Harmful working conditions subclass 3.2. The difference between a special assessment of working conditions and the procedure for certification of workplaces. Aeroion composition of air

According to the Law “On Special Assessment of Working Conditions”, all employers must conduct a special assessment of working conditions. This rule replaced the previously existing certification of workplaces.

This labor assessment mechanism makes the assignment of an early retirement pension for old age for work with difficult and harmful working conditions directly dependent on the actual working conditions in the workplace.

Payment of insurance premiums for compulsory pension insurance at additional rates for workers engaged in professions with harmful and difficult working conditions (Lists No. 1 and No. 2, “small lists”) will be made differentiated.

Classes and subclasses of working conditions in workplaces are established according to the degree of harmfulness and (or) danger. The amount of additional insurance premiums depends on them as follows:

1 (optimal) class of working conditions - 0% additional insurance premium;

2 (permissible) class of working conditions - 0% additional insurance premium;

3.1 (harmful) class of working conditions - 2% additional insurance premium;

3.2 (harmful) class of working conditions - 4% additional insurance premium;

3.3 (harmful) class of working conditions - 6% additional insurance premium;

3.4 (harmful) class of working conditions - 7% additional insurance premium;

4 (dangerous) class of working conditions - 8% additional insurance premium.

Certification of workplaces carried out before 2014 is valid until 2018.

All workplaces are assessed, including office ones. For organizations that, based on certification results, have workplaces classified as hazardous, a tariff of 8% is established, for hazardous - a tariff of 2%, 4%, 6% and 7%, depending on the subclass (3.1, 3.2, 3.3, 3.4). If the working conditions based on the certification results were considered optimal or acceptable, then in 2015 additional tariffs of 9% (List No. 1) and 6% (List No. 2 and “small lists”) were established for citizens working in these places. The same tariffs in 2015 apply to those payers who have not passed certification.

Media Relations Group of the PFR Branch in the Tambov Region

Any profession can have a negative impact on human health. However, there are certain sectors of work where employees directly risk life and health. The list of professions with hazardous working conditions is established at the legislative level; such lists were compiled back in Soviet times and approved by the Cabinet of Ministers. For citizens employed in such industries, a number of social benefits are provided, including early retirement.

Currently, employers are using a more productive system of incentives and compensation for physical damage. In addition, there are special government programs aimed at supporting this category of employed citizens.

Classification of working conditions

According to current legislation, all work activity is conditionally divided into 4 categories, each of which is based on the degree of risk factors for health and life:

• optimal - a healthy microclimate is preserved and maintained on the territory and in the interior, which has a positive effect on labor productivity;
• acceptable - normal conditions are maintained, the level of harmful factors does not exceed acceptable standards;
• harmful - permissible standards are exceeded, which causes harm to human health;
• dangerous - working conditions can cause serious harm to health and sometimes pose a threat to life.

In turn, harmful and dangerous industries are divided into 4 degrees of severity:

1. Changes that begin in the human body are reversible and usually appear after completion of work. Such ailments are called “occupational diseases” in medical slang;
2. Pathological changes appear more pronounced and often lead to temporary loss of ability to work (a person regularly goes on sick leave). Here, chronic illnesses caused by professional activities most often develop;
3. Irreversible processes occur in the body that can lead to partial loss of ability to work;
4. Severe things are happening functional disorders internal organs and systems, which in advanced cases leads to the assignment of a non-working disability group.

It is necessary to understand that the classification of hazardous working conditions is carried out at the legislative level, and the degree of harmfulness of a certain production is assessed by authorized organizations and supervisory authorities. Typically, inspections in this area are carried out by representatives of the labor inspectorate and Rostrud.

The activities of employees of these departments are based on the following legal framework:

1. Articles of the Labor Code of the Russian Federation.
2. Government Decree No. 188 of March 29, 2002 “On approval of lists of industries, professions and positions with hazardous working conditions, work in which entitles citizens working with chemical weapons to social support measures.”
3. the federal law No. 426 “On special assessment of working conditions.”

These normative legal documents regulated labor Relations between employers and employees employed in hazardous industries.

