The procedure for providing employees with personal protective equipment. Providing employees with personal protective equipment
The procedure for providing employees with special clothing, special footwear and other personal protective equipment
In accordance with Article 221 of the Labor Code of the Russian Federation, at work with harmful and (or) dangerous conditions work, as well as for work performed in special temperature conditions or associated with pollution, certified special clothing, special footwear and other personal protective equipment, as well as washing and (or) neutralizing agents in accordance with the standard standards that are established in the order determined by the Government of the Russian Federation.
The employer, at his own expense, is obliged, in accordance with the established norms, to ensure the timely issuance of special clothing, special footwear and other personal protective equipment, as well as their storage, washing, drying, repair and replacement.
The employer is obliged to ensure the use of personal and collective protective equipment for employees.
If the employee is not provided with the means of individual and collective protection in accordance with the established norms, the employer has no right to demand that the employee perform his job duties and is obliged to pay for the downtime that arose for this reason in accordance with the Labor Code of the Russian Federation.
In solving the issues of providing workers with overalls, footwear and other personal protective equipment, it is necessary to be guided by the Labor Code of the Russian Federation, the decree of the Ministry of Labor of 12/18/98, No. 51 "On approval of the Rules for providing workers with special clothing, special shoes and other personal protective equipment" (taking into account changes and additions), Standard industry norms for the free issuance of overalls, safety footwear and other personal protective equipment, the Tax Code of the Russian Federation.
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 its financial and economic situation, to establish norms for the free distribution of special clothing, special footwear and other personal protective equipment to workers, which improve, in comparison with standard norms, the protection of workers from those available to workers. places of harmful and (or) dangerous factors, as well as special temperature conditions or pollution.
The names of the professions of workers and positions of specialists and employees provided for in the Model Industry Norms (OET) are indicated in accordance with the Unified Tariff and Qualification Reference Book of Work and Professions of Workers, Qualification handbook professions of workers, who are set monthly salaries, the Qualification handbook of positions of managers, specialists and employees.
Employees whose professions and positions are provided for in the Model Norms for the Free Issuance of Special Clothing, Special Shoes and Other Personal Protective Equipment to employees of cross-cutting professions and positions in all sectors of the economy, personal protective equipment is issued regardless of which industries, workshops and areas they work, unless these professions and positions are specifically provided for in the relevant Model Industry Regulations.
In some cases, in accordance with the specifics of production, the employer may, in agreement with the state labor protection inspector and the relevant trade union body or other representative body authorized by employees, replace one type of personal protective equipment provided by the OET with another that provides full protection from hazardous and harmful production factors.
In cases where personal protective equipment such as a signal vest, safety belt, dielectric galoshes and gloves, a dielectric rubber mat, goggles and shields, a respirator, a gas mask, a protective helmet, a comforter, a mosquito net, a helmet, shoulder pads, elbow pads, self-rescuers ( including an emergency rescue vehicle of the "Phoenix" protective hood, a universal gas and smoke protection kit, and others), antiphones, plugs, noise-protective helmets, light filters, vibration-resistant gloves and others, not listed in the TON, they can be issued by the employer to employees on the basis of certification workplaces, depending on the nature of the work performed, with a period of wear - until wear or as duty and may be included in collective agreements and agreements.
Expenses for the purchase of overalls, safety footwear and other PPE are recorded for tax purposes in accordance with the Tax Code of the Russian Federation, Part II. The basis for determining the amount of expenses is the standard industry norms for the free issuance of special clothing, special footwear and other personal protective equipment to employees.
In accordance with article 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure that employees are informed about the personal protective equipment they are entitled to.
When concluding an employment contract, the employer acquaints employees with the Rules for providing employees with special clothing, special shoes and other personal protective equipment, as well as the rules for issuing personal protective equipment to them.
Employees must use personal protective equipment correctly and treat them with care, inform the employer in a timely manner about the need for dry cleaning, washing, drying, repair, degassing, decontamination, disinfection, neutralization and dust removal of special clothing, as well as drying, repair, degassing, decontamination, disinfection, neutralization of special footwear and other personal protective equipment.
Labor disputes regarding the issue and use of personal protective equipment are considered in established order.
Responsibility for the timely and full provision of employees with personal protective equipment, for organizing control over the correctness of their use by employees lies with the employer in the manner prescribed by law.
Control over the implementation by the employer of the Procedure for providing workers with overalls, footwear and other personal protective equipment is carried out by the State Labor Inspectorate in the Nizhny Novgorod Region, the joint committee (commission) on labor protection, trade unions and other authorized representative bodies.
The procedure for choosing, purchasing personal protective equipment, their acceptance and storage
When choosing PPE, it is necessary, in addition to regulatory documents, to be guided by the principle: conformity of protection to the degree of danger.
The choice of PPE is carried out taking into account: the nature of production, working conditions, the characteristics of the work performed.
When choosing PPE, it is necessary to consider:
- the degree and duration of contact of workers with hazardous and harmful production factors;
- value physical activity when performing production operations.
When choosing PPE, a thorough examination of working conditions is necessary, in particular when certifying workplaces.
Having studied the results of the examination of working conditions, especially when starting up new equipment, when introducing a new technological process, workers of labor protection departments, together with occupational health doctors, develop recommendations on the optimal choice of PPE.
For the correct and competent choice of PPE in relation to specific conditions, one should use GOSTs and TUs, which contain their main technical, protective and performance characteristics.
