Shortening the working day depending on the temperature. Temperature regime: when is it time to shorten the working day

Speaking about the temperature regime and microclimate in work premises, as well as about measures to optimize the work of personnel in winter and summer, we must remember that there is 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 standards..."). At the same time, it is also important for the employer to know that this Resolution was registered with the Ministry of Justice on August 8, 2016 under No. 43153, and this means that it 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 the requirements of SanPiN itself in the part by which it regulates labor activity is grounds for imposing a fine of up to 80,000 rubles.

A few words about SanPiN

The document itself is quite voluminous, but, oddly enough, quite understandable even for a non-specialist. Contains several sections that include requirements for jobs by level:

• noise;
• vibrations;
• infra- and ultrasound;
• electric and similar fields;
• laser and ultraviolet radiation;
• on the microclimate in production premises.

As for noise, vibration and radiation, life shows that people are not as concerned about this as they are about temperature environment when it rises 30 degrees above zero. Under such conditions, workers’ bodies begin to experience serious stress, and this is no joke. From what values ​​of ambient temperature can one legally consider stress? As we have already said, this is written in SanPiN. But see the specific numbers below.

How it works

First of all, SanPiN 2.2.4.3359-16 does not apply to divers and astronauts. Also, the requirements do not apply 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 in paragraph 2.1.2 it indicates that hygienic requirements for microclimate indicators are established for workplaces in production premises. This means that it does not formally apply to those who have to work outdoors in the heat, for example, to road workers (it does, of course, but what to do if it’s written that way).

Now to the production environment and microclimate.

There are five microclimate indicators:

• air temperature;
• surface temperature;
• relative humidity;
• air (wind) speed;
• intensity of thermal radiation.

Taken together, they represent 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 turn to special standards. For a unit of clothing, SanPiN takes a set of items with thermal insulation 1 CLO during the cold season and 0.7-0.8 CLO in warm period years for the period of 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 this is a relative value. 1 CLO is the amount of clothing you need to feel comfortable. For example, if you work at a computer, then it will be normal to sit at +25, but if you stand up and swing a sledgehammer 30 times, then the comfortable ambient air temperature will sharply drop 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.

Optimal values ​​of microclimate parameters

Let us explain what the categories of work by energy consumption are. This is an indicator of the release and loss of human energy during work (includes the metabolic rate from background metabolism to the mechanical power developed by the muscles). For example, work of category Ia is sedentary work with little physical stress, and work of category III is associated with constant movement with a load, for example with a sledgehammer.

Professions by job category

Therefore, knowing which energy consumption category yours belongs to professional activity, you can easily determine the optimal values ​​for your microclimate.

But what to do if these values ​​deviate greatly from normal values? For this, there are special tables in which work standards are established if the optimal values ​​change.

Microclimate tables

Permissible duration of stay at workplaces at air temperatures above permissible values

Permissible duration of stay at workplaces at air temperatures below permissible values

These tables are what you need to focus on.

How to navigate the temperature

Working in hot weather or in cold weather means special working conditions. They impose certain responsibilities on employers.

Bosses need to know: if it’s hot outside, workers working outdoors are entitled to benefits at a temperature of 32.5 °C. The benefits are as follows: people should rest in a cool place every 20-30 minutes. In this case, the break for such rest should last at least 10-15 minutes. Also not allowed to work in the heat are: minor workers and people over 40 years of age, pregnant employees and people suffering from chronic diseases. And working outside at temperatures above 37 °C is not allowed at all. These are the recommendations of Rospotrebnadzor.

If the room is +30 degrees, then we look at what jobs we work on and determine the length of the working day. Air speed and relative humidity do not really concern us. There are, of course, in SanPiN maximum indicators (as they should be) for humidity and speed of movement of air masses (you can see starting from paragraph 2.2.7), but the tables of working hours are calculated exclusively based on degrees of air temperature. Therefore, we look at the thermometer, look at the table, find the required column and get the result: how long can you work at this temperature.

But what should a boss do if workers have to work in hot conditions and the production process cannot be stopped? The employer's responsibilities in hot weather are to provide workers with comfortable working conditions. Life is life, and it costs more than a fan. Therefore, if the air temperature causes plastic on office equipment to melt, then you should at least buy this fan.

Even better is to purchase a split system that can maintain optimal temperature conditions in the room. But this is not a panacea either. Even a large air conditioner outside the window does not always help. You also need (ideally) to install a humidifier. Yes, it's expensive, but it's worth it.