Determination of the degree of harmfulness

The following factors are considered standard indicators that determine the degree of harm:

• increased concentration of dust on the territory and indoors, which leads to its settling in the lungs, complicating the functioning of the respiratory system;
• poor-quality lighting, which has a depressing effect on the psyche and negatively affects the organs of vision;
• loud noise;
• radioactive and other wave radiation that can cause harm to health;
• constant vibration vibrations;
• high humidity and high temperatures;
• interaction with pathogenic microorganisms, dangerous viruses, chemically active components and highly toxic substances;
• difficult working conditions, intense work activity that can lead to mental disorders.

Of course, these are rather vague formulations, and many citizens can certainly classify their profession as harmful and dangerous. To avoid labor disputes and misunderstandings, there is a list of professions established at the state level, which takes into account all potentially dangerous areas of work.

A complete list of professions that are recognized as harmful and dangerous

According to the technical and legal standards in force in Russia, the following industrial sectors are recognized as harmful and potentially life-threatening:

1. Mining;
2. Metallurgical, related to ferrous and non-ferrous metals;
3. Coke and chemical production of thermoanthracite substances;
4. Those engaged in the production of generator gas;
5. Dinas products;
6. Chemical enterprises;
7. Production lines for the production of ammunition and explosives;
8. Oil and gas processing, including production of gas condensate, coal, shale;
9. Metalworking;
10. Electrical engineering, including repair of electrical devices;
11. Production of radio equipment and complex electronics;
12. Enterprises engaged in the production of building materials;
13. Manufacturing products from glass or porcelain;
14. Pulp and paper mills;
15. Producing medications, medicines and biomaterials;
16. Healthcare enterprises;
17. Printing;
18. Transport and technical services;
19. Research laboratories related to the study of radioactive radiation, any professions whose representatives are exposed to ionizing radiation;
20. Nuclear industry and energy;
21. Diving work;
22. Employees directly involved with dangerous viruses and bacteria;
23. Electric and gas welders performing work inside closed compartments, metal containers and reservoirs;
24. Enterprises engaged in etching of metals in chemically hazardous solutions;
25. Employees of workshops and production lines involved in cleaning metal surfaces with sandblasting machines using quartz sand;
26. Mercury substations;
27. Personnel employed at power plants and energy trains;
28. Food industry;
29. Organizations performing repair, restoration and construction work;
30. Enterprises engaged in the provision of communication services;
31. Film copying enterprises;
32. Agrochemical complexes;
33. Teaching staff involved in training personnel for the chemical industry.

There is also a list of harmful and dangerous labor factors that are subject to research when assessing working conditions in Article 13 of Federal Law No. 426-FZ of December 28, 2013 “On the special assessment of working conditions.”

Moreover, the Decree of the Government of the Russian Federation dated February 25, 2000 No. 162 approved a list of heavy work and work with harmful or dangerous working conditions under which the use of women’s labor is prohibited, and the Decree of the Government of the Russian Federation dated February 25, 2000 No. 163 approved a list of heavy and hazardous work in which it is prohibited to employ persons under 18 years of age.

Do you need information on this issue? and our lawyers will contact you shortly.

Professions that give the right to early retirement

The second list includes less harmful professions, but long-term employment in this area can negatively affect health. These include:

• positions related to mineral processing;
• metallurgy;
• gas-electric welders;
• railway transport workers;
• persons employed in food industry enterprises;
• healthcare workers;
• peat extraction;
• employees of agrochemical complexes;
• communications enterprises;
• electrical engineers and specialists involved in the repair of electrical equipment;
• construction specialties.

The following conditions for early registration of pension provision apply here (clause 2, clause 1, article 30 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”):

1. Men - at least 12 and a half years of experience, retirement at age 55;
2. Women - at least 10 years of experience, retirement at age 50.

List of benefits and compensations

Representatives of dangerous and hazardous professions are provided with a number of benefits that must be strictly observed by the employer. This includes the following points:

• free and regular provision of work clothes, footwear and personal protective equipment in accordance with the regulations of the enterprise (Article 221 of the Labor Code of the Russian Federation);
• provision additional days to paid annual leave (Article 117 of the Labor Code of the Russian Federation);
• additional payment for special working conditions: at least 4% of the official salary (Article 147 of the Labor Code of the Russian Federation);
• shortened working week: such citizens cannot be employed more than 36 hours a week (Article 92 of the Labor Code of the Russian Federation);
• issuance therapeutic nutrition: dairy and fermented milk products, financial compensation is allowed, paid monthly (Article 222 of the Labor Code of the Russian Federation, Article 219 of the Labor Code of the Russian Federation);
• annual medical examination at the expense of the enterprise, in some cases additional medical examination before performing certain duties (Article 213 of the Labor Code of the Russian Federation).