The provision of overalls, special footwear and other PPE is carried out by the logistics service (or by the person performing these functions) on the basis of requests from the heads of structural divisions.
In subdivisions, applications are drawn up in accordance with the norms for the free distribution of special clothing, special shoes and other personal protective equipment approved by the head of the organization. The subdivisions' applications for special clothing and special footwear (separately for men and women) indicate: the names of workwear, special footwear, GOSTs, OSTs, TUs, models, protective impregnations, fabric colors, sizes, height, and for helmets and safety belts - standard sizes.
Prepared applications from structural divisions are coordinated with the labor protection service (labor protection specialist) and are submitted to the organization's procurement department.
Acceptance of each batch of purchased personal protective equipment must be carried out by a commission consisting of representatives of the employer and representatives of a trade union or other body authorized by employees, or by a joint committee (labor protection commission). At the same time, the compliance of the received PPE with the applications is checked.
The acceptance commission draws up an act on the quality of the received PPE (acceptance certificate).
Each batch must be accompanied by a copy of the certificate of conformity, certified by the blue seal of the certification body or the owner of the certificate, indicating the scope of delivery and batch number. Acceptance from suppliers of PPE without a certificate of conformity is not allowed.
The manufacturer (supplier) is obliged to provide the consumer with information in Russian:
- Name of product,
- country and manufacturer,
- application area,
- rules of care and safe use,
- basic consumer characteristics,
- date of manufacture,
- best before date,
- designation regulatory documents(GOST, TU),
- information about certification,
- address of the manufacturer and seller.
For storage of personal protective equipment issued to employees, the employer provides specially equipped rooms (dressing rooms) in accordance with the requirements of building codes and regulations.
It is advisable at each enterprise to allocate specialized storage facilities for the storage of PPE, in which it is recommended to have two storerooms: one for new PPE, the other for used ones. PPE received at the organization's warehouses should be stored in separate dry rooms, isolated from any other items and materials and sorted by type, size, height and protective properties.
Special clothing made of rubberized fabrics and rubber shoes should be stored in darkened rooms at temperatures from +5 to + 20 degrees and relative humidity of 50-70 percent, at a distance of at least one meter from heating systems.
Safety belts should be stored suspended or laid out on racks.
Emergency overalls, safety footwear and other PPE are stored in special cabinets or separately allocated rooms under a seal or seal.
The composition and number of emergency kits, as well as the place of their storage, are determined by the head of the department.
In the cabinets where emergency kits are stored, there must be an inventory of PPE.
Warm special clothing and footwear accepted for storage must be thoroughly cleaned of dirt and dust, dried, repaired and periodically inspected during storage.
The procedure for issuing personal protective equipment
Individual protective equipment issued to employees must correspond to their gender, height and size, the nature and conditions of the work performed, and ensure occupational safety. In accordance with article 215 of the Labor Code of the Russian Federation, personal protective equipment for workers, including those of foreign manufacture, must comply with the labor protection requirements established in Russian Federation, and have certificates of conformity. The acquisition and issuance of personal protective equipment to employees that do not have a certificate of conformity is not allowed.
At the end of the work, employees are prohibited from taking personal protective equipment outside the organization. In some cases, where, according to the working conditions, the specified procedure cannot be observed (for example, at logging, at geological works and others), personal protective equipment may remain with employees during non-working hours, which may be stipulated in collective agreements and agreements or in the internal labor regulations.
The employer is obliged to organize proper accounting and control over the issuance of personal protective equipment to employees in a timely manner.
The issuance of personal protective equipment to employees and their delivery must be recorded in the employee's personal card.
One of the details (breast pocket, sleeve, back, etc.) of the issued special clothing is stamped with an indelible, contrasting color stamp of the organization (logo).
Personal protective equipment on duty for collective use provided for in the OET should be issued to employees only for the duration of the work for which they are provided, or can be assigned to certain workplaces (for example, sheepskin coats - at outdoor posts, dielectric gloves - at electrical installations, etc. .) and transferred from one shift to another. In these cases, personal protective equipment is issued under the responsibility of the master or other persons authorized by the employer.
Warm special clothes and warm special shoes provided for in TON (suits with insulating lining, jackets and trousers with insulating lining, fur suits, sheepskin coats, felt boots, hats with earflaps, fur mittens, etc.) should be issued to employees with the onset of the cold season, and with the onset of warm weather, they can be handed over to the employer for organized storage until next season. The time for using warm special clothing and warm special footwear is established by the employer in conjunction with the relevant trade union body or other representative body authorized by employees, taking into account local climatic conditions.
Students of any form of education, students of general education and educational institutions initial vocational education, students of educational institutions of higher and secondary vocational education during the period of practical training (industrial training), industrial training masters, as well as workers temporarily performing work in professions and positions stipulated by the standard industry norms, for the duration of this work, means of individual protections are issued in accordance with the generally established procedure.
Foremen, foremen, performing the duties of foremen, assistants and assistants of workers whose professions are provided for in the corresponding OET, are issued the same personal protective equipment as workers of the corresponding professions.
Workers combining professions or constantly performing combined work, including in complex teams, in addition to the personal protective equipment issued to them for the main profession, should additionally be issued, depending on the work performed, other types of personal protective equipment provided for by the OET for the combined profession.