At a minimum, employees will know that their employer loves and appreciates them. In addition, the employee's stress will be minimized, which means that there will be fewer errors in work.

As a maximum, you won’t have to write an explanation to the State Tax Inspectorate or the Investigative Committee if someone ends up in the hospital due to the heat.

What does GIT say about this?

According to the explanations of the State Tax Inspectorate, if there is not enough money for fans, the employer can introduce downtime for reasons beyond the control of both the employer and the employee. In addition, the department believes that the administration can allow employees to work from home during abnormal temperatures, extend their rest and meal breaks, and generally change the work schedule of staff. True, the department clarifies that for such forced innovations the employer will have to enter into additional agreements to employment contracts. The editors of ClubTK believe that it is better to introduce these provisions into the PVTR and, when certain circumstances occur, simply issue an appropriate order.

As for working in the cold, there are certain general rules, for example, 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 the working time. At the same time, Rostrud reminds that only those citizens who do not have any medical contraindications for working in the cold. At the same time, workers must be provided with personal protective equipment, which is called “weather dependent.”

Speaking about special breaks for heating, officials remind that their number and duration are established by acts of the employer and should depend not only on the air temperature, but also on the strength of the wind. One of the organization’s responsibilities is to ensure a temperature of 21-25 degrees in heating areas, as well as install special equipment that maintains a temperature of 35-40 degrees to warm hands and feet.

Rostrud also reminds that the employer is obliged to provide subordinates with normal working conditions, and therefore bears liability, even criminal liability, for inaction and causing harm to the health of the employee. To avoid this, officials suggest studying and starting to implement guidelines Chief State Sanitary Doctor “Work and rest regimes for workers in cold weather in open areas or in unheated premises” (MR 2.2.7.2129-06).

Express your opinion on the article or ask the experts a question to get an answer

Current legislation provides for the use of shortened working hours in hot weather to ensure worker comfort and occupational safety for their health. The law on shortened working hours due to heat is already in effect long time– at high air temperatures, working time should be reduced in proportion to its differences from the permissible values. Also, according to the law, the working day in hot weather should not be shortened for all categories of workers.

Shortened working hours in hot weather - law and legal regulation

The questions of how the working day changes in the heat according to the law are extremely relevant for many employers, as well as employees and HR specialists. This is one of the mechanisms for labor protection and ensuring safe working conditions for employees. But before considering the direct application of legal requirements, you should pay attention to the provisions of the following regulations and documents:

• Article 212 of the Labor Code of the Russian Federation. This article establishes a broad general list of responsibilities of each employer, according to which it must implement the right of employees to safe working conditions.
• Article 216 of the Labor Code of the Russian Federation. This article regulates the participation of government bodies in determining labor safety standards and resolving possible labor disputes, as well as conducting supervisory and control activities.
• Article 379 of the Labor Code of the Russian Federation. This article regulates the right of an employee to independently protect his interests within the framework of labor relations, including to refuse work that threatens his life or health.
• SanPiN 2.2.548-96. These rules and regulations establish specific requirements for, including optimal temperature indicators, the excess of which obliges the employer to provide a shortened working day in hot weather.
• Federal Law No. 52 dated March 30, 1999. The law in question defines general principles state control and regulation of sanitary and epidemiological safety of the population, including within the framework of working relationships.

The Labor Code of the Russian Federation does not directly contain specific temperature indicators at which a shortened working day is accepted in the heat. To determine them, you must refer to the sanitary rules and regulations indicated above.

Shortened working hours due to heat - how many fewer hours do you need to work?

SanPiN standards establish separate requirements for certain premises and types of activities. In general, for office workers, the optimal air temperature when working in the summer is 23-25 ​​degrees. If its values ​​are exceeded by 5 degrees or more, employees should have their working day reduced as follows:

These standards are established for employees whose work does not involve physical activity and is sedentary. For activities where employees experience high energy expenditures, temperature readings may shift downward by 1-2 degrees, depending on the specific performance indicators.

How is a shortened working day due to heat formalized by law?

The employer is required by law to provide shortened working hours in hot weather, regardless of the wishes of the employees. However, before reducing labor time, it is necessary to have grounds for such a reduction. This basis may be a special assessment of working conditions, a visit by labor inspectors at the request of employees, or actual temperature measurements by independent experts or the employees themselves, provided they use appropriately certified equipment and draw up air temperature measurement reports.