These measures are mandatory for every employer whose employees are involved in industries that are hazardous to health and life. Enterprise managers do not have the right to refuse to provide employees with medical nutrition or financial compensation for failure to receive it. In addition, the employer cannot oblige such employees to purchase personal protective equipment and other equipment necessary for the safe performance of work at their own expense.

Bookmark the site and subscribe to our updates!

February 27, 2018, 20:20 Oct 7, 2019 15:53

What obligations does an employer have in relation to an employee if his workplace, based on the results of a special assessment, is assigned a hazard subclass of 3.1?

Question: The organization carried out a special assessment of working conditions. What compensation is provided to an employee if his workplace, based on the results of a special assessment, is assigned a hazard subclass of 3.1, and what responsibilities are provided for the employer? Are payments in favor of such an employee accrued? insurance premiums at additional rates?

Answer: An employee whose workplace, based on the results of a special assessment of working conditions, has been determined to have the first degree of hazard (subclass 3.1) is given an increase in wages of at least 4% of the tariff rate (salary). In addition, in the presence of specific harmful production factors, the employee is provided with medical examinations at the expense of the employer.

Insurance premiums at an additional rate of 2% for payments made in favor of this employee are accrued only if he is employed in the types of work specified in clauses 1 - 18, part 1, art. 30 of the Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”.

Rationale: The Labor Code of the Russian Federation establishes that the labor of workers whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as harmful, including the first degree (subclass 3.1), is paid at an increased rate.

The minimum increase in wages for workers engaged in work with hazardous working conditions is 4% of the tariff rate (salary) established for various types work under normal working conditions. The specific amounts of wage increases are established by the employer, taking into account the opinion of the representative body of employees in the manner established by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations, or a collective agreement, an employment contract (Article 147 of the Labor Code of the Russian Federation).

In addition, the employer is obliged to arrange for the employee to undergo periodic medical examinations in the manner prescribed by Art. 213 of the Labor Code of the Russian Federation, if the presence of harmful factors listed in Appendix No. 1 to Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n is revealed at the workplace, or the employee is engaged in work listed in Appendix No. 2 to the said Order. Medical examinations are carried out at the expense of the employer.

At the same time, employees in whose workplaces the working conditions are classified as hazardous of the first degree do not have the right to a shortened working day (Article 92 of the Labor Code of the Russian Federation) and annual additional paid leave provided for by Art. 117 Labor Code of the Russian Federation.

Established Art. 428 of the Tax Code of the Russian Federation, additional tariffs for insurance premiums are applied only if the employee is engaged in the types of work specified in clauses 1 - 18, part 1, art. 30 of Federal Law N 400-FZ.

Thus, if, firstly, the employee is engaged in the work indicated above, and, secondly, the working conditions at his workplace are classified as the first degree of harmfulness (subclass 3.1), insurance premiums are charged for payments in favor of the employee at an additional rate 2% (clause 3 of article 428 of the Tax Code of the Russian Federation).

If the employee is engaged in work not listed in clauses 1 - 18, part 1, art. 30 of Federal Law N 400-FZ, then, regardless of the presence of harmful factors at his workplace, additional rates of insurance contributions to payments made in favor of employees are not applied.

E.V. Vorobyova, Member of the Scientific Expert Council of the Chamber of Tax Consultants Russian Federation, k.e. n.

1. Working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, acceptable, harmful and dangerous working conditions.

2. Optimal working conditions (class 1) are working conditions under which there is no exposure to harmful and (or) hazardous production factors on the employee or the levels of exposure of which do not exceed the levels established by standards (hygienic standards) of working conditions and accepted as safe for humans , and the prerequisites are created for maintaining high level employee performance.

Harmful working conditions class 3 1 and 3 2 benefits

Acceptable working conditions (class 2) are working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which do not exceed the levels established by the standards (hygienic standards) of working conditions, and the altered functional state of the employee’s body is restored during regulated rest or by the beginning of the next working day (shift).