The procedure for using personal protective equipment
In accordance with Article 214 of the Labor Code of the Russian Federation, during work, employees are required to correctly use the personal protective equipment issued to them. The employer takes measures to ensure that employees during work actually use the personal protective equipment issued to them. Employees should not be allowed to work without personal protective equipment provided for in the OET, in faulty, not repaired, contaminated special clothing and special shoes, as well as with faulty personal protective equipment.
The terms of use of personal protective equipment are calculated from the date of their actual issuance to employees. At the same time, the time of wearing warm special clothes and warm special shoes includes the time of its storage in warm time of the year.
Special clothing and special footwear returned by workers after the expiration of the wearing period, but still fit for further use, can be used as intended after washing, cleaning, disinfection, degassing, decontamination, dust removal, neutralization and repair.
When issuing to workers such personal protective equipment as respirators, gas masks, self-rescuers, safety belts, mosquito nets, helmets and some others, the employer must ensure that workers are instructed on the rules of use and the simplest methods of checking the serviceability of these means, as well as training in their use.
The employer provides regular testing and inspection of the serviceability of personal protective equipment (respirators, gas masks, self-rescuers, safety belts, mosquito nets, helmets, etc.) in accordance with the established GOST terms, as well as timely replacement of filters, glasses and other parts of personal protective equipment with reduced protective properties. After checking the serviceability on personal protective equipment, a mark (stamp, stamp) should be made on the timing of the subsequent test.
Personal protective equipment care procedure
The employer organizes proper care of personal protective equipment and their storage, timely carries out dry cleaning, washing, repair, degassing, decontamination, decontamination and dust removal of special clothing, as well as repair, degassing, decontamination and disposal of special footwear and other personal protective equipment.
For these purposes, the employer may issue to employees 2 sets of special clothing provided for by the OET, with a doubled wear period.In cases where this is required by production conditions, dryers for special clothing and special shoes, cameras for dust removal of special clothing and installations for degassing, decontamination and neutralization of personal protective equipment.
The employer is obliged to replace or repair special clothing and special footwear that have become unusable before the end of the wearing period for reasons beyond the control of the employee.
In case of loss or damage of personal protective equipment in the established places of their storage for reasons beyond the control of employees, the employer is obliged to provide them with other serviceable personal protective equipment.
The Labor Code of the Russian Federation quite clearly defines what protective equipment should be at the enterprise. Many will say that sand, a shovel and a hook should only be in those buildings where work is carried out involving open fire, high voltage and other dangerous factors. This is a completely erroneous opinion. Protective equipment may be needed in any room. Even if you have an accounting company, and your employees do not have any tools besides a pen, you still need to have primary protective equipment, a fire extinguisher, gas masks, etc. After all, even accountants use electricity, which enters the offices through wiring, which can malfunction and catch fire.
In a word, one should not argue about the need for this or that rule or regulation in relation to the provision of an enterprise with personal protective equipment, the most logical thing is to simply take and execute them, thereby ensuring complete safety for both yourself and your employees.
What applies to personal protective equipment
Personal protective equipment is certain devices that ensure the safety of workers under certain harmful and dangerous exposures, which can be short-term (due to accidents and incidents) and permanent (harmful working conditions).
Personal protective equipment primarily includes clothing special purpose, these are robes, hats, overalls, jackets and trousers, suits, mittens, sheepskin coats and sheepskin coats. Also, specialized clothing includes different kinds footwear, these are boots, galoshes, ordinary or dielectric, depending on the working conditions. Goggles, respirators, protective masks, gas masks, helmets, hard hats, and much more are auxiliary protective equipment that sometimes have greater degree importance than clothing.
Every employee who is engaged in hazardous production, or works in special working conditions, should be provided with flushing agents and disinfecting solutions. These include sometimes ordinary soap, which is given to employees in a certain amount. For example, workers in the slaughterhouse of a poultry farm are supposed to give out 2 pieces of toilet paper and 1 piece laundry soap per month.
And so it happens, but recently I witnessed that no soap was found in the service premises of the fighters. They washed away blood and dirt with just water, and they successfully carried the soap home, as if it were a great jewel. As a result, salmonella entered the blood of several employees through small cuts on the hands. Fortunately, doctors discovered this very quickly at regular check-ups. Now in the locker rooms of the fighters there are CCTV cameras so that the clever comrades do not engage in theft and use the issued personal protective equipment.
By the way, both clothes and footwear, which are issued in accordance with safety rules, are often taken out of the enterprise in the same way, taken to the dacha and used there as work clothes. This is just a scourge of provincial (and not only) cities, so it is important not only to issue personal protective equipment, but also to check whether workers use them during work, and also to make sure that nothing is carried away outside the territory of the enterprise.
The rules for the issuance and use of personal protective equipment can be studied independently, they are set out and approved on June 1, 2009 by the Order of the Ministry of Health and social development RF, document number 290. And in them you will see a clear wording: legal entities and individuals who are the owners of industries of any nature, regardless of the type of activity and form of ownership, must comply with these rules. The norms for the issuance of detergents or disinfectants can be seen in the Order of the same Ministry of Health and Social Development dated October 17, 2010, No. 1122n.
It is possible to finally approve the standards and schedules for the issuance of personal protective equipment after the certification of workplaces, which we have already talked about in our articles. Different spheres activities, different character work requires the issuance of various personal protective equipment. By the way, the employer can make adjustments to the list of personal protective equipment, but not reduce it. Supplements and slight changes are possible. At the same time, if a trade union operates in a given industry, then changes must be coordinated with it. Since the law only provides for the improvement of working conditions, the trade unions, as a rule, agree to changes in the employer.
