and during the shift:
for work categories Ia and Ib - 4°C,
- for categories IIa and IIb - 5°C,
- for category III - 6°C.
During a work shift, employees of a manufacturing enterprise may periodically be in rooms where the temperature is higher or lower than the regulated norm. In this case, employers must again be guided by the requirements of SanPiN 2.2.4.548-96, which regulate the time spent at work if the temperature in the workplace is below the permissible value or exceeds it by several degrees.
Temperature conditions in the workplace - legal regulation
Article 212 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) provides for the obligation of employers to provide workers with normal and safe working conditions.
Such conditions include a favorable microclimate in the workplace, which is also characterized by the air temperature in the room. Both the health status of employees and the efficiency and productivity of their work depend on temperature indicators.
Working in hot weather is not directly regulated by the Labor Code of the Russian Federation. Excessive air temperatures in the workplace are also not mentioned among harmful or special working conditions. However, the Ministry of Health of the Russian Federation has developed SanPiN 2.2.4.3359-16 “Sanitary and epidemiological requirements for physical factors in the workplace” (hereinafter referred to as SanPiN), approved by Resolution of the Chief State Sanitary Inspector of the Russian Federation dated June 21, 2016 No. 81.
Note! SanPiN data regulate the maximum temperature in offices, workshops and other premises. They are mandatory for compliance by all employers - both organizations and individual entrepreneurs using the labor of employees (clause 1.2).
Important! The employer is obliged to monitor the temperature in the workplace on a daily basis in accordance with SanPiN. If there are complaints from workers about the heat, measurements should be made 3 times per shift (clause 2.3.1).
What you need to know
Speaking about temperature standards in the workplace and measures to optimize personnel work in winter and summer, we remember about the Resolution of the Chief Sanitary Doctor of Russia dated June 21, 2016 No. 81 “On approval of SanPiN 2.2.4.3359-16 Sanitary and epidemiological requirements for physical factors in the workplace” ( together with SanPiN 2.2.4.3359-16 Sanitary and epidemiological rules and regulations...). This resolution was registered with the Ministry of Justice on August 8, 2016 under No. 43153 and has the status of a valid regulatory document that is binding.
The inevitability of the resolution 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 states 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 failure to comply with sanitary requirements, including refusal to change working conditions if the air temperature in the workplace does not correspond to optimal indicators, is grounds for imposing a fine under Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation - up to 80,000 rubles.
Next, let's take a closer look at the sanitary requirements and tell you how to navigate the temperature and what to do in each case.
What you need to know about SanPiN standards
What will be the temperature standards in the SanPiN workplace in 2020? The new requirements are given in SanPiN 2.2.4.3359-16; it is this regulatory act that employers should primarily focus on. It replaced some previously existing regulatory documents. At the same time, SanPiN 2.2.4.548-96 continues to be in force today, since the norms contained in it do not contradict the requirements of SanPiN 2.2.4.3359-16.
Temperature standards at the workplace in production premises must be observed by all business entities and government agencies. But at the same time, the standards do not apply to the working conditions of certain professions (cosmonauts, divers, when performing emergency rescue operations, etc.).
The resolution approving SanPiN 2.2.4.3359-16 was registered with the Ministry of Justice of the Russian Federation on 08.08.2016 (No. 43153). The conditions specified in it are mandatory for legal entities and individual entrepreneurs, and the temperature in the workplace in 2021 must strictly comply with the regulated values.
How it works
SanPiN 2.2.4.3359-16 does not apply to divers and cosmonauts, to the conditions for performing emergency 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 imposes requirements for workplaces. SanPiN does not explain what workplaces are, but paragraph 2.1.2 states that hygienic requirements for microclimate indicators are established for workplaces in production premises. This means that formally SanPiN regulate at what temperature indoors you cannot work, and those who have to work outdoors, for example, road workers, the rules do not apply (they do, of course, but what to do if it’s written like that).
Now about the production environment and microclimate.
There are five microclimate indicators:
- air temperature;
- surface temperature;
- relative humidity;
- air (wind) speed;
- intensity of thermal radiation.
Together, they provide a comfortable environment in which working conditions are optimal.