4. Harmful working conditions (class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions, including:

1) subclass 3.1 (harmful working conditions of the 1st degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, after exposure to which the altered functional state of the employee’s body is restored, as a rule, in a longer period than before the next working day (shift), the cessation of exposure to these factors, and the risk of health damage increases;

2) subclass 3.2 (harmful working conditions of the 2nd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which can cause persistent functional changes in the employee’s body, leading to the appearance and development of initial forms of occupational diseases or occupational diseases mild degree severity (without loss of professional ability) arising after prolonged exposure (fifteen years or more);

3) subclass 3.3 (harmful working conditions of the 3rd degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which can cause persistent functional changes in the employee’s body, leading to the appearance and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of working activity;

4) subclass 3.4 (harmful working conditions of the 4th degree) - working conditions under which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which can lead to the emergence and development of severe forms occupational diseases (with loss of general ability to work) during the period of work.

5. Hazardous working conditions (class 4) are working conditions in which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure to which during the entire working day (shift) or part of it can create a threat to the life of the employee, and the consequences of exposure these factors determine high risk development of acute occupational disease during work.

6. In case of use by workers employed in workplaces with hazardous working conditions, effective means personal protection who have undergone mandatory certification in the manner established by the relevant technical regulations, the class (subclass) of working conditions may be reduced by a commission based on the conclusion of an expert of the organization conducting a special assessment of working conditions by one degree in accordance with the methodology approved by the federal executive body exercising the functions on the development and implementation of state policy and legal regulation in the field of labor, in agreement with the federal executive body exercising the functions of organizing and implementing federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

7. In agreement with the federal executive body exercising the functions of organizing and implementing federal state sanitary and epidemiological supervision, it is allowed to reduce the class (subclass) of working conditions by more than one degree in accordance with the methodology specified in Part 6 of this article.

(as amended by Federal Law dated May 1, 2016 N 136-FZ)

(see text in previous)

8. Regarding jobs in organizations carrying out individual species activity, reduction of the class (subclass) of working conditions can be carried out in accordance with industry specifics approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor, in agreement with the federal executive body exercising the functions on the organization and implementation of federal state sanitary and epidemiological supervision, and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

9. The criteria for classifying working conditions in the workplace are established by the methodology for conducting a special assessment of working conditions provided for in Part 3 of Article 8 of this Federal Law.

Benefits for working in hazardous conditions.

Types of guarantees and compensation

The results of a special assessment of working conditions (SOUT) can be used to establish guarantees and compensation for workers provided for by the Labor Code (Articles 21, 92, 117, 147) of the Russian Federation (according to Federal Law No. 426 on December 28, 2013) for working in hazardous and hazardous conditions. These include:

• Reduced working hours.
• Annual additional paid leave.
• Increased wages.
• The right to early assignment of a labor pension.
• Providing therapeutic and preventive nutrition.
• Conducting periodic medical examinations.

Since January 1, 2014, significant changes have occurred in the procedure for providing some of the above types of guarantees and compensation.

Reduced working hours

With the introduction of new legislation, a shortened 36-hour working week should be provided only to those workers whose working conditions correspond to the 3rd and 4th degree of hazard (classes 3.3 and 3.4) or are classified as hazardous working conditions.

Previously, the legislation did not provide for such a distinction. Consequently, in workplaces where working conditions are classified as hazard classes 3.1 and 3.2, working hours are 40 hours per week.

In this case, the length of working time for a particular employee is determined by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of the special labor assessment.

Annual additional paid leave

Previously, the minimum duration of additional paid leave when working in harmful and (or) dangerous working conditions was 7 days (RF Government Decree No. 870 of November 20, 2008) and was not related to the hazard class, but now the situation has changed.

Now additional leave(according to Article 117 of the Labor Code of the Russian Federation) for work in hazardous working conditions is provided to employees whose working conditions at their workplaces, according to the results of the special assessment of labor conditions, are classified as hazardous working conditions of the 2nd, 3rd or 4th degree (classes 3.2, 3.3 and 3.4) or hazardous working conditions.

In this case, the minimum duration of additional leave is 7 days, its specific amount is established by the employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of the special labor assessment.

There is also the possibility of replacing additional leave with monetary compensation, which should be provided for by industry (inter-industry) agreements and a collective agreement.

Increased wages

The minimum amount of increase in wages for workers under hazardous working conditions is fixed in Art. 147 of the Labor Code of the Russian Federation and is 4%.