The company must have a document that establishes the standards for the issuance of personal protective equipment, this is an order and a schedule for issuing. This document is always accompanied by rules for the use of PPE by the employee, the storage procedure, as well as liability for damage or loss of the issued property. Each employee who is hired must be familiar with these rules, sign them in the prescribed manner and strictly observe. Upon receipt of new sets of protective equipment, he signs in the log book.
For each employee, the health and safety inspector creates a personal card, which indicates the height of the employee, his body, head, leg measurements, as well as a set of personal protective equipment corresponding to the scope of work performed.
Common funds must also be provided by the employer to its employees. This is signal clothing, for example - vests, a harness for belaying, a dielectric kit - gloves, galoshes, a rug, as well as protective goggles of all types, helmets, shields, in a word, everything that is determined by the certification of workplaces, and which can be used collectively, not constantly, as needed.
Obligations of the employer in terms of providing personal protective equipment
When purchasing personal protective equipment, the employer is obliged to check whether their mandatory certification has been carried out, whether they have passed tests, declarations, in accordance with all the rules, in accordance with the Federal Law "On Technical Regulation". If such measures have not been carried out, then there are two ways - to refuse such a batch of PPE or to carry out testing and certification on their own. Many people choose the first option, but if the cost in the second option turns out to be significantly lower, then there are those who decide to carry out independent work... But there is a serious risk here, because it is not known whether the commission recognizes the PPE data as fit for use.
The employer is obliged to organize strict accounting for the issuance of personal protective equipment to its employees, in compliance with the schedule. The delivery of employees is also carefully organized. special means... All movements of property are recorded in cards, which are filled in in a specific form, which can be found in the Appendix to the Rules, which we have already talked about. The only indulgence that the law makes is that keeping cards is allowed in electronic form.
The employer is obliged to conduct regular briefings on the use of PPE for both new employees and permanent employees who have worked for a certain period. Briefings are also held for those who are hired temporarily or under a contract, whose activities are related to the use of personal protective equipment. At such briefings, workers are taught how to wear certain protective items, how to quickly put on in critical cases, how to check the serviceability, what to do if the integrity of the protective equipment is violated or it becomes unusable.
And one more important direction in this work is conducting trainings on the use and use of personal protective equipment, that is, the practical development of skills. It is clear that there is no need to practice wearing a robe, but a respirator, mask, goggles, galoshes, etc., for some represent a kind of riddle, which is quite surprising. Sometimes I had to observe rather absurd situations at such trainings. Someone took off their shoes in order to put on dielectric galoshes, someone took off their prescription glasses to put on protective glasses and start working. Therefore, trainings are needed, and the most elementary things have to be explained. You need to be ready for this, so that in the future in a critical situation your employee does not start doing outright stupid things, but comes out of a difficult situation with honor.
In addition to all of the above, the employer is obliged to issue, change and repair at his own expense failed protective equipment even before the end of the planned operation. If PPE disappeared for reasons beyond the control of the employees, then the employer is obliged to issue new ones (now it is clear why they put video cameras?). Also, the owner of the enterprise is obliged to carry out tests, check the serviceability of protective equipment, after which a stamp is affixed, a stamp, with the date of work.
Care, storage, dry cleaning, degassing, washing, disinfection, decontamination, drying, dust cleaning of personal protective equipment lies with the employer, that is, everything should be done by his forces and at his expense. For the smooth implementation of these measures, employees are issued a spare set of personal protective equipment immediately, and the term of their use in the documents is doubled. To carry out the listed activities, specialized companies are involved that have all the resources for high-quality care for PPE.
In addition to all of the above, employers are obliged to provide employees with dressing rooms, where there are specially equipped places for storing protective equipment in accordance with all the rules. He is also obliged to ensure that all work at the enterprise is carried out using personal protective equipment, if an employee violates this requirement, then he must be suspended from work with subsequent punishment. The same thing happens when using faulty PPE, contaminated, with expired exploitation.
The employee, seeing these violations, must also take measures to preserve his health, that is, refuse to perform work, stating the reason for the refusal in writing. If such a fact is revealed, then the employer is obliged to eliminate the deficiencies and issue the employee a new set of personal protective equipment, and only then demand the performance of work.
E. Shchugoreva
The following video provides answers to some of the health and safety issues at the enterprise:
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35. The procedure for providing employees of the enterprise with special clothing, special footwear and other personal protective equipment
At work with harmful and (or) hazardous working conditions, as well as at work performed in especially temperature conditions or associated with pollution, workers are issued with certified personal protective equipment, washing and neutralizing agents in accordance with the standards approved in the manner established by the Government of the Russian Federation. Federation.
The acquisition, storage, washing, cleaning, repair, disinfection and neutralization of personal protective equipment for employees is carried out at the expense of the employer.
The employer is obliged to ensure the purchase at his own expense and the issuance of special clothing, special footwear and other personal protective equipment, washing and neutralizing agents in accordance with the established standards to employees engaged in work with harmful or hazardous working conditions, as well as in work performed in special temperature conditions or associated with pollution.
The employee is obliged to use the means of individual and collective protection correctly ...
Personal protective equipment for workers (PPE) must meet the following general requirements:
- to prevent or reduce the impact of harmful and hazardous production factors;
- protective equipment should not be a source of harmful or dangerous production factors;
- protective equipment is assessed according to protective indicators;
- PPE is used only in the absence of effective collective protection.