What is not included in these indicators, but is taken into account by SanPiN, is the clothing in which a person works. It is hot to work in cloth, and sometimes uncomfortable overalls discourage workers from working. Let's look at the special rules. For a unit of SanPiN clothing, they charge a set of items with thermal insulation of 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 unit of measurement for the insulation properties of clothing. To immediately avoid questions like “how much CLO is in regular jeans or a T-shirt,” let’s say that this is a relative value. 1 CLO is the amount of clothing you need to feel comfortable. Let's give this example: the temperature in the workroom for knowledge workers should be within +25 ° C so that a person who is just sitting at a computer feels comfortable. But if he gets up and swings a sledgehammer 30 times, then the temperature will seem comfortable up to +10. What is important to understand here is that clothes retain heat, but do not produce it. If clothing is heated, it will also warm the worker (if it is not special clothing). If the worker himself is heated, then his clothes retain heat and cause overheating of the worker himself. CLO does not affect the physical performance of the workplace, but it does affect the person and therefore must be taken into account.
How should the temperature be measured?
Since labor time depends on the temperature of 1 degree, when taking measurements you must be guided by strictly established rules. Any error can lead to violation of sanitary standards and illness of employees. If the employer performs his duties in bad faith, there is often a deliberate change in the measurement results. Errors also occur when using inaccurate instruments or placing them incorrectly.
In order to carry out measurements correctly, you must follow the requirements specified in the legislation. The standards establish the need to place equipment at a distance of a meter from the floor.
What should the air temperature be when working in office and other premises?
What should be the temperature in the workroom?
In accordance with SanPiN, the optimal temperature in the room where workers work in the warm season should be from 18 to 25 degrees (clause 2.2.5 of SanPiN). Temperatures above 25 and up to 28 degrees are acceptable.
Important! Exceeding 28 degrees is considered excessive and harmful to health.
If it is determined that the permissible air temperature in the workplace is exceeded, the employer is obliged to take a number of measures to minimize harm to the health of employees. The list of such measures is published annually by Rospotrebnadzor and the Ministry of Labor of the Russian Federation on official websites.
Among them:
- installation of air conditioners and fans;
- providing workers with cool drinking water;
- introduction of additional work breaks;
- redistribution or shift of working hours to early morning and/or late evening hours in agreement with employees;
- availability of a first aid kit to provide first aid in case of overheating or heat stroke;
- reduction of working hours;
- provision of short-term annual paid leaves outside the schedule (by agreement between the employer and employee).
The importance of office climate
Temperature conditions greatly influence the well-being and performance of people. Increased or decreased air temperature, which affects an employee for a long time, not only has a negative impact on health, but also sharply reduces labor productivity. Office employees perform a wide variety of activities, most of which involve spending a long time in the same position, usually sitting and sedentary:
- work at a computer;
- draw up paperwork;
- communicate with clients;
- make decisions, etc.
Mental work and physical inactivity do not go well with an uncomfortable room temperature. Researchers have experimentally found that deviations even within one degree have such a strong impact on the efficiency of office work that it makes sense to even shorten the working day if it is impossible to provide the proper microclimate.
IMPORTANT! Ensuring proper temperature conditions in the office is a legal obligation of the employer, regardless of the form of ownership and level of subordination of the organization.
Temperature standards in the workplace
Average optimal temperature conditions depend on operating conditions and time of year. The less energy is consumed during work, the higher this indicator should be:
- for office workers: in the warm season - 23–25 °C, in the cold season - 22–24 °C;
- for workers with light physical activity: in summer - 22–24 °C, in winter - 21–23 °C;
- for persons whose work involves walking and light physical activity: in summer - 20–22 °C, in winter - 19–21 °C;
- for employees whose work requires increased physical activity: in summer - 19–21 °C, in winter - 17–19 °C;
- for workers with high physical activity: in summer - 18–20 °C, in winter - 16–18 °C.
Permissible air temperature in the workplace
SanPiN 2.2.4.548-96 standards provide for small deviations from the optimal temperature in the workplace. Changes in these values up to 4–6 °C are possible.
If working conditions suggest a deviation from the optimal values and permissible temperature standards in the workplace, employees have legal grounds to reduce their working hours. The higher the deviation level, the shorter the working day. For example, at a workplace temperature of about 13 °C, the permissible work duration for office employees is no more than an hour.
Rospotrebnadzor spoke about how to reduce the length of the working day in the heat.
Seasonal requirements for office temperature
In cold and warm seasons, ensuring optimal temperature is achieved in different ways. Accordingly, the requirements for the microclimate will differ, as well as the measures provided for by SanPiN in the event of the impossibility of ensuring the temperature regime or its serious violations.
