Labor Code Russian Federation obliges the employer to ensure the safety and working conditions that meet the state regulatory requirements for labor protection
1. Articles 209 and 212 of the Labor Code of the Russian Federation establish that one of the duties of an employer is to carry out sanitary household, sanitary-hygienic, treatment-and-prophylactic, rehabilitation and other measures in accordance with the requirements of labor protection. Currently among sanitary requirements to the working conditions of workers, the requirements for the temperature regime and humidity of industrial premises are highlighted, which are established by SanPiN 2.2.4.548962 (hereinafter - SanPiN).
High air temperature is one of the factors that affects the decrease in performance. From the text of SanPiN it follows that in summer time the air temperature in the room should not exceed 25 ° С, and its relative humidity should not be less than 40%. These values provide a sense of thermal comfort within an 8-hour working day (shift), do not cause deviations in the health status of employees, and also create the preconditions for high level their performance and are preferred in the workplace.
Since the employer needs to ensure optimal conditions microclimate in production premises, they must be equipped with heating, ventilation and air conditioning systems. The absence of an air conditioner, fan or their faulty condition will lead to an increase in temperature in the workplaces of employees. In other words, non-compliance with the established requirements will lead to a violation of the law and pose a threat to the health of employees.
Office workers are included in category a. If the air temperature at the workplace is 30 ° С, then the duration of their working day cannot exceed 5 hours, 31 ° С - 3 hours, 32 ° С - 2 hours, and 32.5 ° С - 1 hour.The basis for reducing the working time is the microclimate indicators, which are determined in the manner prescribed by section 7 of SanPiN. The employer needs to create a commission that will measure the temperature in the workplace. Based on the results of the examinations, a protocol is drawn up. In it, the commission reflects the measurements obtained and evaluates them for compliance with regulatory requirements.
If the temperature exceeds allowable values, the employer must reduce the working hours of employees in accordance with the requirements of SanPiN. To do this, he needs to issue an order (with reference to the protocol on measuring the air temperature at workplaces).
Lawyer's comment:
The microclimate of industrial premises is an important condition for normal work, not only well-being and health depends on it, but also the performance of employees, their functional state. SanPiN 2.2.4.548-96 establishes normal microclimate parameters for any industrial premises and workplaces. And in its sections 5 and 6, its optimal and permissible values \ u200b \ u200bare separately specified for different times of the year - the hottest and coldest.SanPiN 2.2.4.54896 "Hygienic requirements for the microclimate of industrial premises" states that 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 workplaces (continuously or in total for a working shift) should be limited.
The specified SanPiN, of course, refers to the state regulatory requirements for labor protection and primarily solves labor protection issues. It talks about limiting the time spent by workers in the workplace when exceeding the maximum permissible temperatures on a working day (shift). However, the term “stay time” is not identical to the term “working hours”.
This SanPiN establishes for the employer the obligation to modify the mode of work and rest of work, as required by article 212 of the Labor Code of the Russian Federation, so that the time spent at a workplace with unfavorable production factors meets hygienic requirements. It seems that this responsibility can be fulfilled different ways(letting workers go home earlier, introduce additional breaks, equip a rest room, move to another workplace etc.).
If the employer does not fulfill this obligation, he simultaneously commits two offenses:
- violation sanitary regulations, since workplaces do not comply with these rules for temperature indicators;
- violation of labor legislation, namely labor protection standards, since employees work in unfavorable conditions.This means that if the employer does not limit the time spent at the workplace at elevated temperatures, does not provide the employee with other work, then it turns out that the time spent at the workplace6 becomes equal to the duration of the daily work / shift7.
Consequently, in this case, indeed, overtime hours arise for workers, since they work on the initiative of the employer outside the established working hours for them.
Thus, workers can be advised to address complaints as to the authorities. Federal Service on supervision in the field of consumer rights protection and human well-being (Rospotrebnadzor), and in labor inspections... The fine established by the Code of Administrative Offenses of the Russian Federation for legal entities for violations of sanitary rules is comparable to the costs of purchasing and installing air conditioners and fans.
Those workers who work in office premises, performing job responsibilities which are characterized by insignificant physical efforts and a sitting position, SanPiN classifies as category Ia. For this category of workers, a comfortable temperature in summer period recognized 23-25оС, and in winter - 22-24оС. In the event that these norms are not met, office workers have the right to demand a reduction in the length of the working day.