Free overalls, safety footwear and protective devices are issued to workers and employees to protect:
a) from pollution at work, causing increased dust emission, with substances that stain and corrode the skin: lime, cement, paints, acids, alkalis, leaded gasoline, etc.;
b) from splashes of molten metal during electric and gas welding;
c) from burns and other thermal effects when working in high temperature conditions;
d) from hypothermia of the body when working in conditions of low temperature;
e) from bodily harm when working on machines and mechanisms;
f) from dampness and moisture when working in water and high humidity air;
g) from defeat electric shock;
h) from falling when working at height;
and from harmful effects on the eyes of light (during electric welding) and other radiation, etc.;
j) from the harmful effects of gases and vapors on the skin and internal organs of the worker.
The following personal protective equipment may be used at the enterprise:
Special clothing:
- overalls, semi-overalls;
- jackets, trousers, suits, robes, raincoats, short fur coats, sheepskin coats;
- aprons, vests, arm ruffles.
Special footwear.
Hand protection:
- mittens, gloves.
Head protection:
- helmets, helmets, comforters, hats.
Face protection:
- protective masks, protective shields.
Respiratory protection:
- gas masks, respirators.
Protective glasses.
Safety devices:
- safety belts;
- dielectric rugs;
- hand grips, manipulators;
- elbow pads, shoulder pads.
Hearing protection:
- anti-noise helmets, headphones, earbuds.
Dermatological protective agents:
- washing creams, pastes, ointments.
The employer is obliged to provide storage, washing, drying, disinfection, degassing, decontamination and repair of special clothing, special footwear and other personal protective equipment issued to employees in accordance with established standards.
When organizing work to provide employees of the enterprise with personal protective equipment, it is necessary to be guided by the following documents:
- Standard industry norms for the free distribution of special clothing, special footwear and other personal protective equipment to employees, approved by the decrees of the Ministry of Labor and Social Development of the Russian Federation;
- materials of certification of workplaces for working conditions;
- materials for the analysis of industrial injuries and occupational morbidity for the previous period;
- The rules for providing workers with special clothing, special footwear and other personal protective equipment, approved by the decree of the Ministry of Labor and Social Development of the Russian Federation.
New Interindustry rules for providing workers with special clothing, special footwear and other personal protective equipment (hereinafter referred to as the Rules) have been introduced. In this article, we will focus not only on the most important provisions of this document, but also talk about the features of its practical application.
PURPOSE OF NEW RULES
The adoption of the Rules is, first of all, another step towards improving the regulatory framework in the field of labor protection. The document we are considering establishes mandatory requirements to the acquisition, issue, use, storage and care of personal protective equipment (hereinafter - PPE). Its requirements apply to employers - legal and individuals regardless of their organizational and legal forms and forms of ownership.
The Rules consider the procedure for issuing, using and storing protective equipment, as well as the procedure for caring for them. In addition, the Rules established the form of a personal record card for issuing PPE. Such a card is entered by the employer for each employee who is supposed to be issued with special clothing, footwear or other personal protective equipment.
PROVISION OF EMPLOYEES WITH PROTECTIVE EQUIPMENT
In accordance with the Rules, the authority to provide employees with PPE is vested in employers. The employer, in particular, is obliged to ensure the acquisition and issuance of protective equipment to workers engaged in work:
- with harmful or hazardous working conditions;
- performed in special temperature conditions;
- pollution related.
The purchase of protective equipment is carried out at the expense of the employer, including for temporary use (under a lease agreement).
The employer must ensure periodic tests and checks of the serviceability of protective equipment, as well as the timely replacement of parts of PPE with reduced protective properties. After checking the serviceability, a mark (stamp, stamp) on the timing of the next test should be made on the protective equipment.
The issuance of protective equipment to workers engaged in work with harmful or hazardous working conditions, as well as work performed in special temperature conditions or associated with pollution, is free of charge. The basis for providing employees with appropriate PPE is the results of certification of workplaces for working conditions. Such certification is carried out by the employer in the manner prescribed by the order of the Ministry of Health and Social Development of the Russian Federation of August 31, 2007 No. 569.
The number of protective equipment due to the employee (calculated for a period of time) is determined in accordance with standard norms. At the same time, the employer has the right to establish issuance rates that improve, in comparison with standard standards, the protection of workers from harmful and or hazardous factors present in the workplace, special temperature conditions or pollution.
The employer also has the right (taking into account the opinion of the representative body authorized by the employees) to replace one type of PPE stipulated by the standard norms with a similar one that provides equivalent protection against hazardous and harmful production factors. The issuance of protective equipment to employees, including those of foreign production, as well as special clothing that is in the employer's temporary use under a lease agreement, is allowed subject to two conditions:
- a declaration of conformity or a certificate of conformity confirms the compliance of PPE with safety requirements;
- in established cases, a sanitary-epidemiological conclusion or a certificate of state registration is drawn up.
The employer is obliged to organize proper accounting and control over the issuance of protective equipment to employees in a timely manner. The employer is also responsible for keeping records of the movement of protective equipment.
On a note... When issuing protective equipment, the use of which requires practical skills from workers (respirators, gas masks, self-rescuers, safety belts, mosquito nets, helmets), the employer must organize instructions and training on their use.
The employee is obliged to correctly use the protective equipment issued to him. But in case of failure to provide personal protective equipment, the employee has the right to refuse to perform his job duties until the appropriate protective equipment is provided to him.
