How to register overalls in an employment contract. How to prescribe the rate for issuing soap to an employee in an employment contract. They do not write about the issuance of soap in an employment contract with an office worker

The issue of providing employees with PPE is relevant for every manager, and we have touched on this topic more than once. Given the standard standards, it will not be difficult to issue PPE. But what if the worker's profession is not named in the sectoral and inter-sectoral norms for issuing PPE. Let's figure it out in the article.

From an employer's point of view, PPE is an inevitable cost. Therefore, it is conditionally possible to determine the following areas of ensuring PPE:

  1. Providing only the necessary PPE, that is, maximum savings with minimum consequences in cases of inspection.
  2. Provision of PPE when the standard rules do not take into account all the specifics of the work and a legal basis for issuance is required.
  3. Provision of PPE based on narrow requirements. For example, the obligatory presence of overalls established sample corporate colors and symbols for advertising purposes, raising the corporate spirit, etc. That is, the employee must be in overalls regardless of working conditions.

The employer is obliged to purchase and issue PPE () at his own expense:

  • workers employed in harmful and (or) hazardous working conditions;
  • at work performed in special temperature conditions or associated with pollution.

That is, we will issue PPE if there is at least one of the following signs:

  • the employee's profession is indicated in the standard industry or cross-cutting norms free distribution of PPE;
  • the presence of harmful and (or) dangerous working conditions has been confirmed;
  • it is confirmed that the employee is working in special temperature conditions;
  • completion of works related to pollution was confirmed.

In other words, in order to issue PPE, it is necessary to confirm the harmfulness in the workplace. For example, the results special assessment working conditions. But what if the employer does not have such results? Suppose that the procedure for conducting a special assessment is at the stage of concluding a contract. Then you can proceed as follows:

What PPE to issue if the profession is not in the model standards

If the professions and positions of workers are not in the standard norms, then the employer issues them PPE according to the standard norms for workers in cross-cutting professions and positions in all sectors of the economy. When there are no suitable positions there, one should be guided by the standard norms for the professions in which the personnel perform similar works ... Documentary evidence of the work performed will be job description... It is important that the type of work is spelled out in it in detail: at height, with a hand-held power tool, work outdoors or indoors, etc.

Advises

Tatiana TRAUTWEIN,

leading Occupational Safety Engineer, Siberian Occupational Safety Center, Siberian Occupational Safety Center (Barnaul)

Pay attention to the notes to the model rules for the issuance of PPE. Sometimes they contain additional PPE, which must be issued under certain working conditions. For example, in a note to the order of the Ministry of Labor of Russia dated December 9, 2014 No. 997n it is said that when elevated level noise protection, employees are additionally provided with anti-noise earmuffs or earbuds with a “to wear” period. For outdoor work, a raincoat or suit, etc. is additionally issued to protect against precipitation.

Let us consider, for example, how to issue PPE to an employee whose position is not named in the standard standards for issuing PPE.

Example

Two employees of the same company have the same profession - warehouse operator. One name may hide different responsibilities... Therefore, it is necessary to analyze what each employee is doing.

Table. Duties of two employees with the same profession

As you can see, the set of functions is completely different, as are the relying on PPE. This difference should be recorded in the job description for each warehouse operator. An approximate chain of actions would be like this:

  1. Divide warehouse operators according to the staffing table: "warehouse operator (outdoor)", "warehouse operator (intrashop)", etc.
  2. Draw up detailed job description for each of the operators indicating the type of work, responsibilities and authorities.
  3. Conduct a special assessment of both workplaces.
  4. Based on the SAUT cards, draw up an annex to the collective agreement - a list of free distribution of special clothing, footwear and other PPE for employees.
  5. Issue PPE to employees in accordance with this list with an entry in personal cards.

The list of free distribution of special clothing, footwear and other PPE for workers may look like this:


Download and print a sample

All documents must be entered as prescribed by the Labor Code and safety rules for specific industries.

Warns

Anatoly PLYUKHIN,

director of LLC "Center for Labor Protection" (Yekaterinburg)

There must be a reason for issuing PPE. There are many examples, especially in budgetary organizationswhen employees responsible for PPE issue them unreasonably. It seems to them, out of necessity and with the best intentions. Then they cannot explain why some PPE were purchased, and are financially responsible for the waste.

What if the name of the profession does not coincide with the name in the standard norms

When the name of the profession does not coincide with the name in the standard norms for issuing PPE, the order of the Ministry of Health and Social Development of Russia of June 1, 2009 No. 290n is also guided. That is, they issue PPE for cross-cutting professions or for a position with a similar job.