Air temperature is measured selectively. Even a one-time occurrence of exceeding permissible temperature indicators during the day is enough to require its reduction.

A reduction in working hours can be done in various ways. At the same time, workers' compensation should not be reduced, with the exception of permitted legal mechanisms. The most optimal option for the employer and employees would be to record downtime. In this case, the employer can simultaneously send workers away from work to prevent violations of the law and reduce its labor costs. Downtime due to heat can be divided into:

A reduction in working hours due to heat is issued by order of the employer. However, employees themselves can initiate an inspection or conduct it themselves. Moreover, if an employee refuses to fulfill his job duties, he cannot be held accountable for this and deprived of wages - if in the event of a labor dispute he can prove that he is right.

Constantly elevated temperature in the workplace can be an integral part of the work process, for example, in metallurgical plants. In this case, work under these conditions must be initially stipulated in the employment contract with the employee, and properly compensated with the fulfillment of all worker guarantees provided by law.

What is the best way to organize work in hot weather so that it is convenient for both employees and the employer?

Summer has arrived, which means hot days are quite possible. We work in a municipal institution located in a fairly old building. The work areas are not equipped with good ventilation and air conditioning. We work with computers and other office equipment.

On hot days, the air temperature in the room rises very much. Additionally, the air is heated by operating equipment. We proposed to our manager to shorten the working day by at least an hour during the hot season, but he did not agree. He explained that no law establishes his obligation to reduce working hours in hot weather. And he needs to carry out the work plan.

What is the best way to organize work in hot weather so that employees can work comfortably?

Working hours in hot weather should change and, first of all, this should be done in the interests of workers. Article 212 of the Labor Code of the Russian Federation places responsibilities for ensuring normal conditions and labor protection on the employer. Working in areas with elevated temperatures can have a negative impact not only on results labor activity, but also on the health of workers.

Here's what Rostrud of Russia says:

The employer is obliged to provide its employees with normal working conditions at each workplace that meet labor protection requirements. In particular, in hot weather it is necessary to ensure appropriate temperature conditions, for example, through air conditioning, and also to give employees the opportunity to take breaks from work, provide places for rest, and ensure that clean drinking water and a first aid kit are always available in work areas with medications.

Working hours in hot weather using the example of office workers

Firstly, you need to know that the time spent at workplaces at air temperatures above permissible values ​​is limited. Depending on the work performed and the length of stay will vary.

Maximum permissible temperature conditions in workplaces are established in SanPiN 2.2.4.548-96 “Hygienic requirements for the microclimate of industrial premises”, in SanPiN 2.2.4.3359-16 “Sanitary and epidemiological requirements for physical factors in workplaces”. The figure below shows a table that displays the maximum time spent at work at a certain temperature. I repeat that the data is given for office workers.

As you can see, normal working hours can continue until the air temperature rises to 28 degrees Celsius. A further increase in temperature leads to a gradual reduction in working hours. Once the air temperature reaches 33 degrees Celsius, the work process for office workers must be suspended.

Selecting operating mode in hot weather

We see two most acceptable options for working in hot weather. Let's look at them, although there are others. For example, employees can be asked to go to. Or the employee may agree to work in a room with elevated temperatures. In this case, the employer will need to pay him extra for working in hazardous conditions. But why should an employee mock his own health like that?

First option - This is the introduction of a regime of reduced working hours. But at the same time, it is necessary to keep in mind that payment for unworked hours should be made as for downtime due to the fault of the employer (Part 1 of Article 157 of the Labor Code of the Russian Federation). Since the employer did not create normal working conditions, the employees are not to blame. It is wrong to pay them for the time actually worked. But paying at least two-thirds of the wages for those hours that employees did not actually work seems fairer.

Second option - this is a transfer of working hours to morning or evening hours. Accordingly, workers must work during a period when there is no heat outside and the temperature in the premises is normal. This option is inconvenient because you have to change your usual way of life. Plus, it is not always acceptable due to the need to interact with third-party institutions and organizations.

If you decide on this option, then you must not forget about the specifics of remuneration if it falls on the night period. Article 153 of the Labor Code of the Russian Federation establishes that each hour of work at night is paid at an increased rate compared to work under normal conditions. Night time begins at 22:00 and lasts until 06:00.

Summarizing

Working hours in hot weather must be regulated and this must be done both in the interests of workers and in the interests of the employer. Yes, yes, precisely in the interests of the employer. After all, if it is established that employees work in conditions that deviate from normal ones, and their work is not compensated in any way, then negative consequences may occur for the employer.