So that it doesn't get too hot
Prolonged exposure to elevated temperatures is particularly detrimental to the performance and health of workers. In a closed work space, it can be aggravated by large crowds of people, the presence of working office equipment, and compliance with a special dress code.
In this regard, the optimal temperature values and the permissible maximum during the hot period of the year are legally established. For office workers they are 23-25°C with a relative humidity of 40-60%. Temperature increases up to 28°C are allowed.
Exceeding summer temperatures in the office
If the thermometer inside the office deviates from the optimum by more than 2°C, it becomes much more difficult to work. The employer will have to supply air conditioning for employees and ensure its normal operation and timely maintenance.
If for some reason this is not done, the employee should not meekly endure the sweltering heat, while also trying to meet professional requirements. Sanitary standards allow workers to rightfully shorten the standard eight-hour working day, for which the temperature requirements are designed:
- 29°C allows you to work 6 hours instead of 8;
- 30°C allows for a two-hour contraction;
- each subsequent degree exceeding the norm reduces the working time requirements by another 1 hour;
- if the thermometer reaches 32.5°C, you don’t have to stay at work for more than 1 hour.
FOR YOUR INFORMATION! Many employees note the negative impact of air conditioning, comparable in harm to heat and stuffiness. The same requirements of SanPiN, along with temperature and humidity, limit the speed of air movement in the room, which should not go beyond the range of 0.1-0.3 m/s. It follows that the employee should not be under the blowing air conditioner.
Cold is the enemy of work
In a room that is too cold, no work is possible, especially office work, when the body cannot warm itself with movement. If for some categories of production workers a drop in ambient temperature to 15°C is acceptable, and even then short-term, for white-collar workers this is unacceptable.
During the cold period of the year, a comfortable temperature value should be maintained indoors - 22-24°C. Fluctuations in the norm of up to 1-2°C are acceptable, and for a short time during the working day the thermometer column can “jump” by 3-4°C.
Professions by job category
Ia | Mostly sitting work: personnel, accounting, seamstresses, watchmakers, typesetters, proofreaders, etc. |
Ib | Work performed both sitting and moving: librarians, various types of controllers, including in transport, etc. |
IIa | Work that involves constant walking: pizza delivery people, couriers (the weight of the delivered cargo does not exceed a couple of kilograms), etc. |
IIb | Work related to moving weights up to 10 kilograms: loaders, mechanics, etc. |
III | Work associated with moving weights over 10 kilograms or requiring constant physical effort: foundry workers, etc. |
Knowing which energy consumption category your professional activity falls into, you can easily determine the optimal values for your microclimate.
But what to do if these values deviate greatly from normal values? For this purpose, there are special tables that establish work rules if the temperature standard in the workplace does not correspond to optimal values.
Working hours in the office depending on air temperature
Working outdoors in hot weather
Organizing normal working conditions in the heat outdoors is much more difficult than indoors.
Note! This issue is not regulated either by the norms of the Labor Code of the Russian Federation or by the above-mentioned SanPiN. However, Rospotrebnadzor of the Russian Federation annually publishes recommendations on organizing work in hot summer conditions (see, for example, “Recommendations of Rospotrebnadzor for those working in conditions of elevated air temperatures” dated 08/06/2021). These recommendations must be followed by all employers organizing work outdoors at elevated temperatures.
At air temperatures of 32.5 degrees and above, work should be organized with regular breaks in cool rooms (24-25 degrees) for 10-12 minutes every 15-20 minutes. The total duration of work in hot weather should not be more than 4-5 hours with special protective clothing and 1-1.5 hours without it.
Important! If the temperature is close to 37 degrees, then it is not recommended to work outdoors.
When working outdoors during hot periods, drinking regime must be maintained. Workers should be given the opportunity to drink cool water, tea, and other drinks often and little by little (about 1 cup every 20 minutes). It is also recommended to drink alkaline mineral water, fermented milk drinks, and juices to replenish the loss of salts and trace elements.
Note! Pregnant women, people over 40 and under 25 years old should not be allowed to work in hot weather.
Risk! For violation of the rules and standards of safe working conditions, the employer bears administrative liability under Art. 6.3 of the Code of Administrative Offenses of the Russian Federation in the form of a fine of up to 20,000 rubles or administrative suspension of activities for up to 90 days.
Shortening the working day if the temperature in the workplace is too high
In accordance with the norms of SanPiN, depending on how much the temperature regime in the premises is exceeded, the duration of the working day should be reduced by 1, 2, 3 or more hours (Appendix 3).