So, when the temperature in the office rises to + 29 ° C, the duration of the working day, depending on the category of work performed, should be reduced to 3-6 hours. When the thermometer reaches + 32.5 ° C, the maximum working day is set to 1 hour. In the event that during the cold season the temperature in the office space is below normal and is + 19 ° C, the working day can be reduced by 1 hour. You can work for one hour a day when the temperature at your workplace has dropped to + 13 ° C.
The activity of an enterprise that systematically violates the established sanitary standards may be suspended for up to 90 days.
Employer's responsibility
Security comfortable conditions labor is wholly and entirely the responsibility of the employer. According to Article 163 of the Labor Code of the Russian Federation, he can demand the fulfillment of the hourly production rate only if normal working conditions are created in the production or office premises. In case of violation temperature regime the employer must take immediate action to remedy this violation.You can also protect your rights by filing a complaint with State Inspectorate according to work.
If your employer ignores the requirements established by labor legislation, you must contact the territorial sanitary and epidemiological service. If the violation is confirmed, the company may be fined from 10 to 20 thousand rubles.
Payment for utilities is growing every year, especially in times of crisis for the economy. Unfortunately, nothing of the kind can be said about their quality. When citizens give a significant part of their hard-earned money to ensure comfortable living conditions, utilities tend to show bad faith on all fronts of their work.
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If during self-measurement if you have established that the temperature is lowered, you should inform the Emergency Dispatch Service about it. If the disruption of heat supply is not caused by natural factors (for example, an accident on the heating main), the dispatcher calls the emergency brigade to the house, which constitutes the official measurement report.
The measurement must be carried out by a registered device with all the necessary technical documents. The act specifies the following information:
- date of its compilation,
- apartment characteristics,
- composition of the commission,
- device data,
- temperature values,
- signatures of all members of the commission.
The act is drawn up in two copies, one of which remains with the owner of the apartment, and the other - with the housing and communal services employees who are measuring.
Air exchange rate
Air temperature is not the only parameter that directly affects the comfort and safety of people living in the house. Air exchange is important for the body: the presence fresh air, ventilation of residential and non-residential premises.
This parameter is also adjustable regulatory documents SanPiN. So, the required rate of air exchange rate for a dwelling with an area of 18 m² is 3 m³ / h per one square meter, for the kitchen - three times more.
The air exchange rate is a characteristic determined by the ratio of air removed or supplied from a room per hour to the volume of this room.
How to measure the coolant?
Heat carrier in the system central heating is an hot water flowing from the tap.
You can measure its temperature in various ways, but the simplest is thermometer measurement of tap water temperature poured into a glass.
It is also possible to measure the temperature of the pipes. The value of this parameter should be equal to 50-70 ° С.
Responsibility of utilities for violation of the temperature standard
If the temperature in the room is below normal in winter, what should I do?
By law, citizens have the right to demand reduction of heat bills by 0.15% for each hour of non-compliance by utilities with your temperature standard. Having carried out simple calculations, it can be established that for 4 weeks of providing the service of low-quality heating of the house, the payment for it is reduced by more than 90%. Of course, utilities will not voluntarily agree to such a recalculation, and therefore we must go to court.
Application for recalculation of heating bills in Management company can be downloaded.
History knows examples when citizens managed to defend their rights. So, in 2014, a resident of the Perm Territory collected 136 thousand rubles from utilities for non-compliance by utilities with their obligations to provide her home with heat.
Temperature norms in the apartment. Watching the video:
Warm days come and the hotter it gets outside, the more difficult it is to be in the workplace. Of course, if the employer takes care of his subordinates and an air conditioner is installed in the office, and the ventilation is working properly, then no heat will interfere with the work process. In this case, employees, on the contrary, rush to the workplace to hide from a sultry summer day. But what if there is no air conditioner, and ventilation works out of the ordinary? Opening windows doesn't help as warm air from the street only warms up the room. Only a draft can be salvation from the heat, but if it saves from the heat, then it certainly will not save you from a cold ...
Being in stuffy office the question immediately arises, but what temperature standards should be in the workplace and where are these norms spelled out? SanPiN (Sanitary Rules and Norms) regulates the temperature standards in the working room, and the sanitary rules and norms specified in the document apply to the microclimate indicators at workplaces of all types of industrial premises and are mandatory for all enterprises and organizations. Thus, for violation of the current sanitary rules, including violation of the temperature regime in the workplace at entity a fine from 10 to 20 thousand rubles can be imposed. or suspended activity for up to 90 days (Article 6.3 of the Administrative Code of the Russian Federation).