It also happens that the profession is called "Operator of machine tools with numerical control" (No. 16045 according to OK 016-94), and a slightly different name is indicated in the standard standards - "Operator of machine tools with programmed control". Usually, labor inspectors do not punish for such a mismatch. The main thing is that PPE is issued with reference to a specific item in the norms so that workers receive and use them.

When certifying workplaces, it was often indicated as an action to improve working conditions: "Renaming the profession according to OK 016-94." Today, there are many English-language designations of activities in everyday life: merchandiser, promoter, master trainer, etc. Therefore, the requirements for the conformity of names have softened All-Russian classifier professions.

Let's summarize with a diagram that shows how to organize the provision of PPE:

Answers to your questions

Is the employer obligated to issue PPE under acceptable working conditions?

Based on the results of a special assessment of working conditions for archivists, a class of working conditions was established 2. Is the employer obliged to issue them PPE by order of the Ministry of Labor of Russia dated December 9, 2014 No. 997n?
Olga KVASNIKOVA (Volgograd)

Yes, I must. PPE is issued not only to protect against harmful factorsbut also to protect against contamination (). If the position of an employee is included in the standard norms of free issuance of PPE, then the employer is obliged to issue PPE to these employees (). The employee has the right to refuse to work without PPE, and the employer will be obliged to pay for the forced downtime (.

How does a labor protection specialist control the issuance and disposal of PPE?

In what form should control over the issuance and write-off of PPE and overalls be carried out by a labor protection specialist?
Elena RAZUMOVA (Nizhny Novgorod)

The OSH specialist usually controls the issuance and disposal of PPE as follows:

  • checks the period of use of PPE (it is calculated from the moment the PPE is actually issued to the employee);
  • checks the compliance of the issued PPE with the standard issuance standards;
  • takes into account the issuance of PPE in personal cards, manually or electronically.

Ask your question!

If you have a question, ask it now. You will receive the answer in the next issue.

Most Necessary Regulations

Remember the main thing

1 If the worker's profession is not in the standard industry standards for issuing PPE, then he is given PPE according to the standards for cross-cutting professions or according to the standards for typical jobs.

Answer to the question:

BUT! Clause 6 of the Interindustry Rules establish not a general condition, but a special one: “The employer has the right, taking into account the opinion of the elected body of the primary trade union organization or other representative body of workers and his financial and economic situation, to establish norms for the free issuance of special clothing, special footwear and other means of individual protections that improve, in comparison with standard standards, the protection of workers from harmful and (or) hazardous factors present in the workplace, as well as special temperature conditions or pollution.

These norms are approved by local regulations the employer, based on the results of a special assessment of working conditions and taking into account the opinion of the relevant trade union or other body authorized by the employees, and may be included in the collective and (or) labor agreement with an indication of standard standards, in comparison with which the provision of employees with personal protective equipment is improved. "

Thus, this paragraph in its systemic interpretation is devoted to the establishment of additional standards for the issuance of PPE, in excess of the established rules, and it is they that can be enshrined in the LNA, collective or employment contract... But in relation to these norms, there is no mandatory condition for the inclusion of these norms in the employment contract.

Accordingly, when the condition for issuing PPE is included in the local act of the employer or the collective agreement, it is not necessary to duplicate these conditions in the employment contract. In this case, the employer has the right to prescribe all these conditions in the employment contract.

At the same time, we recommend that these norms be included in the employment contract, this will not only remove even potential claims of the GIT, but also remove the questions of employees, and the employer can fix the conditions for the use and return of PPE along with the list of PPE.

In terms of flushing agents, the approach is different: the norms for the issuance of flushing agents must be fixed in an employment contract.

Possible form add. agreements:

A side agreement might look like this:

moscow 22.03.2016

"Alpha", hereinafter referred to as the "Employer", represented by the director of Lvov Alexander Vladimirovich, acting on the basis of the charter, on the one hand, and the cleaning lady Dezhneva Anna Vasilievna, hereinafter referred to as the "Employee", on the other hand, agreed to include in the employment contract dated January 18 2010 № 7 the following changes:

