Everyone wants to work in appropriate conditions, while, of course, remain healthy and full of energy after a working day. It is good if, at health risk, the employer agrees to recognize the work as harmful, and you compensate for this with compensations and benefits. But what if your work is connected with "evil" factors, and the authorities turn a blind eye to it and thinks "it will cost so ..."? In that, which includes a list of harmful working conditions, today we will understand.
Specificity
Any work leaves its mark on human life. However, there are some areas of activity where employees even risk their health. For such citizens, the law provides for certain exemptions.
Harmful working conditions are circumstances that adversely affect a person engaged in certain activities. A person working may not even notice them, but sooner or later the damage to health will be felt.
Among the whole classification of labor factors, the above are in third place:
- optimal - have a positive effect;
- permissible - without exceeding harmful standards;
- harmful;
- dangerous - entail serious harm to health, can cause a threat to life.
In the last two categories there are 4 levels of severity:
- Changes in health from work (occupational diseases) are not irreversible, easily treatable.
- Acquire a chronic nature, lead to temporary disability (frequent sick leave).
- Irreversible processes are launched, entail a partial loss of performance.
- Severe ailments, the disorder often seizes several organs or systems of a person, leading to the establishment of disability.
Criteria for the systematization of working conditions are regulated by the methodology for the implementation of a special assessment of working conditions (SOUT). The degree of harmfulness is established by an authorized organization.
The legislative framework
The list of professions with harmful working conditions is fixed at the legislative level, legal relations in this area are regulated by the following regulatory acts:
- Labor Code of the Russian Federation: Art. 147 secures the right to increased payment.
- Federal Law of 2013 N 426 "On the special assessment of working conditions": in Art. 14 the division of conditions into categories is given, the concept of each of them is given.
- Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions of 1974 N 298 / P-22 (about additional leave and shortened day).
- 1991 Resolution No. 10 adopted by the Cabinet of Ministers of the USSR (on preferential pension).
- Decree of the Government of the Russian Federation in 2014 N 665 (on the appointment of an early old-age insurance pension).
- Decree of the Government of the Russian Federation 2002 N 188: regulates the rights of citizens working in chemical weapons industries to social support measures.
- GOST 12.0.003-2015, introduced by the Order of Rosstandart 2016 N 602-Art.
The list may also include separate by-laws.
Hazardous factors
The list of harmful working conditions in the Russian Federation includes the following:
- loud noise;
- vibration;
- high concentration of dust;
- heat;
- humidity is above normal;
- low light;
- radioactive and other wave radiation;
- contact with microorganisms that cause disease, dangerous viruses;
- proximity to chemistry and toxic substances;
- difficult working conditions, hard work.
This list is approximate, it does not have legislative consolidation, therefore, each, in fact, can include here his "evil" factors that impede normal operation. Moreover, it is associated with a legal list of professions with harmful working conditions. A list will be given below.
Who is at risk
Harmful industries are spelled out in Resolution N 298 / P-22 of 1974.
According to the specified normative act, the list of industries with harmful working conditions includes the following:
- mining operations;
- coal and shale industry, construction of mines;
- geology, geodesy, topography;
- metallurgy (ferrous and non-ferrous metals), including scrap processing;
- production of hardware;
- chemical enterprises;
- abrasive;
- electric power industry;
- peat production;
- Oil and gas industry;
- microbiology;
- metal processing;
- Painting works;
- welding;
- aviation and defense production;
- electrical engineering (production of batteries, accumulators, etc.);
- radio engineering and electronics;
- steam power facilities (installations for supplying hot water and steam);
- manufacture of thermometers;
- diamond industry;
- jewelry production;
- manufacturing of building materials;
- glass;
- porcelain, earthenware;
- construction works;
- the construction of underground structures (tunnels, metro, etc.);
- paper, pulp, wood chemistry;
- woodworking;
- textile, light industry;
- food industry (including perfume and cosmetics);
- elevators, grinding flour, cereals, animal feed;
- polygraphy;
- transport (railway, metro, sea and river, automobile, highway, civil aviation)
- communication;
- agricultural (including veterinary medicine);
- culture (libraries, film studios, etc.);
- the production of teaching aids, instruments;
- Housing and communal services and household services (including baths, funeral homes, pawnshops);
- healthcare
- work with radioactive substances;
- laboratories, research institutes
In each of these areas there are separate subsections that specify a particular activity.
Based on the above list, we can say that the list of professions with harmful working conditions is quite extensive, since usually at least 10 people are employed in one industry in different directions.
Employment: what you need to know
For harmful specialties, the order of the device is no different from the usual one, with the exception of passing a mandatory medical examination for the ability to work in such conditions.
The reception consists of the following steps:
- Interview Do not forget to prepare a resume! A self-respecting candidate will pay particular attention to this document since the first impression of the employee depends on him. You can write down your recommendations from previous places of work, positive aspects of your character, additional advantages.
- If you have passed the first stage, then at the second the employer will surely require documents from you, and will send you to the medical board with a direction where a list of harmful working conditions will be indicated. Certain categories of citizens cannot be accepted for such work for medical reasons prescribed in paragraph 48 of Order No. 302n of the Ministry of Health and Social Development of Russia 2011, including cardiovascular, nervous system diseases, psychiatric illnesses, alcoholism, drug addiction, substance abuse, cancer, chronic sores of some organs, pregnancy, the period of breastfeeding, etc. The medical examination is carried out at the expense of the employer: either by compensating for the funds spent, or by concluding a contract with a medical institution.