Workplace temperature standards
For office workers, who mainly work sitting and are characterized by low physical stress (category Ia), the air temperature in the room should be in the range of 22.2-26.4 ° C.
With an increase or decrease in the temperature at the workplace, the working day should be shortened, as shown in the tables.
Time spent at workplaces at air temperatures above permissible values
| Time of stay, no more for categories of work, h | |
| 32,5 | 1 |
| 32,0 | 2 |
| 31,5 | 2,5 |
| 31,0 | 3 |
| 30,5 | 4 |
| 30,0 | 5 |
| 29,5 | 5,5 |
| 29,0 | 6 |
| 28,5 | 7 |
| 28,0 | 8 |
| 27,5 | — |
| 27,0 | — |
| 26,5 | — |
| 26,0 | — |
Time spent at workplaces at air temperatures below permissible values
| Workplace air temperature, ° С | Time of stay, no more, for categories of work, h |
| 6 | — |
| 7 | — |
| 8 | — |
| 9 | — |
| 10 | — |
| 11 | — |
| 12 | — |
| 13 | 1 |
| 14 | 2 |
| 15 | 3 |
| 16 | 4 |
| 17 | 5 |
| 18 | 6 |
| 19 | 7 |
| 20 | 8 |
Where to complain if the workplace is hot or cold
Special government body, which is engaged in temperature control in industrial premises (including in offices) - no. Nevertheless, it is possible to find justice for an irresponsible employer. It is best to contact the State Labor Inspectorate of Moscow with complaints about non-compliance with the temperature regime, they will either deal with this issue themselves, or advise where to turn to next.
One of the main tasks of the employer can be considered to provide a favorable microclimate in the workplace.
However, many employers do not comply with temperature requirements, thereby violating legal regulations.
What should be the temperature in the room according to the Labor Code of the Russian Federation?
Navigating the article
Is the employer obligated to monitor the indoor temperature?
On this question Article 212 can give an answer, according to which the employer will be brought to administrative responsibility for the sanitary work not carried out on time.
The list of these measures also includes compliance with the temperature regime established by the Sanitary Norms and Rules (SanPiN), since it is too low or vice versa heat can lead to a decrease in the energy level and, as a result, its performance.
Accordingly, if the employer evades this obligation, he is breaking the law and must be punished.
We can say that the employer is obliged to monitor the temperature during the entire working period.
Temperature regimes at different times of the year
The temperature in the room in summer according to the Labor Code should not be higher:
- 28 degrees Celsius for 8 hours of operation.
- 30 degrees Celsius for 5 hours of operation.
- 31 degrees Celsius for 3 hours of operation.
- 32 degrees Celsius for 2 hours of operation.
- 32.5 degrees Celsius for 1 hour of operation.
Working at temperatures exceeding 32.5 degrees is considered dangerous. The employer has a few ways to avoid the heat, namely: to install special equipment (air conditioners, fans) in the work premises or to reduce the number of working hours by a special order.
Indoor temperature in winter time according to the Labor Code, it should not fall below 20 degrees Celsius. If it does not meet the standards, the employer must install a heater in the work area or reduce the number of working hours. The Labor Code establishes the following temporary norms for low temperatures:
- no more than 7 hours of operation at 19 degrees Celsius.
- no more than 6 hours of operation at 18 degrees Celsius.
- no more than 5 hours of operation at 17 degrees Celsius.
- no more than 4 hours of operation at 16 degrees Celsius.
- no more than 3 hours of operation at 15 degrees Celsius.
- no more than 2 hours of operation at 14 degrees Celsius.
- no more than 1 hour of work at 13 degrees Celsius.
Labor regulations have established that working in temperatures below 13 degrees Celsius is dangerous.
Summarizing the above data, we can say that the temperature in the room in the summer should not exceed 28 degrees Celsius, and in winter period should not fall below 20 degrees Celsius.
What should an employee do if the employer does not comply with the temperature regime?
Salaried workers often face employer negligence. What to do in this case? There are several options:
- ask the employer to normalize the temperature using technology (air conditioner, heater)
- demand reduction of hours of work in accordance with the norms
- file a complaint with Rospotrebnadzor
- seek help from the labor inspectorate
With the latter two options, a special check will be carried out at the place of work, during which it will be established whether an offense has been committed.
As a result, we can say that the employee has several legal methods of influencing.
What punishment is imposed on the employer for non-observance of the temperature regime?
In accordance with the Code of Administrative Offenses, an employer who violates sanitary standards will be fined up to 20 thousand rubles, or his activities will be suspended for a certain period.