We recommend. When reducing the working day, the physical activity of workers should also be taken into account. Thus, for office employees who move little and occupy a mostly sitting position, the maximum air temperature in the room according to SaNPiN will be different than, for example, the maximum permissible temperature when working in a workshop for an employee carrying heavy loads.
The table below shows what the maximum duration of a working day can be, depending on the air temperature and the activity of employees.
The time for which the working day is shortened is paid in accordance with Part 2 of Art. 157 of the Labor Code of the Russian Federation (as downtime for reasons beyond the control of the employer and employee).
How does the length of the working day change if the room is cold?
This problem is especially relevant for office workers. Their sedentary nature of activity does not allow them to warm up in a cold room. Because of this, employee productivity decreases. A decrease in temperature to 15 degrees is allowed only if a person performs tasks related to physical activity. As noted earlier, the optimal mode that meets the requirements of established standards is to warm up offices to 21-24°C. In this case, the maximum permissible deviations should not exceed 2°C. If the temperature difference is short-term, then a jump range of 4°C is allowed.
The duration of performance of official duties in this case will be as follows:
- 19°C – seven-hour working day;
- 18°C – 6 hours and so on;
- at a temperature of 13°C, office workers can perform their duties for only 1 hour (if the activity is sedentary).
What should be the temperature in work areas in winter and summer?
The temperature in the room where employees work varies depending on the time of year and the presence/absence of a heating season in the region. The technical characteristics of the room, the presence/absence of climate control equipment do not affect the need to comply with sanitary standards; everyone is required to comply with the temperature regime established by law. Just like the temperature in an apartment, the required thermometer readings in an office space can be regulated using central heating with radiators, as well as mobile air heaters, infrared and oil electric heaters, and air conditioners for domestic and semi-industrial purposes.
The management of the enterprise cannot justify violation of the temperature regime in the office by the fact that the costs of heating and air conditioning are very high. Moreover, it is unacceptable to install devices and equipment in offices that lead to significant deviations from established standards (for example, even a running powerful computer can increase the temperature in the room by 0.5 degrees). Malfunctions of climate control equipment (heaters, air conditioners) that ensure compliance with the regime must be eliminated on the day they occur, otherwise the employer is obliged to change the work schedule in accordance with SanPiN.
The permissible indoor temperature standards at the workplace for the warm and cold seasons are as follows:
- summer - 23-25°C;
- winter - 22-24°C.
Relative air humidity should not exceed 60%. Temperature standards may deviate slightly from the established ones within 1-2 degrees Celsius. The possible range of fluctuations during the working day is 3-4 degrees (for example, if it is necessary to ventilate the room in winter).
For comparison, the temperature in an apartment, according to SanPiN, during the cold season is allowed within 18-26 ° C, and the coolant supplier and the management company that controls the functioning of central heating systems are responsible for maintaining comfortable conditions in apartment buildings. But in the summer, everything is different: a production workshop and office space are not an apartment; in the warm season, owners or tenants themselves take care of maintaining comfort there. Residents of apartment buildings do not have the right to demand that management companies install air conditioners, because it is not their responsibility. But the central office or remote site has the right to demand that the manager comply with the established temperature regime and, for this purpose, equip the premises with climate control equipment.
Read also: Drawing up an act on non-residence of a person in an apartment: sample design
What does GIT say about this?
GIT specialists, commenting on the temperature at which the working day is shortened in the summer in the office, explain: if there is not enough money to create comfortable conditions (purchase of the same fans and heaters), it is permissible to introduce downtime for reasons beyond the control of both the employer and the employee.
Another option is for the administration to transfer employees to work from home during abnormal temperatures, extend their rest and meal breaks, or completely change the staff’s work schedule. True, for such forced innovations as shortening the working day at high temperatures or downtime, the employer will have to enter into additional agreements to the employment contracts. The editors of Clubtk.ru believe that it is more convenient to introduce these provisions into the PVTR and, when certain circumstances occur, simply issue an order.
As for working in the cold, there are certain general rules. Thus, in accordance with 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 working hours. Rostrud reminds that only those citizens who do not have any medical contraindications for working in the cold are allowed to work in the cold. And employees are required to be provided with weather-appropriate personal protective equipment.