The employer is obliged to ensure that employees are promptly and fully informed about the protective equipment they are entitled to. So, when concluding an employment contract, the employer must inform employees:
- these Rules;
- standard norms for the issuance of PPE corresponding to his profession and position;
- local regulations, in accordance with which the procedure for providing workers with PPE is regulated.
PROCEDURE FOR ISSUE AND USE OF PROTECTIVE MEANS
The protective equipment to be issued to workers must fully meet not only the requirements listed above, but also some others:
- protective equipment must exactly match the gender, height and size of the workers to whom they are issued;
- protective equipment must be appropriate for the nature and conditions of the work performed by the workers.
The terms of use of PPE are calculated from the date of their actual issue. The issuance of protective equipment to workers and their delivery must be recorded in a personal record card for issuing PPE (electronic records of the movement of PPE are allowed).
For workers of cross-cutting professions and positions in all sectors of the economy, protective equipment is issued in accordance with standard standards, regardless of the organizational and legal forms and forms of ownership of the employer, as well as the presence of these professions and positions in other standard standards. Brigadiers, foremen, performing the duties of foremen, assistants and assistants of workers whose professions are indicated in the relevant standard standards are issued the same PPE as workers in the corresponding professions.
For workers combining professions, or constantly performing overlapping work, including as part of complex teams, in addition to the protective equipment issued to them for the main profession, other protective equipment provided for by the relevant standard standards for the combined profession (combined type of work) should be additionally issued.
Certain categories of workers are issued PPE in a general manner only for the duration of the relevant work or for the duration of the employees' vocational training, retraining, industrial practice, industrial training or implementation of control (supervision) measures.
We also note that in some cases, the standard procedure for issuing certain types of protective equipment may be adjusted. For example, PPE that is not specified in the relevant standard standards can be issued to workers with a period of wear until they wear out, or as a duty officer.
An indicative list of types of PPE,
authorized for issuance as duty (shift) or with a period of wear "to wear"
in the absence of them in the relevant regulations
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PPE name |
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Life vest |
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Safety harness (holding) |
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Safety belt |
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Dielectric galoshes |
|
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Dielectric gloves |
|
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Dielectric mat |
|
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Safety glasses |
|
|
Protective shields |
|
|
Respiratory filtering equipment |
|
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Respiratory protective equipment |
|
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Protective helmet |
|
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Balaclava |
|
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Mosquito net |
|
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Shoulders |
|
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Elbow pads |
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Self-rescuers |
|
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Headphones |
|
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Light filters |
|
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Vibration-proof gloves (gloves) |
The basis for the issuance is the results of certification of the relevant workplaces for working conditions, while also taking into account the specific conditions for performing work. On-duty PPE of general use should be issued to employees only for the duration of the work for which they are intended. The specified protective equipment, taking into account the requirements of personal hygiene and individual characteristics workers can be assigned to certain jobs and transferred from one shift to another.
PPE intended for use in special temperature conditions should be issued to employees at the onset of the appropriate period of the year, and at the end of it should be handed over to the employer for organized storage until the next season. The time for using these types of protective equipment is set by the employer, taking into account the opinion of the representative body of workers and local climatic conditions (the time for wearing PPE used in special temperature conditions includes the time of their organized storage).
Protective equipment returned by employees after the expiration of the wearing period, but at the same time still suitable for further use, can be used as intended after taking care measures, if necessary (in this case, a corresponding mark is made in the personal record card for issuing PPE). Leased protective equipment is issued in accordance with standard regulations.
Note. When issuing special clothing rented by the employer, an individual set of PPE is assigned to the employee, for which the appropriate marking is applied to it. Information on the issuance of this kit is entered into the employee's personal record card and issuance of PPE.
In case of loss or damage of protective equipment in the established places of their storage for reasons beyond the control of employees, the employer is obliged to give them other (backup) serviceable PPE. The employer must also provide replacement or repair of protective equipment that has become unusable before the end of the wearing period for reasons beyond the control of the employee.
Protective equipment issued to employees must be serviceable (repaired) and clean. If a malfunction or breakdown of PPE is detected, employees must immediately notify the employer or his representative about this, for example, in the person of their immediate supervisor.
Employees are prohibited from taking protective equipment outside the employer's premises at the end of the working day. In some cases, when, according to the working conditions, the specified procedure cannot be observed, for example, at logging, at geological works, PPE can remain with the workers even after working hours.
STORAGE AND CARE OF PPE
The storage and care of PPE is organized by the employer at its own expense.
Let's clarify that the storage of PPE provides for their placement in storage places that ensure safety, that is, in places specially designated for this purpose (for example, in dressing rooms). In cases where it is required by working conditions, the employer (in its structural divisions) must have dryers, chambers and installations for drying, dust removal, degassing, decontamination, and neutralization of protective equipment.
Care protective equipment includes a set of measures for their regular dry cleaning, washing, degassing (decontamination, disinfection), decontamination, dedusting, drying, and, if necessary, for the repair and replacement of PPE with serviceable and suitable for use as intended. If the employer does not have technical capabilities for the implementation of any types of care, the relevant work is performed by the contractor on the basis of a civil law contract concluded with the employer.
Summing up, we note that supervision and control over the observance of the commented Rules by employers is entrusted to the Ministry of Labor of the Russian Federation and its territorial bodies (state labor inspectorates in the constituent entities of the Russian Federation). For violation of these Rules, employers bear administrative or criminal responsibility.