  1. Supplement the Employment Agreement with clauses 2.2., 2.3., 3.8. with the following content:

2.2. The employer, at his own expense, provides the employee with special clothing and footwear in accordance with the Model Norms, approved. Order of the Ministry of Labor of Russia dated 02.08.2013 N 341n (as amended on 02.20.2014) "On Approval of the Model Norms of Free Distribution of Special Clothing, Special Footwear and Other Personal Protective Equipment to Employees of Existing and Under Construction Mines, Open Pits and Organizations of the Coal and Shale Industry Employed work with harmful and (or) hazardous working conditions, as well as performed in special temperature conditions or associated with pollution ":

Name of the profession and / or position of the employee Name of personal protective equipment Issue rate per year (number of units or sets)
cleaner of industrial and office space Suit for protection against general industrial pollution and mechanical stress 1
and a trouser belt before wear
or a blended robe 2
Rubberized apron or apron made of polymeric materials 2
Leather boots with a hard toe or 1 pair
Leather low shoes or 1 pair
rubber ankle boots Two pairs
Cotton footcloths or 12 pairs
cotton socks 12 pairs
Polymer coated cotton gloves 12 pairs
Rubber gloves or gloves made of polymer materials 6 pairs
Cotton shirt 2
Jacket made of blended fabrics with a warm lining 1 to 2 years
Towel before wear

The employer, on a monthly basis, at its own expense, provides the employee with flushing agents and (or) neutralizing agents are provided to employees in accordance with the standard standards for the free issuance of flushing and (or) neutralizing agents to employees in accordance with Appendix No.

Types of flushing and (or) neutralizing agents Name of work and harmful factors Issuance rates for 1 employee for 1 month
Protective equipment
Combined action means Work under alternating exposure to water-soluble and water-insoluble materials and substances specified in paragraphs 1 and 2 of the Model Norms 100 ml.
Means for protection against bacteriologically harmful factors (disinfectants) Work with bacteria hazardous media 100 ml.
2 Cleansers
Soap or liquid detergents

Works related to easily washed off dirt

Body wash

200 g (toilet soap) or 250 ml. (liquid detergent)

300 g of toilet soap or 500 ml. liquid detergent

III. Regenerating, restoring agents
Regenerating regenerating creams, emulsions Work with organic solvents, different kinds dust, including paper, disinfectants, work performed with rubber gloves 100 ml.

P. 2.3. The employer provides at his own expense the washing and cleaning of the special clothing and footwear issued to the employee.

Section 3.8. The employee undertakes to take good care of the special clothing provided to him, to rationally use washing, neutralizing and protective substances.

Upon dismissal before the end of the term for which special clothing and shoes were issued, return the previously issued special. clothing and footwear to the employer or reimburse its residual value according to accounting data.

2. All other terms and conditions of the employment contract dated January 18, 2010. № 7 be considered unchanged and binding by the parties.

3. Present supplementary agreement drawn up in duplicate, one copy each for the Employee and the Employer, and comes into force on March 22, 2013. Both copies are equally valid.

Signatures of the parties:

Note:

Office workers (accountants, economists, etc.) are not required to issue flushing and (or) neutralizing agents in accordance with the Order of the Ministry of Health and Social Development of Russia dated December 17, 2010 N 1122n, since their work is not even associated with easily washed off contamination. This position is reflected in the letter of the Ministry of Labor of Russia dated 06.05.2016 No. 15-2 / OOG-1752; On the issuance of flushing and (or) neutralizing agents to employees: dated 30.08.2016 No. 15-2 / OOG-3095 On the issuance of flushing and (or) neutralizing agents to employees

Details in the materials of the System Personnel:

Answer: How to provide employees with personal protective equipment

Obligation to provide PPE

When is the organization obliged to provide employees with personal protective equipment

The legislation obliges employers to provide their employees (PPE). In particular, the employer is obliged to:

  • purchase at their own expense and give out personal protective equipment to employees free of charge;
  • provide care for personal protective equipment;
  • inform employees about their personal protective equipment;
  • timely issue personal protective equipment.

Such rules are established in paragraphs 6, 9, 13 of part 2 of article 212, part 3 of article 221 Labor Code RF.

Personal protective equipment is issued to employees who perform work:

  • with and (or) working conditions;
  • pollution related.

In addition, in these conditions, personal protective equipment is:

  • employees temporarily transferred to another job;
  • citizens undergoing vocational training or retraining;
  • pupils and students undergoing industrial practice or training;
  • industrial training masters.

Managers and specialists who periodically visit industrial premises and may be exposed to harmful or hazardous production factors, it is necessary to issue personal protective equipment on duty, that is, only for the time of visiting the relevant facilities.

If in production workshops and areas with harmful or hazardous production factors employees of third-party organizations work, then their employer must provide such persons with appropriate protective equipment.