- Upon the successful completion of the previous paragraph, the issuance of a positive medical conclusion, you are deemed accepted for work after signing the employment contract or from the moment the work actually started. In any case, the contract must be signed with you, where it is necessary to pay attention to the indication of the danger of labor circumstances, surcharge and the compensation section. To work with factors included in the list of harmful working conditions, you can not take people who have not undergone a medical examination, are unfit for such duties.
- Next, an order for admission is issued, with which you must familiarize yourself with your signature within three days.
- Familiarization with the job description, subordination, team. Safety briefing.
If your work in the presence of the above factors is not included in the list of work with harmful working conditions, it is worth considering before going to such a position, since for such employees special benefits will not be provided for under the Labor Code of the Russian Federation.
Special job rating
This category has been introduced since 2014 instead of certification of the Republic of Moldova.
A special assessment is a set of measures aimed at identifying a list of harmful working conditions at work, hazardous factors, as well as studying their effect on the body of the worker. Based on the results of its conduct, classes (subclasses) of working conditions are formed.
The purpose of the current “certification”, as well as the previous one, is to establish guarantees and compensations, if necessary, of additional insurance premium rates to justify subsidizing measures to improve the quality of labor circumstances. The analysis should be carried out regularly: once every 5 years, if an unscheduled check is not required.
Methods for the implementation of this assessment are set out in the Order of the Ministry of Labor of the Russian Federation in 2014 No. 33n.
These events are carried out by the employer and the specialized structure.
When working, specialists turn to a list of harmful or dangerous working conditions.
Assessment of jobs provides an analysis of:
- hygiene standards;
- injury hazard;
- PPE security;
- implementation of the relevant rights of workers.
After the assessment, the employer sends a report to the labor inspectorate. If it was found that pregnant women or minors work under harmful conditions, then they must be transferred to safe places.
When applying for hazardous work, ask your employer if it is included in the list of positions with harmful working conditions and whether there are reports on the assessment of the PM.
Female labor
When hiring a manager, you need to remember the restrictions established by law.
It is worth noting that for women the list of harmful working conditions is no different from the general one. In this case, the work of the fair sex with such factors is not always allowed.
For example, there are restrictions on the following industries:
- heavy work (with moving and lifting manually);
- underground, including construction of the metro, tunnels, etc .;
- metal processing;
- construction, installation, related work;
- mining operations;
- exploration activities, geodesy, topography;
- drilling of the wells;
- oil production and gas;
- metallurgy (ferrous / non-ferrous), etc.
The entire list is set out in Decree of the Government of the Russian Federation in 2000 No. 162. It follows from this that a woman, for example, is prohibited from being a carpenter, stubbing stumps, being a plumbing plumber, wood grower, livestock fighter, animal skater, steam locomotive driver, electric train driver and his assistant, loader, fireman, diver, etc.
However, a reservation is made that the employer may hire a woman from the specified list of specialties. In this case, harmful working conditions should be minimized, i.e. must be safe, and it is also necessary to obtain a positive opinion from the relevant authorities specializing in job evaluation.
Persons under 18
There are also restrictions on underage workers in this area.
A “forbidden” list of persons with harmful working conditions can be found in Decree of the Government of the Russian Federation in 2000 No. 163. Compared to the “female” one, it is more extensive.
For example, the sphere of motor transport and road facilities has been added: you cannot work under the professions of a motor grader driver, asphalt concrete paver, asphalt distributor, tire assembler before the age of 18; in the field of urban transport: it is forbidden to work as a tram driver, trolley bus. It is also not allowed to apply the labor of such persons in certain areas: when cutting glass, in work in confined spaces, with epoxies, mercury associated with weapons, at height, in case of thermal danger.
A reservation is also made that the work of persons under 18 is permitted subject to the creation of favorable conditions. In addition, persons from 16 years old in these areas are allowed to undergo practice, but no more than 4 hours a day.
Benefits and Compensation
By virtue of the provisions of the Labor Code of the Russian Federation, employees suffering from harm are entitled to the following:
- provision of work clothes, shoes and personal protective equipment free and regular;
- additional days for vacation;
- supplement: at least 4% of the salary;
- reduced working week: no more than 36 hours per week;
- in some cases, special breaks (for example, for heating, if the work is carried out at low temperatures);
- medical nutrition: milk, sour milk or compensation;
- professional examination once a year at the expense of the enterprise;
- early retirement pension (in situations stipulated by law).
These measures are mandatory for all employers who use the list of workers with harmful working conditions.
Early retirement pension
One of the most enjoyable benefits is a well-deserved paid permanent vacation, moreover, even earlier than the deadline for all. In modern realities, in connection with the increase in the retirement age for ordinary working citizens, this is very important.
To take advantage of this privilege, the profession must be named in the Lists approved by Decree of the Council of Ministers of the USSR 1991 No. 10, which contains two registries.
The first includes a list of industries, works, professions, positions occupied in underground work, with critically harmful or dangerous working conditions.
The second is work with less harmful and difficult conditions.
The age of retirement in such cases is regulated in detail by the legislation on insurance pensions (Article 30 of the federal law of the same name), in addition, a certain length of service is required.
Thus, to establish an early retirement pension, three basic conditions must be met:
- reaching retirement age;
- the presence of insurance (employment) experience;
- special experience.
Despite the fact that the law does not have a clear list of harmful working conditions in the Russian Federation, the types of activities that are associated with these factors are quite extensively prescribed.
If you believe that your working conditions are also harmful, but the employer turns a blind eye to this, you can initiate an unplanned special assessment of the place of work by sending an appeal to an authorized organization. The Supreme Court of the Russian Federation recognized that the compensation was not due to the fact that the position was assigned to the legal list, but because the factors of a particular job were assigned to the list of harmful working conditions based on the results of the assessment.