In accordance with clause 2 of the order, the Decree of the Ministry of Labor of the Russian Federation of 12/18/1998 No. 51 "On approval of the Rules for the provision of workers with special clothing, special footwear and other personal protective equipment" and the rules approved by this decree were declared invalid (as amended on 02/03/2004) ...
These norms are approved by local regulations of the employer on the basis of the results of certification of workplaces for working conditions, taking into account the opinion of the body authorized by employees and can be included in the collective and (or) labor contract with reference to the standard norms, in comparison with which the provision of PPE for workers (or an employee with whom an appropriate employment contract has been concluded) is improved.
Question from Yuri:
What are the personal protective equipment for workers. How is the provision of workers with personal protective equipment.
Answer:
In accordance with Labor Code the employer is obliged to provide workers with safe working conditions.
According to Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to provide, in particular:
- the use of personal and collective protective equipment for workers that have passed mandatory certification or declaration of conformity in the manner prescribed by law;
- the acquisition at their own expense and the issuance of special clothing, special footwear and other personal protective equipment, washing and neutralizing agents to employees, which have undergone mandatory certification or declaration of conformity in the manner prescribed by law. These funds are issued to employees engaged in work with harmful and (or) hazardous working conditions, as well as in work that is performed in special temperature conditions or associated with pollution;
- organization of control over the state of working conditions at workplaces, as well as the correct use of personal and collective protective equipment by employees.
Consider the types of protective equipment for workers. The main document defining which means of protection are collective and which are individual is “GOST 12.4.011-89 (ST SEV 1086-88). Occupational safety standards system. Protective equipment for workers. General requirements and classification "(approved by the Decree of the USSR State Standard of 10.27.1989 N 3222, hereinafter - GOST 12.4.011-89).
According to clauses 2.1 - 2.3 of GOST 12.4.011-89, protective equipment for workers must ensure the prevention or reduction of the action of hazardous and harmful production factors. At the same time, they themselves must not be a source of hazardous and harmful production factors and must meet the requirements of technical aesthetics and ergonomics.
Collective protective equipment depending on the purpose, they are divided into the following classes (clause 1.1.1 of GOST 12.4.011-89):
- means of normalizing the air environment of industrial premises and workplaces;
- means of normalizing the lighting of industrial premises and workplaces;
- means of protection against an increased level of ionizing, infrared, electromagnetic or laser radiation;
- means of protection against high or low levels of ultraviolet radiation;
- means of protection against increased intensity of magnetic and electric fields;
- means of protection against increased noise levels, vibration (general and local), ultrasound, infrasonic vibrations, static electricity;
- means of protection against electric shock;
- means of protection against high or low temperatures of surfaces of equipment, materials, workpieces;
- means of protection against high or low air temperatures and temperature extremes;
- means of protection against the effects of mechanical, chemical, biological factors;
- protective equipment against falling from a height.
A specific list of collective protective equipment, broken down into classes, is given in section. 1 of the List of the main types of protective equipment for workers (Appendix to GOST 12.4.011-89).
Personal protective equipment(hereinafter - PPE), depending on the purpose, are subdivided into classes (clause 1.1.2 GOST 12.4.011-89):
- insulating suits;
- protective equipment for legs, arms, head, face, eyes, respiratory system, hearing;
- special protective clothing;
- protective equipment against falling from a height and other safety equipment;
- dermatological protective agents;
- complex means of protection.
A specific list of PPE broken down into classes is given in section 2 of the List of the main types of protective equipment for workers (Appendix to GOST 12.4.011-89).
Personal protective equipment (hereinafter - PPE) refers to personal protective equipment that are used to prevent or reduce the exposure of workers to harmful and (or) hazardous production factors, as well as to protect against pollution (clause 3 of the Interindustry rules for providing workers with special clothing, special footwear and other personal protective equipment (approved by the Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n); hereinafter referred to as the Rules for Provision of PPE).
The obligation to provide workers who are employed in work with harmful and (or) hazardous working conditions, as well as work performed in special temperature conditions or associated with pollution, special clothing, special footwear and other PPE rests with the employer (paragraph 7 h 2 article 212, parts 1, 3 article 221 of the Labor Code of the Russian Federation, paragraph 4 of the Rules for the provision of PPE). The employer, at his own expense, is obliged to ensure not only the timely issuance of PPE, but also their storage, washing, drying, repair and replacement (part 3 of article 221 of the Labor Code of the Russian Federation).
For violation of labor protection requirements established by law, the employer is brought to administrative responsibility under Part 1 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, and in the event of a repeated commission of a similar offense - in accordance with Part 5 of Art. 5.27.1 Administrative Code of the Russian Federation. For example, an employer may be held administratively liable under Part 1 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation for failure to fulfill the obligation to provide workers with PPE of the first class or the obligation to timely repair and replace PPE. This conclusion follows from the analysis of parts 1, 2 of Art. 211, para. 7 h. 2 tbsp. 212, h. 1, 3, art. 221 of the Labor Code of the Russian Federation, part 1 of Art. 5.27.1 Administrative Code of the Russian Federation.
If the workers are not provided with PPE of the second class, the employer may face administrative liability. This follows from Part 4 of Art. 5.27.1 Administrative Code of the Russian Federation and notes to the specified article. If a similar offense is committed again, the employer is brought to administrative responsibility in accordance with Part 5 of Art. 5.27.1 Administrative Code of the Russian Federation.