Citizens whom the organization attracts to perform work under civil law contracts, the employer.

Such rules are established in paragraph 6 of part 2 of article 212, article 221 of the Labor Code of the Russian Federation, paragraph 18 of the Interindustry Rules, approved by order of the Ministry of Health and Social Development of Russia dated June 1, 2009 No. 290n.

The procedure for providing employees with PPE

In which document can be fixed the procedure for providing employees with personal protective equipment

The procedure for providing employees with personal protective equipment is fixed in the internal documents of the organization. These internal documents, in particular, may include a collective or labor agreement. This is provided for in paragraph 6 of the Intersectoral Rules, approved by order of the Ministry of Health and Social Development of Russia dated June 1, 2009 No. 290n.

In addition, take into account the requirements of the industry regulations that establish additional documents when formalizing the procedure for the provision of protective equipment. For example, in organizations serving radio relay communication lines, it is recommended to register protection means in the logbook of accounting and content, approved by Order of the Ministry of Communications of Russia No. 148 dated December 25, 2002.

Nina Kovyazina, Deputy Director of the Department of Medical Education and personnel policy in healthcare of the Ministry of Health of Russia

© Material from KCC "Sistema Kadry"
Ready-made solutions for personnel service on www.1kadry.ru
Copy date: 01.06.2017

Situation: Is it necessary to indicate in labor contracts with employees the norms for the issuance of washing or neutralizing agents (about "soap")

Yes, it is, but only in the employment contracts of employees who are engaged in certain jobs.

Employers must purchase and issue at their own expense, as well as flushing and neutralizing agents to employees who perform work:

  • in special temperature conditions;
  • pollution related.

This is provided for in paragraph 7 of part 2 of article 212 and part 1 of article 221 of the Labor Code of the Russian Federation.

Washing and neutralizing agents are issued to employees in accordance with the Occupational Safety Standard, approved by order of the Ministry of Health and Social Development of Russia dated December 17, 2010 No. 1122n. The specified Occupational Safety Standard applies to all employers, regardless of the organizational and legal form and form of ownership (clause 2 of the Occupational Safety Standard, approved by order of the Ministry of Health and Social Development of Russia dated December 17, 2010 No. 1122n). How much exactly it is necessary to issue flushing and neutralizing agents, taking into account the working conditions at the employee's workplace, is indicated in it (clause 9 of the Occupational Safety Standard, approved by order of the Ministry of Health and Social Development of Russia dated December 17, 2010 No. 1122n).

At the same time, at work related to easily washed off contaminants, the employer has the right not to give out flushing agents directly to the employee, but to ensure the availability of soap or dispensers with a liquid flushing agent in the sanitary facilities (clause 20 of the Occupational Safety Standard, approved by order of the Ministry of Health and Social Development of Russia dated 17 December 2010 No. 1122n). This means that the norms for the issuance of detergents do not have to be indicated in the employment contract of such an employee. The Ministry of Labor also explained that if the employer does not issue flushing agents, then it is not necessary to indicate them in the employment contract (letter dated August 18, 2016 No. 15-2 / OOG-3000). In another letter, the agency indicated that office workers do not need to issue cleaning agents. At the same time, it noted that easily washed off pollution includes pollution in which there is enough soap or liquid detergents (letter of the Ministry of Labor of Russia dated May 6, 2016 No. 15-2 / OOG-1752). But in order to completely exclude the claims of the inspectors, specify in the contract that the flushing agents are stored in the washrooms in dispensing devices.

Ivan Shklovets, Deputy Head Federal Service for labor and employment

Best regards and wishes for a comfortable work, Tatiana Kozlova,

expert Systems Personnel

Representatives labor inspectorates recognize a violation of the absence of norms for the issuance of soap in labor contracts with employees.

Attention! You are on the professional site for labor lawyers and HR professionals. Registration may be required to read the article.

In section 10 of the Labor Code, which is devoted to labor protection, in article 212 there is a condition that the employer is obliged to provide personal protective equipment, including the purchase and issuance of washing and disinfecting agents at their own expense.

The employer is obliged to ensure the acquisition and dispensing at his own expense<…> washing and neutralizing agents (paragraph 7, part 2, article 212 of the Labor Code of the Russian Federation).

The same article states that cleaning agents are required for workers employed in jobs with harmful or dangerous working conditions, and in work performed in special temperature conditions or associated with pollution. The company includes a soap clause in the employment contract.