Speaking about special breaks for heating, officials remind that their number and duration are established by acts of the employer, and they 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 a temperature of 21 - 25 degrees in heating areas, installing special equipment that maintains a temperature of 35 - 40 degrees to warm hands and feet.
Rostrud reminds that the employer is obliged to provide subordinates with normal working conditions and is liable, even criminally, for inaction and causing harm to the health of the employee. To avoid this, officials propose to study and begin to implement the methodological recommendations of the Chief State Sanitary Doctor “Work and rest regimes for workers in cold weather in open areas or in unheated premises” (MP 2.2.7.2129-06).
What to do if the temperature conditions in the office do not match?
If the air temperature in office premises for some reason does not correspond to the standards established by law, then the employer, if it is impossible to correct the situation within a few hours, must take the following measures:
- shortening the working day in accordance with the thermometer readings;
- transfer of employees to another office/room with more comfortable conditions;
- release from work or transfer to remote (home) mode.
A reduction in the working day in winter by one hour is indicated when the temperature drops to 19°C, i.e. When temperatures are below 20°C, employees have the right to go home earlier. Further, the reduction in the duration of the working day occurs in the proportion of 1 degree - 1 hour: at 18°C - up to 6 hours, at 17°C - up to 5 hours, and so on. If the air temperature in the office drops to 13°C, then working in such conditions is very difficult and going to work will be impractical. Therefore, it is better for management to let employees go or take measures to ensure comfort for work.
Similar to a decrease in thermometer readings, increased air temperature in the office in the summer also implies a reduction in the working day in a similar ratio. If the thermometer shows a temperature above 29°C, then the principle of shortening the working day is appropriate: at 30°C - by 2 hours, 31°C - by 3 hours, and so on. After the thermometer reaches 33°C, it makes no sense to go to work, because... Because of the heat, working in such conditions is almost impossible and even dangerous for humans. Employee productivity can be extremely low.
Threats, blackmail or pressure from an employer when he forces subordinates to work in inappropriate conditions is unacceptable. But in practice, a situation often occurs when a manager forces people to go to work and endure cold or heat. The temperature standards established by SanPiN are extremely important, so you need to know at what temperature employees are allowed to leave work.
What should an employee do if the employer does not comply with the temperature regime?
Salaried workers often face negligence from their employers. What to do in this case? There are several options:
- ask the employer to normalize the temperature using equipment (air conditioning, heater)
- demand a reduction in hours of work in accordance with regulations
- file a complaint with Rospotrebnadzor
- contact the labor inspectorate for help
In the last two options, a special inspection will be carried out at the place of work, during which it will be determined whether an offense has been committed.
As a result, we can say that the employee has several legal methods of influencing the employer.
How to protect your rights in case of violation in the workplace?
An employee must independently take certain actions if he understands that the microclimate established in the room where he has to spend most of the day may adversely affect his well-being or health.
The first way out of the situation is to temporarily leave responsibilities. To do this, an official application is prepared addressed to the manager. The text must include information that following the job description may lead to a risk of loss of health. In addition, it is recommended to refer to Art. 379 of the Labor Code of the Russian Federation, indicating the legality of these actions. This method of conveying your position to your superiors is rarely used in practice.
Article 379 of the Labor Code of the Russian Federation – Forms of self-defense
For the purpose of self-defense of labor rights, an employee, having notified the employer or his immediate supervisor or other representative of the employer in writing, may refuse to perform work not provided for in the employment contract, as well as refuse to perform work that directly threatens his life and health, except in cases provided for by this Code and other federal laws. During the period of refusal of the specified work, the employee retains all rights provided for by labor legislation and other acts containing labor law norms. For the purpose of self-defense of labor rights, an employee has the right to refuse to perform work also in other cases provided for by this Code or other federal laws.
The second method is to gradually convey relevant information about the indoor microclimate to the organization's managers. It is used almost always. For this:
- An appeal is drawn up addressed to higher authorities with a demand to take measures to eliminate violations associated with heating of the premises and humidity in them. For this, various options are offered, including the purchase and installation of special equipment (air conditioner, humidifier, etc.).
- If the situation does not change, the citizen must declare his right to a shortened working day. In this case, you must refer to . It is worth noting that employers can simply circumvent the requirement by reducing the time a person is on site (increasing the number of breaks).
- If the above methods do not work, then the only option is to file a complaint against the organization with Rospotrebnadzor and the labor inspectorate. The latter structures check the fact of the application and confirm or deny the presence of violations. This is an extreme, but quite effective measure.