In this case, the specific amount of the increase in wages is established by the employer, taking into account the opinion of the representative body of employees in the manner established by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations or a collective agreement, an employment contract.

The right to early assignment of a labor pension

Previously, the position and profession had to comply with the Resolution of January 26, 1991.

Harmful working conditions

No. 10, regardless of the establishment of harmful and/or dangerous factors in these workplaces, then from 01/01/2014, in order to include periods of work in the special length of service for early retirement, it is necessary to establish harmful and/or dangerous factors based on the results of the Special Assessment of Labor and Safety.

As a result, early retirement is due to men upon reaching the age of 50 and women upon reaching the age of 45, in jobs with hazardous working conditions and in hot shops and have insurance experience at least 20 and 15 years, respectively.

Since 2013, for working in hazardous working conditions, the employer must pay additional deductions to the Pension Fund of the Russian Federation.

If the employer does not make additional contributions to the Pension Fund of the Russian Federation, then this period of work is not counted towards the length of service for early retirement.

In fact, the employee needs to check whether the employer makes these contributions, otherwise he may lose his early pension.

Pivot table

Providing therapeutic and preventive nutrition

The obligation to provide an employee with therapeutic and preventive nutrition when working in harmful and dangerous working conditions is enshrined in Article 222 of the Labor Code of the Russian Federation.

When dispensing milk or other equivalent food products, provision of therapeutic and preventive nutrition, when conducting periodic medical examinations, it is necessary to be guided by the order of the Ministry of Health and Social Development of Russia dated February 16, 2009 No. 46n

Conducting periodic medical examinations

The need for periodic medical examinations in the presence of harmful and dangerous working conditions is regulated by Art. 213 Labor Code of the Russian Federation. Medical examinations and psychiatric examinations are carried out at the expense of the employer.

Results

The whole burden of defending decent working conditions and adequate compensation for harmful and dangerous working conditions falls on the shoulders of workers.

The role of the trade union has increased significantly, which is now required to negotiate on an equal footing with the employer to conclude a collective agreement that would establish greater guarantees for employees than labor legislation.

Additional information: www.trudcontrol.ru.

· Last modified: 2016/09/18 20:48 -

What is due to employees “for harmfulness” based on the results of a special assessment Now the minimum amounts, procedure and conditions for providing guarantees and compensation to employees “for harmfulness” are spelled out directly in the Labor Code of the Russian Federation, Articles 92, 117, 147, 219 of the Labor Code of the Russian Federation. Previously, they were installed by the Government. 219 of the Labor Code of the Russian Federation (as amended, valid until 01/01/2014); Government Decree No. 870 dated November 20, 2008. Let us say right away that the minimum amounts of guarantees and compensation have not changed. However, according to the results of the special assessment, separate guarantees are not provided not only to workers employed in optimal and acceptable working conditions, as was the case before, but also to some of the “harmful workers”.

Harmful working conditions class 3.1 and 3.2 in Russia in 2018

Working conditions in the workplace based on the results of a special assessment of working conditions. 14 of Law No. 426-FZ Increase in wages. 147 Labor Code of the Russian Federation Additional leave.

Benefits for employees working in hazardous working conditions

• Federal Law “On Labor Pensions”, number 173-FZ. Its last edit was dated November 19, 2015;
• Decree of the Government of the Russian Federation “On Amendments to Certain Acts of the Government of the Russian Federation”. The act was issued on February 10, 2018 under number 168.

One of the main legislative acts is the Sanpin, which establishes criteria for the absence of threat factors environment on human body, their harmlessness.

The act contains sanitary and epidemiological norms and rules that ensure favorable conditions for human life. The main points of harmful working conditions of classes 3.1 and 3.2 An employee is granted certain rights if production factors are included in subclasses 3.1 and 3.2.

Harmful working conditions class 3.1 and 3.2: benefits and compensation for the employee

As a basis for calculating additional payments for harmfulness, it is customary to use the Standard Regulations on the Assessment of Working Conditions, introduced on October 3, 1986. In accordance with it, the following calculation algorithm is used:

1. Identification of the hazard class by comparing the established maximum permissible indicators with the hazard parameters actually existing in a particular production.
2. Conversion of production hazard classes (established in reporting documents for certification or assessment of working conditions) into points based on the following table: Class 3.1 Class 3.2 Class 3.3 Class 3.4 1 2 3 4
3. Establishing the period of influence of negative factors. The amount of the surcharge is determined taking into account the period of actual stay in the area affected by the negative factor.
4. Determining the amount of additional payment for harm to a specific employee.