For more details on how to provide workers with detergents, see It is this document that the GIT inspectors refer to when they impose fines on companies.

Useful documents

  • Complaint against the decision of the State Inspectorate for the appointment of a fine to an official

How to prescribe a condition for the issuance of soap in an employment contract

In contracts with employees that fall under the terms of the Labor Code, you can use the following wording about soap and detergents:

“The Employer undertakes to provide the Employee with the required amount of the following flushing and (or) neutralizing substances free of charge:

- _____ ml ___________;

- _____ ml ____________;

- _____ ml ____________ ".

If the employee who is entitled to soap and detergents has been working for a long time, and there is no such condition in the employment contract, an additional agreement to the employment contract must be concluded.

Employees who are employed in jobs involving stubborn or stubborn dirt, in addition to toilet or liquid soaps, should be directly given cleansing creams, gels and pastes (clause 21 of the Standard).

In addition, in order to purchase, issue and write off soap and other detergents, the employer must issue:

  1. The list of workplaces and the list of workers for whom it is necessary to issue washing and neutralizing agents. The list is formed on the basis of standard norms (Appendix No. 1 to Order No. 1122n) and the results of a special assessment of working conditions.
  2. Order on the approval of the norms for the free issuance of washing and neutralizing agents to workers.
  3. Personal registration cards for the issuance of flushing and neutralizing agents(see sample). It is not necessary to keep records of the issuance of soap if the employer does not issue soap directly to the employees, but ensures the availability of soap in the sanitary facilities.

When the soap condition can be omitted from the employment contract

The Labor Code specifies "pollution" without any clarification, and in the order of the Ministry of Health and Social Development, officials use the term "at work associated with easily washed off pollution."

“Cleaning agents are prescribed for workers employed in jobs with harmful and (or) hazardous working conditions. At work performed in special temperature conditions or associated with pollution (paragraph 7, part 2, article 212 of the Labor Code of the Russian Federation) ".

“In works involving easily washed off dirt, cleaning agents are issued in the form of solid toilet soap or liquid detergents.

... also in jobs involving easily washed off contamination, the employer has the right not to provide the employee with cleaning agents directly, but ensures the constant availability of soap or dispensers with a liquid cleaning agent in the sanitary facilities(Clause 20 of the Occupational Safety Standard "Provision of workers with flushing and (or) neutralizing agents" Order of the Ministry of Health and Social Development of Russia dated 17.12.2010 No. 1122n)» .

Formally, it turns out that any employers must prescribe the norms for issuing soap in labor contracts with employees. After all, this standard applies to all employers, regardless of their organizational and legal form.

They do not write about the issuance of soap in an employment contract with an office worker

The Ministry of Labor explained the issue of the rate of issue of soap in an employment contract with office workers. According to officials of the Ministry of Labor, easily washed off pollution includes pollution in which the use of soap or liquid detergents is sufficient to cleanse the pollution in the process labor activity... (letter from the Ministry of Labor of Russia dated 06.05.2016 No. 15-2 / OOG-1752). That is, the employee must get dirty during work in order to be able to clean something. This is hardly an office employee. In the same letter, the Ministry of Labor wrote that for office employees (lawyer, accountant, economist, etc.), the issuance of flushing and disinfecting agents in accordance with the order is not required.

With office workers (work related to easily washed off contamination), the employer may not indicate specific norms for the issuance of soap in the employment contract, but ensure the constant availability of soap or dispensers with a liquid flushing agent in the sanitary facilities (clause 20 of the Occupational Safety Standard approved by order of the Ministry of Health and Social Development Russia of December 17, 2010 No. 1122n). If we are talking about office workers, and not about employees who really work in some specific conditions, it is possible not to write about soap in an employment contract.

Attached files

  • Standard norms for the free issuance of flushing and (or) neutralizing agents to workers.docx

Does the organization need to issue an order "On the approval regulatory documents on providing workers with flushing and neutralizing agents "? Should the provision of flushing and neutralizing agents to workers be prescribed in an employment contract or in a collective agreement? acceptance of these costs in NU?

It is necessary to issue orders in order to approve internal documents on the provision of personal protective equipment.

The employment contract does not have to prescribe a condition for the provision of personal protective equipment to employees. Such a condition must be specified in the collective agreement.

You have the right to issue protective equipment not to every employee, but at the same time it is necessary to comply with the issuance rate, for example, in the order of the Ministry of Labor dated 09.12.14, No. 997Н, it is provided that employees of all professions and positions performing work in areas where in the spring and summer there are massive years of blood-sucking insects or where there is a danger of infection with tick-borne encephalitis, an aerosol is additionally given to protect against midges and midges or a cream in a tube to protect against midges and midges in an amount of at least 400 ml for 1 year.