“Should an employer shorten working hours in hot weather if the premises in which people work are not equipped with air conditioning? I heard that if the room temperature is above 25 degrees, the working day should be shortened. Is it so?" Lyudmila (Kursk).

Lawyer Anna GVOZDITSKIKH answers: “SanPiN 2.2.4.54896 “Hygienic requirements for the microclimate of industrial premises” states that to protect workers from possible overheating or cooling, when the air temperature in the workplace is higher or lower than permissible values, the time spent at the workplace (continuously or in total for a work shift) should be limited.

The specified SanPiN, of course, relates to state regulatory requirements for labor protection and primarily addresses labor safety issues. It talks about limiting the time workers stay at work places when the maximum permissible temperatures on a working day (shift) are exceeded. However, the concept of “stay time” is not identical to the concept of “working time”.

This SanPiN establishes the obligation for the employer to modify the work and rest schedule, as required by Article 212 of the Labor Code of the Russian Federation, so that the time spent in the workplace with unfavorable production factors meets hygienic requirements. It seems that this obligation can be fulfilled in various ways (sending workers home earlier, introducing additional breaks, equipping a rest room, moving them to another workplace And so on).

If an employer fails to fulfill this duty, he simultaneously commits two offences:

– violation of sanitary rules, since workplaces do not comply with these rules in terms of temperature;

– 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 or does not provide the employee with other work, it turns out that the time spent at the workplace becomes equal to the duration of daily work (shift).

Consequently, in this case, indeed, overtime hours arise for employees, since they work at the initiative of the employer outside the working hours established for them. Thus, employees can be advised to file complaints with the authorities Federal service for supervision in the field of consumer rights protection and human well-being (Rospotrebnadzor) or labor inspectorates. 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.”

The table below shows the possible time spent at workplaces at air temperatures above permissible values:

* Category Ia includes work with an energy consumption intensity of up to 139 W, performed while sitting and accompanied by minor physical stress (a number of professions in precision instrumentation and mechanical engineering enterprises, in watchmaking, clothing production, in the field of management, etc.).

Category Ib includes work with an energy intensity of 140–174 W, performed while sitting, standing, or associated with walking and accompanied by some physical stress (for example, a number of professions in the printing industry, at communications enterprises, controllers, craftsmen in various types production, etc.).

** Category IIa includes work with an energy intensity of 175–232 W, associated with constant walking, moving small (up to 1 kg) products or objects in a standing or sitting position and requiring a certain physical stress (in particular, a number of professions in mechanical assembly shops of machine-building enterprises, in spinning and weaving production, etc.).

Category IIb - work with an energy consumption intensity of 233–290 W, associated with walking, moving and carrying weights up to 10 kilograms, accompanied by moderate physical stress (a number of professions in mechanized foundries, rolling, forging, thermal, welding shops of machine-building and metallurgical enterprises, etc. . P.).

*** Category III includes work with an energy intensity of more than 290 W, associated with constant movement, movement and carrying of significant (over 10 kg) weights and requiring great physical effort (a number of professions in forge shops with manual forging, foundries with manual forging and pouring flasks of machine-building and metallurgical enterprises, etc.).

Office workers are included in category Ia. If the air temperature at the workplace is 30°C, the duration of their working day cannot exceed 5 hours, 31°C - 3 hours, 32°C - 2 hours, at 32.5°C - 1 hour.

The basis for reducing working hours are 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 examination, a protocol is drawn up. In it, the commission reflects the measurements obtained and assesses their compliance with regulatory requirements.

If the temperature exceeds the permissible 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 air temperature in workplaces).

Reader reviews (9)

Many thanks to lawyer Anna GVOZDITSKIKH for her detailed answer to the question. I hope that I can refer to it when talking with my director

And the temperature in the room is +35 degrees..... It's hot...
And they are not going to let go and lay off, how to deal with this???

What is a working day like when working outside in heat above 35 degrees???

In Russia, to fight? - no way!
If the office is small (the kind that don’t install air conditioners), then it’s difficult to fight with it - right up to dismissal...
And with large and large ones, if suddenly the air conditioner does not work, etc. - You can also start complaining - I don’t think the matter will come to court...

How to properly create a commission at an enterprise to measure the microclimate in production premises, a measurement report? How to justify reducing the time shift workers spend outdoors in the heat?