Harmful working conditions class 3.1 and 3.2 in Russia in 2018

In this case, if working conditions are considered optimal or acceptable, guarantees and compensation are subject to cancellation in full. However, if the working conditions class is 3.1 or 3.2, then it will not be possible to remove, for example, a shortened working week. Thus, the types and volume of guarantees and compensation will remain the same for all workers working in hazardous working conditions, regardless of class (subclass).

The third option allows for a differentiated approach to the assignment of guarantees and compensation depending on the class (subclass) of working conditions. In our opinion, the inclusion in the collective agreement of a phrase stating that guarantees and compensation are assigned “based on the results of special labor assessment for work in harmful and (or) dangerous working conditions depending on the class (subclass) of working conditions” is mandatory for employers who do not want and cannot provide employees with benefits greater than those required by law.

Cancellation of additional leave for hazardous working conditions class 3. 1

Labor Code of the Russian Federation Reduced working hoursArticles 92, 94 Labor Code of the Russian Federation Optimal (class 1) Increases in wages compared to normal working conditions are not provided Additional leave “for harmfulness” is not provided Reduction of working hours is not made Acceptable (class 2) Harmful (class 3):

Wages are increased by at least 4% of the tariff rate (salary) established for various types of work with normal working conditions. Specific amounts of wage increases are established by local regulations or a collective or labor agreement

Additional leave of at least 7 calendar days is provided.

Srg in the media

Attention

The appointment of guarantees and compensation should be formalized by an additional agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation), which comes into force from the date of approval of the special assessment report. Please note that the agreement must indicate the specific amounts and types of guarantees and compensation provided. The employment contract with the employee must contain information about working conditions at the workplace and their characteristics (Art.

57 Labor Code of the Russian Federation). It will be enough to indicate the final class (subclass) of working conditions, which is indicated in line 030 of the special assessment card. Information about working conditions must be included in the employment contract, even if they are considered optimal or acceptable, that is, when benefits are not provided.

Compensation for “harmfulness” before and after a special assessment of working conditions

Thus, persons exposed to the negative impact of negative factors can expect to receive increased wages. Each employee who performs his or her job functions under the negative influence of production factors has the right to count on receiving these payments, which represent a salary supplement if it was established based on the results of certification activities before the beginning of 2014. This threshold was established due to the fact that until 2014 there were regulations requiring mandatory certification of workplaces in order to determine the presence of harmful and dangerous factors.

Federal Law No. 426-FZ of December 28, 2013 replaced certification with an assessment of the working conditions of personnel. At the same time, by virtue of Part 4 of Art.

Additional payment for hazardous working conditions in 2018

It states that dairy products are to be issued on the basis of an approved list of production factors classified as hazard classes 3.1 and 3.2 according to the workplace occupied. Is monetary compensation possible? Cash compensation to an employee is paid in accordance with the norm of hours worked if the working week exceeds 36 hours. The procedure for calculating and conditions for making payments, methods for determining the amount are provided for in the interindustry agreement and the collective agreement of the enterprise.

A prerequisite is to obtain the written consent of the employee, which is attached to the employment contract. Which professions may lose their harmfulness Classification of production factors is carried out depending on the level of their impact on the human body. It is established during the assessment of production working conditions.

• Categories
• Labor law
• In 2013, workplace certification was carried out at our enterprise. To the laboratory assistant chemical analysis was assigned a hazard class of 3.1, i.e. he is entitled only to monetary compensation in the amount of 4% of the tariff rate. And the attestation sheets contain the word “yes” for additional leave. How to understand this, because additional leave is allowed only with hazard class 3.2. And based on the results of the previous certification, the laboratory assistant received additional leave of 12 days. What to do? Do we have the right to cancel additional leave and leave only monetary compensation? And what legal documents should we be guided by? Thanks in advance for your answer.

ImportantBased on this, they can be:

• optimal;
• acceptable;
• harmful;
• dangerous.

The degree of exposure of workers to harmful factors may vary. In cases where it exceeds certain values, existing conditions labor are recognized as harmful. It is believed that when performing work functions in such conditions, the risk of developing occupational illnesses increases significantly.