You can take the costs into expenses without limitation, if only such provision of personal protective equipment is provided for by the standard norms.

1.How to conclude a collective agreement

When developing a collective agreement, one can be guided by the provisions of Article 41 of the Labor Code of the Russian Federation. It contains indicative list issues that can be settled by the collective agreement: *
? forms, systems and amounts of wages;
? payment of benefits, compensations;
? a mechanism for regulating wages, taking into account the rise in prices, the level of inflation;
? employment, retraining, conditions for the release of employees;
? working hours and hours of rest, including issues of granting and duration of holidays;
? improvement of working conditions and safety of employees, including women and youth; *
? observance of the interests of employees during the privatization of state and municipal property;
? environmental safety and health protection of employees in production; *
? guarantees and benefits for employees who combine work with training;
? rehabilitation and recreation of employees and their families;
? partial or full payment for meals for employees;
? control over the implementation of the collective agreement;
? the procedure for making changes and additions to the collective agreement;
? responsibility of the parties to the collective agreement;
? refusal to strike if the relevant conditions of the collective agreement are met.

Depending on the purpose of the parties' entry into collective bargaining each of the listed issues can be fixed in the agreement in the form of a special section. For more details on the approximate content of each of the sections, see the table.

In addition to the above, other issues may be settled in the collective agreement. For example, the relevant sections may provide additional guarantees for persons with family responsibilities and large employees, non-state pension provision for employees, insurance for employees, payment mobile communications and travel to public transportholding corporate events And so on.*

From the reference

Information or terms of the employment contract Content of an employment contract Base
General information Surname, name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract par. 2 hours 1 tbsp. 57 of the Labor Code of the Russian Federation
Information about the identity documents of the employee and employer - an individual par. 3 hours 1 tbsp. 57 of the Labor Code of the Russian Federation
Employer's TIN (except for employers - individualswho are not entrepreneurs) par. 4 h. 1 tbsp. 57 of the Labor Code of the Russian Federation
Information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with such powers (charter, power of attorney, order) par. 5 h. 1 tbsp. 57 of the Labor Code of the Russian Federation
Place and date of conclusion of the employment contract par. 6 h. 1 tbsp. 57 of the Labor Code of the Russian Federation
Mandatory conditions Place of work. If an employee is hired to work in a branch, representative office or other separate structural unit located in another locality, then this structural unit and its location (address) are indicated par. 2 h. 2 tbsp. 57 of the Labor Code of the Russian Federation
Labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; specific species the work assigned to the employee) par. 3 h. 2 tbsp. 57 of the Labor Code of the Russian Federation
Start date of work. If a fixed-term employment contract is concluded, then the period of its validity and the reasons that served as the basis for its conclusion are indicated
Terms of remuneration (the size of the wage rate or salary of the employee, additional payments, allowances and incentive payments) par. 5 h. 2 tbsp. 57 of the Labor Code of the Russian Federation
Working hours and rest hours, if for an employee it differs from general rulesfor this employer par. 6 h. 2 tbsp. 57 of the Labor Code of the Russian Federation
Compensation for hard, harmful, hazardous work, if an employee is hired in such conditions, indicating the characteristics of working conditions at the workplace par. 7 h. 2 tbsp. 57 of the Labor Code of the Russian Federation
Conditions that determine the nature of work (mobile, traveling, on the road) par. 8 h. 2 tbsp. 57 of the Labor Code of the Russian Federation
Working conditions in the workplace par. 9 h. 2 tbsp. 57 of the Labor Code of the Russian Federation
Obligatory pension (social, health) insurance condition par. 10 h. 2 tbsp. 57 of the Labor Code of the Russian Federation
Additional terms About specifying the place of work (indication structural unit and its location) or about the workplace par. 2 hours 4 tbsp. 57 of the Labor Code of the Russian Federation
About the test (if any) par. 3 hours 4 tbsp. 57 of the Labor Code of the Russian Federation
On non-disclosure of secrets protected by law (state, official, commercial and other) par. 4 h. 4 tbsp. 57 of the Labor Code of the Russian Federation
On the employee's obligation to work after training for at least the period established by the contract if the training was carried out at the expense of the employer par. 5 h. 4 tbsp. 57 of the Labor Code of the Russian Federation
On the types and conditions of additional employee insurance

7. Employees of all professions and positions, performing work in areas where in the spring-summer period there is a massive year of blood-sucking insects or where there is a danger of infection with tick-borne encephalitis, are additionally issued: * a suit for protection against harmful biological factors with a period of wearing 1 pc. for 3 years, as well as a set of repellents: aerosol to protect against midges and midges or cream in a tube to protect against midges and midges in an amount of at least 400 ml for 1 year, * aerosol for protection against ticks in an amount of at least 100 ml per 1 year, after bites remedy (balm) - at least 100 ml for 1 year.