The employer is interested in the productive work of his subordinates and does not deliberately worsen working conditions. Therefore, the problem, as a rule, is resolved at the stage of the employee’s personal appeal to his superiors.
Employer's liability for failure to comply with office microclimate requirements
If management does not want to fulfill its responsibilities to provide staff with optimal working conditions, for example, does not install the necessary air conditioning in hot weather or a heater in the cold season, employees should not tolerate their arbitrariness for fear of dismissal. After contacting the sanitary and epidemiological service, the organization will be subject to an inspection, and if the claims are confirmed, administrative liability cannot be avoided.
In addition to the inevitable requirements to eliminate violations, a negligent employer will be issued a serious fine in the amount of 10-12 thousand rubles. And if he does not correct himself in time, then his activities may be stopped for 3 months (Article 6.3 of the Code of Administrative Offenses of the Russian Federation).
Protecting the interests of employees
When the room is very cold, the human body reacts to these conditions in different ways: it gets rid of excess fluid (forcing frequent trips to the toilet), causing the body to shiver (an instinctive reaction to keep warm). For mental workers who spend many hours in a sitting position, low temperatures are very harmful, because... can cause hypothermia, decreased immunity and colds. And just sitting in outerwear at your desk is very uncomfortable; it distracts you from solving current problems.
High temperatures combined with stuffy indoor air can cause fainting, dizziness and even heatstroke. Mental activity also decreases during the heat, which is important for managers to remember.
Microclimate requirements
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Read also: State Housing Supervision Inspectorate and its powers
If the boss insists on maintaining the working hours or openly blackmails employees (“Either work full time or quit”), then this is a reason for a complaint to higher authorities. Such actions by management are qualified as a violation (Labor Code, Art. 163). You can file a complaint with the trade union or the sanitary and epidemiological service of the Russian Federation. If violations are discovered during the inspection, the company will receive a fine in the amount of 10 to 200 thousand rubles. In case of gross non-compliance, a complete cessation of the organization’s activities for up to 3 months is possible.
Article 163 of the Labor Code of the Russian Federation
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Date of: | 29.05.2017 |
Results
Ensuring the required temperature level at employee workplaces is the responsibility of the employer. The rights of workers to comfortable working conditions, including maintaining the proper level of temperature in the workplace, are established by the provisions of the Labor Code of the Russian Federation.
To avoid conflict situations, employers are recommended to equip workplaces with air conditioning or heating. Failure to comply with these conditions may result in fines or suspension of the entity's activities.
Sources
- https://assistentus.ru/trudovoe-pravo/normy-temperatury-v-ofise/
- https://lawinfo24.ru/trudovoe-pravo/trudovye-otnosheniya/normy-temperatury-na-rabochem-meste
- https://VyborPrava.com/trud/rabotodatel/temperatura-v-pomeshhenii-po-trudovomu-kodeksu.html
- https://rusjurist.ru/kadry/pri-kakoj-temperature-nelzya-rabotat-v-pomeshenii-soglasno-normam-sanpin/
- https://clubtk.ru/zhara-ili-kholod-kogda-pora-sokrashchat-rabochiy-den
- https://nalog-nalog.ru/ohrana_truda/kakaya_temperatura_dopustima_na_rabochem_meste_normy/
At what temperature can you demand shorter working hours or no work at all?
If the temperature in the workplace drops one degree below normal, the employee has the right to demand that his working time be reduced by an hour.
When the room temperature is +12 °C, employees belonging to category 1a have the right not to work, 1b - to work no more than an hour, 2a - no more than three hours, 2b - no more than five hours, employees of category 3 - no more than seven hours.
When the room temperature is +11°C and below, employees of categories 1a and 1b have the right not to work, employees of category 2a - to work no more than two hours, 2b - no more than four hours, category 3 - no more than six hours.
If the room is +9 °C, employees belonging to categories 1a, 1b and 2a can refuse to work. Workers in category 2b can work no more than two hours, category 3 - no more than four. At temperatures of +7 and +6, only people belonging to category 3 work: they can spend no more than two hours in the room.
If an employee who has the right not to work due to the company’s failure to comply with the temperature conditions specified in SanPiN does not go to work due to violation of temperature standards, the employer does not have the right to deprive him of wages or consider his actions to be absenteeism. As follows from Article 157 of the Labor Code of the Russian Federation, downtime due to the fault of the employer is paid in the amount of at least two-thirds of the employee’s average salary.