Harmful conditions must be distinguished by drawing a line from hazardous conditions. It is customary to speak of hazardous conditions when personnel are exposed to factors that directly have a negative impact on their health. An example in this case is the work of painters in paint shops.
If such employees have the necessary protective equipment, the conditions in which they work are considered harmful.
Such activities usually include actions aimed at:

• effective modernization of equipment, premises and means of labor;
• providing specialists with individual protective kits that help reduce the harmful effects of harmful factors.

If, as a result of the measures taken, the impact on people of harmful factors was not completely eliminated, however, the hazard class was lowered, then employers have the right to reduce the percentage of compensation payments. The decision to provide (or refuse to provide) payments of this nature is made by organizations in the process of reviewing reports on assessing the working conditions of employees. Employees have the right to disagree with the employer’s decision to refuse to provide compensation or with the decision to downgrade the hazard class.

More articles on the topic

Hazard class 3.1

Work associated with harmful or dangerous factors is an integral part of the technological chain of many enterprises. Most of them are industrial and complex industries.

However, neither the employer nor the employee himself can assert, based on his impressions, that the working conditions for a particular position negatively affect the employee’s health. The legislator excludes conflicts of interest and delegates these powers to professional certified organizations.

What are hazardous working conditions?

A few years ago, until 2013, enterprises used the concept of “” and independently decided on the need for it.

Federal Law No. 426-FZ introduced the concept of Special Assessment of Working Conditions (SOUT) and the rules for its implementation. Starting from 2014, the employer initiates this procedure without fail.

And only on this basis it becomes possible to assert whether the workplace is dangerous for the employee’s health, and therefore he has the right to additional benefits and guarantees.

It is important to remember the penalties that will be imposed on employers who flout the SAW law. The result of the assessment must be recorded and made available to each employee for review.

In addition, it must be included in the “Working Conditions” section. This means that the employee, even before the start of execution, labor function warned of possible health risks.

A special assessment must be carried out every 5 years. The current list of organizations that have the right to provide services for conducting special labor assessments is published on the official website of Rostrud.

The law established 4 classes of working factors:

1. Optimal;
2. Acceptable;
3. Harmful;
4. Dangerous.

Before assigning working conditions to one of them, assessors measure the level and pulsation of illumination, vibration, gas pollution, dust, temperature and noise at the place where the work is performed.

Additional risk factors include X-ray exposure, electromagnetic fields, infra- and ultrasound, use of pneumatic equipment, biological preparations.

The third hazard class is the most common, so it is divided into several subcategories, from first to fourth, according to the degree of increasing health risk. For convenience, they are designated by indices 3.1, 3.2, 3.3., 3.4.

Benefits for workers in hazardous conditions

List of benefits for hazardous conditions.

The Labor Code of the Russian Federation obliges the employer to compensate for risks with a number of benefits, while regulating standards for productivity, rest periods and medical care.

For jobs with index 3.1 and 3.2, allocate the following types benefits:

• reduced working hours. Adjustments must be made to the working time schedule. If the basic norm for most employees is 40 hours weekly, then the presence of harmful factors reduces it to 36 hours.

However, the legislator does not deprive the employee of the right to go to work more often, but these hours will be considered overtime and must be paid double. It must be remembered that legislation prohibits overtime of more than 120 hours per year.

Special standards have been established for specialists who have been established. It would be a violation to choose an annual norm for the “pest”; in this case, only quarterly is possible;

• . In addition to the basic paid leave, which is provided annually to each employee, there are special guarantees for added rest time. This benefit only applies to employees whose workplace according to the test results, it has an index of 3.2.

The minimum duration of additional vacations is 7 days. By analogy with the main one, they must be included in the schedule in the order of the general queue. The presence of harmful factors does not give a preemptive right regarding the timing of provision;

• additional payment for work in unfavorable working conditions. By general rule it is at least 4% of the salaries or tariff rates of employees working in similar positions in more comfortable conditions. In many production areas, there are also inter-industry agreements that operate on the territory of one or more federal entities.

• early retirement, before the officially approved retirement age in the country. In accordance with this norm, men can retire at the age of 55, and women at 50. In this case, two important conditions must be met.

Firstly, contact with labor must occur at least 80% of the time spent at the workplace. Secondly, the job title must correspond exactly to those indicated in the ETKS qualification directory.