4. Article 212 of the Labor Code of the Russian Federation. Obligations of the employer to ensure safe conditions and labor protection

The employer is responsible for ensuring safe working conditions and labor protection.

The employer is obliged to provide: *

safety of workers during the operation of buildings, structures, equipment, implementation technological processes, as well as used in the production of tools, raw materials and materials;

creation and functioning of the labor protection management system;

application of those that have passed mandatory certification or declaration of conformity in accordance with the legislation Russian Federation on the technical regulation of the procedure for the means of individual and collective protection of workers;

working conditions corresponding to labor protection requirements at each workplace;

the work and rest regime of employees in accordance with labor legislation and other regulatory legal actscontaining labor law norms;

purchase and issuance of special clothing, special footwear and other personal protective equipment, flushing and neutralizing agents, which have undergone mandatory certification or declaration of conformity in accordance with the procedure established by the legislation of the Russian Federation on technical regulation, in accordance with the established norms to workers employed in work with harmful and (or) hazardous working conditions, as well as at work performed in special temperature conditions or associated with pollution; *

5. We draw up the Regulation on the issuance of personal protective equipment: mandatory paragraphs of the document

Whom to entrust the preparation of the Regulation

Of course, for those who know the rules and regulations for issuing PPE - labor protection specialist... In a small organization, this can be done by an employee responsible for providing OSH briefings. But, by and large, it does not matter who exactly will be entrusted with drawing up a local act on PPE. The main thing is that the document is drawn up correctly, takes into account all the current standard norms and rules, regulates all aspects of the work of PPE in a particular company.

On large enterprises the development of the Regulation is entrusted not to one person, but to a group, which includes representatives of all interested departments. To do this, it is enough to issue an order or order indicating the composition of the group, the duties of its members and the timing of drawing up the Regulation. The section on the norms for issuing PPE can be assigned to a labor protection specialist, on the procedure for issuing - to the head of the structural unit (workshop, service, warehouse), where the issuance of overalls will be carried out, on the features of writing off PPE - to the accounting representative. Then the project is brought up for discussion, coordinated with the trade union (if any), and then put into effect by order of the head. *

We prescribe in the employment contract a clause on the issue of special clothing and other protective equipment, the issue of washing and neutralizing agents. Is it mandatory to list all of them in the TD, or can you make a link to an internal document of the labor protection service? In general, what is the best way to prescribe all this? Thanks!

Answer

Answer to the question:

The procedure for providing employees with personal protective equipment is fixed in the internal documents of the organization. These internal documents, in particular, may include a collective or labor agreement. This is provided for in the Interindustry Regulations approved.

The employer is obliged to ensure that employees are informed about the PPE they are entitled to. When conducting introductory briefing the employee must be familiar with these Rules, as well as with the standard standards for the issuance of PPE corresponding to his profession and position (clause 9 of the Interindustry Rules, approved (as amended on 12.01.2015) personal protective equipment. ”From the literal interpretation of this norm, it can be concluded that it is enough for the employee to familiarize himself with the rules for issuing PPE to him, if these norms are enshrined in another act of the employer (for example, if they are enshrined in a collective agreement). a contract with an employee regarding special clothing or footwear may also be a reference point to local act employer.

At the same time, we adhere to the point of view that it is advisable to provide for all PPE precisely in an employment contract with a specific employee. At the same time, in terms of flushing or neutralizing agents, there is a direct indication in the safety standard (Occupational Safety Standard, approved) that it is necessary to indicate these standards in the employment contract with the employee.