It is the Lord who punishes everyone for greed.
Otherwise, every person wants to transport his butt in an individual foreign car, but not just one.
The goats have trashed the atmosphere, and now think, if there is anything, how to live for your CHILDREN in the future.
And these are some more flowers...

How will the employer pay for these shortened days, for 6 hours of work or a salary for 8 hours?

The team of tour guides asks for clarification: are there any restrictions for our work when working outside in extreme heat, when even in the shade the temperature is above 30 degrees?

The Labor Code of the Russian Federation does not say anything directly about maintaining the optimal room temperature at which normal work activity is possible. But it is said that It is the responsibility of every employer to provide decent, comfortable working conditions for its employees .

This applies not only to production factors (compliance with labor safety rules), but also to ensuring normal temperature in work areas and an acceptable level of humidity.

If the employer does not want to comply with the obligations assigned to him in ensuring normal working conditions, then the employee has the right to write a statement of refusal to work, or write, since the work is carried out in dangerous or harmful conditions to his health.

What does the Labor Code say?

Requirements for premises according to sanitary and hygienic standards

Specific temperature standards for working premises of various types are set out in Sanitary rules and regulations SanPiN 2.2.4.548-96 “Hygienic requirements for the microclimate of industrial premises”, approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation No. 21 of October 1, 1996. The same document also establishes the hazard classes of premises, according to which workers must receive additional payments for hazardous conditions.

The maximum working time when working in rooms with high air temperatures depends not only on the average temperature, but also on the category of work that employees perform (they differ in the intensity of energy consumption).

A shortened working day is required when working in rooms where the air temperature exceeds established critical values. The maximum time spent in such premises depends on the group of work (1a-1b, 2a-2b or 3).

Measuring indoor air temperature

You can get information about when the working day is shortened in the corresponding tables given in SanPiN 2.2.4.548-96. But how exactly are measurements taken, on the basis of which the necessary measures are then taken? This must be done by the employer himself or a person specially appointed for this procedure. All measurements are made with a thermometer or psychrometer and then entered into a special protocol.

Measurements should be taken 3 times a day - in the morning, at lunch and at the end of the working day. The results obtained are recorded in a protocol, where in addition to the average temperature in the room there will be the following information:

• data about the production room or office in which the measurements were taken;
• information about the main devices that produce heat, moisture, or vice versa, cool the temperature in the room;
• information about the technological and sanitary equipment located in the office;
• other information related to temperature conditions.

If the maximum permissible temperature in the workroom has been exceeded, the employer must either lower it (if technically possible) or shorten the working day in accordance with the recommendations.

How exactly can an employer correct the problem of too high room temperatures? He can install air conditioning in the workplace, equip special rest rooms for employees, provide them with personal protective equipment (for example, wet gauze bandages for working in hot workshops or special protective clothing), as well as slightly change the work schedule or introduce short breaks during working hours for recreation.

The higher the temperature in the workroom, the more often it is necessary to take rest breaks.

How to force an employer to comply with labor protection?

If, as a result of measurements, it turns out that the temperature in the room is too high for normal work activities, and the employer refuses to take the necessary measures, then the employee has the right to file a complaint with the State Labor Inspectorate, the trade union (if there is one at the enterprise), and also to the sanitary and epidemiological station or even to the prosecutor's office. Upon receipt of the relevant application, the investigation will be carried out within 10 working days.

In addition, an employee has the right to temporarily refuse to perform his professional duties if labor safety requirements are not met at work (until the situation is corrected). To do this, you will need to draw up a written, reasoned refusal and submit it to the employer.

During forced leave due to high temperature air in the workroom, the employee retains full wages in accordance with his tariff rate.

Employer's liability for non-compliance with temperature conditions

If an employer refuses to comply with standards in the field of sanitary and epidemiological well-being of its employees, including in ensuring normal temperature in the workroom, then it will face liability within the framework.

The penalties under this article are as follows:

• individuals - a warning or a fine in the amount of 100 to 500 rubles;
• officials - a fine from 500 to 1000 rubles;
• individual entrepreneurs - fine from 500 to 1000 rubles;
• legal entities - fine from 10,000 to 20,000 rubles.

Other penalties may apply to individual entrepreneurs and legal entities. Instead of paying an administrative fine, regulatory authorities have the right to suspend their activities for up to 90 days, during which all violations in the field of labor protection must be eliminated at the enterprise.