It is worth noting that early retirement will not be possible if the total work experience in hazardous work is less than 12 years.

Thus, the legislator does not allow cunning on the part of an employee who is ready to go to work in special working conditions immediately before the onset of pre-retirement age;

• planned medical examinations. The Rospotrebnadzor Service is responsible for monitoring correct design employee medical records. Regular medical examinations are regulated by Order No. 302-n. Their timing and program are described in the Appendices to the order.

Milk and vacation can be replaced with monetary compensation.

Screening for tuberculosis, HIV and neuropsychiatric disorders is mandatory for everyone. The employee undergoes the inspection independently, and the employer, based on the submitted receipts or checks, compensates for these expenses.

If the conclusion issued medical organization employee, contains contraindications to work in his position, he must be transferred. If there are no suitable staff positions for him, the employment contract with him is terminated;

• dispensing milk and its equivalent substitutes. This applies to jobs where a special assessment of working conditions has identified risks due to chemical factors;
• payment for life and health insurance. Federal Law No. 125-FZ obliges the employer to provide insurance against accidents. If such a situation occurs, the employee will be paid sum insured. An employee being injured at work guarantees payment for treatment, medicines, rehabilitation and sanatorium treatment.

In addition, many employers, with the help of additional health insurance (VHI), allow their employees to undergo preventive treatment according to medical profiles in the risk zone;

• personal protective equipment (PPE). They must not only be issued to each employee against signature, but also instructed on the rules for their use. The standard set of PPE includes protective clothing, means to protect the head, respiratory system, hands, detergents, and special soaps.

The legislator categorically prohibits internal and external work in positions, each of which is performed in hazardous working conditions. An employee's minority should also be a reason for refusal to hire a position with an index of 3.1 or 3.2.

A pregnant employee also needs to not only be transferred to light work, as is customary, but protected from exposure to harmful factors by moving her workplace to another department.

Relations with women who have children under the age of one and a half years, but have already gone to work, are formalized in a similar way.

Many enterprises have a tradition of drawing up and signing a collective agreement. All guarantees and compensation must be recorded here. Upon admission to the organization, the document is familiarized with the signature of each employee.

Special procedure for calculating compensation.

Replacing benefits with cash payments is not prohibited by the legislator. So, for example, instead of providing milk, an employer can compensate it with an amount equivalent to its cost.

Until January 2014, even at the request of the employee, additional leave could not be replaced by payment. Rostrud determined this logically and explained it by the fact that high-quality food can be organized by the employee independently, and rest is possible only if he is distracted from work.

Currently, it has become possible to partially replace it in a situation where the accumulated vacation is more than 7 calendar days. But such an agreement with the employee must be secured in advance in an additional agreement to the current employment contract.

The minimum amount of compensation paid is calculated based on the employee’s average earnings for Last year. Industry agreements or collective agreements may establish additional coefficients that increase compensation.

The legislator exempts most compensation payments that are related to the performance of work duties from the deduction of personal income tax. These include travel allowances, expenses for operating personal vehicles, and depreciation.

But according to the decision of the Ministry of Finance, compensation for special conditions in the workplace does not apply to such types of income. By official letter, containing an explanation of the situation, the Ministry of Finance states that there are no grounds for tax exemption.

Order No. 185, issued by the Ministry of Health, contains a list of professions that are at risk. Among them are not only workers in the industrial sector, but also bakers, teachers, doctors, aviation, metro, railway, and correctional officers.

When determining the list, experts were guided by the frequency of occurrence of occupational diseases that become chronic.

The trade union organization has a special role and influence at the enterprise. It monitors the quality of the special environmental control system, compliance with the guarantees provided to pests, timely safety instructions, the issuance of personal protective equipment and their quality.

The union does not have the authority to prohibit or suspend work that poses health risks. However, he can formalize his opinion in the form of a letter to the employer or submit a collective appeal to the supervisory authorities.

The document will not be a guide to action, but if a conflict arises, it is reasonable to reach an agreement with the trade union. The practice of disputes shows that in most cases the courts and the labor inspectorate side with the employee representative. The conclusion of a collective agreement will help to minimize the risks of conflict. employment contract With detailed description all compensations and guarantees.

From this video you will learn about benefits and compensation for hazardous working conditions.

Form for receiving a question, write yours