To determine to which class PPE belongs, one should be guided by clause 5.5 of the Technical Regulations Customs Union(TR TS 019/2011), adopted by Decision Commission of the Customs Union dated 09.12.2011 N 878, as well as Appendix N 4 to this regulation.
The procedure for issuing PPE to workers established by the Interindustry rules for providing workers with special clothing, special footwear and other personal protective equipment, approved by Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n (hereinafter referred to as the Rules for Provision of PPE).
The obligation to provide employees with PPE rests with employers - legal entities and individuals, regardless of their organizational and legal forms and forms of ownership (paragraph 7, part 2, article 212, part 3, article 221 of the Labor Code of the Russian Federation, paragraph 2 of the Rules for ensuring personal protective equipment) ...
PPE is issued to persons employed in work with harmful and (or) hazardous working conditions, as well as performed in special temperature conditions or associated with pollution, in accordance with the standard norms for the free issuance of PPE and on the basis of the results of a special assessment of working conditions (part 1 of Art. 221 of the Labor Code of the Russian Federation, paragraph 1, item 4, item 5 of the Rules for the provision of PPE).
Note that the basis for issuing PPE can also be the results of certification of workplaces for working conditions carried out before 01.01.2014 (i.e. before the date of the introduction of a special assessment of working conditions in accordance with part 1 of article 28 of Law N 426-FZ) ... This is due to the fact that according to Part 4 of Art. 27 of Law N 426-FZ, the certification results are valid for five years from the date of its completion, with the exception of cases of occurrence of the circumstances specified in Part 1 of Art. 17 of this Law.
PPE is purchased (including rented) at the expense of the employer (paragraph 7, part 2, article 212 of the Labor Code of the Russian Federation, paragraphs 2, 3, paragraph 4 of the Rules for Provision of PPE).
All PPE purchased and issued to employees undergo mandatory certification or declaration of conformity (part 1 of article 221, paragraph 4 of part 2 of article 212 of the Labor Code of the Russian Federation, paragraph 1 of paragraph 4 of the Rules for Provision of PPE). In particular, PPE certification is carried out in accordance with the Rules for the Certification of Personal Protective Equipment (approved by the Resolution of the State Standard of Russia dated June 19, 2000 N 34).
It is not allowed to purchase (including rent) PPE and issue them to employees in the following cases (clause 8 of the Rules for Provision of PPE):
- lack of a declaration of conformity and (or) a certificate of conformity of PPE to statutory safety requirements;
- expiration of the validity period of the declaration of conformity and (or) the certificate of conformity;
- lack of a sanitary and epidemiological conclusion or certificate of state registration of dermatological PPE.
The employer is obliged to inform employees about the PPE they are entitled to (clause 9 of the Rules for the provision of PPE).
When conducting an induction briefing of employees, it is necessary to familiarize themselves with the following documents (clause 9 of the Rules for the provision of PPE):
- with the Rules for the provision of PPE;
- with standard norms for the issuance of PPE, corresponding to the profession and position of the employee.
If, in the cases and procedures established by law, the employee is not provided with PPE, he has the right to refuse to perform his job duties, and the employer has no right to demand their performance and is obliged to pay for the downtime that has arisen for this reason (clause 11 of the Rules for the provision of PPE, part 6 of article 220 and Article 157 of the Labor Code of the Russian Federation).
The employer is obliged to organize proper accounting and control over the issuance of PPE to employees in a timely manner (paragraph 1, clause 13 of the Rules for the provision of PPE).
PPE is issued to employees free of charge (part 1 of article 221 of the Labor Code of the Russian Federation, paragraph 4 of paragraph 4 of the Rules for Provision of PPE).
The terms of use of PPE are calculated from the date of their actual issuance to employees (paragraph 2, clause 13 of the Rules for the provision of PPE).
The issuance of PPE to employees and their delivery are recorded in the personal record card for issuing PPE in the form given in the Appendix to the Rules for Provision of PPE (paragraph 3, clause 13 of these Rules).
This document is usually drawn up in paper form... However, the employer also has the right to use the electronic form with the obligatory personification of the employee. This follows from the provisions of par. 4, 5, clause 13 of the Rules for the provision of PPE.
The electronic registration card must correspond to the established form of the personal record card for the issuance of PPE, but instead of the personal signature of the employee, the number and date of the document are indicated accounting on the receipt of PPE, on which there is a personal signature of the employee (paragraph 4, clause 13 of the Rules for the provision of PPE).
The issuance of PPE and their replaceable elements of a simple design, which do not require additional instruction, the employer has the right to organize through automated systems issuance (vending equipment). When using such equipment, it is necessary to ensure the personification of the employee and the automatic entry of information on the issued PPE into his electronic card for recording the issue of PPE (paragraph 6, clause 13 of the Rules for Provision of PPE).
The employer is also obliged to ensure the care of PPE, their storage, timely dry cleaning, washing, degassing, decontamination, disinfection, decontamination, dedusting, drying, as well as repair and replacement (part 3 of article 221 of the Labor Code of the Russian Federation, para. 1 clause 30 of the Rules for the provision of PPE). In order to properly fulfill this obligation, the employer may issue the employee with two sets of appropriate PPE with a doubled period of use (paragraph 2, clause 30 of the Rules for Provision of PPE).
Tags: Personal and collective protective equipment for workers, work with harmful and hazardous working conditions, standard standards for the issuance of PPE, electronic registration card