A side agreement might look like this:

SUPPLEMENTARY AGREEMENT No. 1
to the employment contract from January 18, 2010 7

Moscow 22.03.2013

"Alpha" , we call and I hereinafter "Employer", represented by Director Lvov Alexander Vladimirovich , acting on the basis charter , on the one hand and cleaning lady Dezhneva Anna Vasilievna , we call and I in the future, "Employee", on the other hand, agreed to include in the employment contract from January 18, 2010 7 the following changes:

  1. Supplement the Employment Agreement with clauses 2.2., 2.3., 3.8. with the following content:

2.2. The employer, at his own expense, provides the employee with special clothing and footwear in accordance with the Model Norms, approved. Order of the Ministry of Labor of Russia dated 02.08.2013 N 341n (as amended on 02.20.2014) "On Approval of the Model Norms of Free Distribution of Special Clothing, Special Footwear and Other Personal Protective Equipment to Employees of Existing and Under Construction Mines, Open Pits and Organizations of the Coal and Shale Industry Employed work with harmful and (or) hazardous working conditions, as well as performed in special temperature conditions or associated with pollution ":

Name of the profession and / or position of the employee Name of personal protective equipment Issue rate per year (number of units or sets)
industrial and office cleaner Suit for protection against general industrial pollution and mechanical stress 1
and a trouser belt before wear
or a blended robe 2
Rubberized apron or polymeric apron 2
Leather boots with a hard toe or 1 pair
Leather low shoes or 1 pair
rubber ankle boots Two pairs
Cotton footcloths or 12 pairs
cotton socks 12 pairs
Polymer coated cotton gloves 12 pairs
Rubber gloves or gloves made of polymer materials 6 pairs
Cotton shirt 2
Jacket made of blended fabrics with a warm lining 1 to 2 years
Towel before wear

The employer, on a monthly basis, at its own expense, provides the employee with flushing agents and (or) neutralizing agents are provided to employees in accordance with the standard standards for the free issuance of flushing and (or) neutralizing agents to employees in accordance with Appendix No.

Types of flushing and (or) neutralizing agents Name of work and harmful factors Issuance rates for 1 employee for 1 month
Protective equipment
Combined action means Work under alternating exposure to water-soluble and water-insoluble materials and substances specified in paragraphs 1 and 2 of the Model Norms 100 ml.
Means for protection against bacteriologically harmful factors (disinfectants) Work with bacteria hazardous media 100 ml.
2 Cleansers
Soap or liquid detergents

Works related to easily washed off dirt

Body wash

200 g (toilet soap) or 250 ml. (liquid detergent)

300 g of toilet soap or 500 ml. liquid detergent

III. Regenerating, restoring agents
Regenerating regenerating creams, emulsions Work with organic solvents, various types of dust, including paper dust, disinfectants, work performed with rubber gloves 100 ml.

P. 2.3. The employer provides at his own expense the washing and cleaning of the special clothing and footwear issued to the employee.

Section 3.8. The employee undertakes to take good care of the special clothing provided to him, to rationally use washing, neutralizing and protective substances.

Upon dismissal before the end of the term for which special clothing and shoes were issued, return the previously issued special. clothing and footwear to the employer or reimburse its residual value according to accounting data.

2. All other conditions of the employment contract from January 18, 2010 7 be considered unchanged and binding by the parties.

3. This supplementary agreement is made in two copies, one copy for the Employee and the Employer, and shall enter into force on March 22, 2013 ... Both copies are equally valid.

Signatures of the parties:

22.03.2013

Details in the materials of the System Personnel:

1. Answer: Is it necessary to indicate in labor contracts with employees the norms for the issuance of flushing or neutralizing agents

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

Yes, it is, but only in the employment contracts of employees engaged in the relevant types of work.

Employers should purchase and issue at their own expense, as well as flushing and neutralizing agents to employees performing work:

  • with harmful or dangerous working conditions;
  • in special temperature conditions;
  • pollution related.

At the same time, at work related to easily washed off contamination, the employer has the right not to provide the employee with flushing agents directly, but to ensure the constant availability of soap or dispensers with a liquid flushing agent in the sanitary facilities (Labor Safety Standard, approved). This means that the norms for the issuance of detergents do not have to be indicated in the employment contract of such an employee. Nevertheless, the failure to specify the norms for issuing detergents in the employment contract may cause certain problems for the employer, since:

  • the concept of "work associated with easily washed off pollution" is not enshrined in legislation;
  • the employer must organize proper accounting and control over the issuance of flushing and neutralizing agents to employees and record their issuance in the (Occupational Safety Standard, approved).

In other words, the employer must limit the list of employees who are given flushing products free of charge. And when placing detergents in public sanitary facilities, the meaning of such a restriction is lost.

Thus, the norms for the issuance of flushing agents must be indicated in all employees performing the relevant types of work in accordance with approved. Forbidden documents in personnel service
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