What are personal protective equipment for workers, why are they needed, who is obliged to issue, on the basis of what standards. We will consider these questions in this article.
The article uses Order 290n, Standard Norms for Free Issuance of Overalls, Labor Code of the Russian Federation, Article 221.
What is personal protective equipment and why is it for an employee.
Man, by nature, is a fragile creature. His health is adversely affected by industrial air pollution, super loud noises, flying sparks, etc.
Therefore, from time immemorial, for specialists performing work in conditions that threaten his life and health, a person has invented and implemented certain protection options in order to protect the employee and keep him healthy.
In our time, this issue is dealt with by the State, introducing appropriate standards into the production process.
One of them, I would say the main one, is the Order of the Ministry of Health and Social Development of the Russian Federation No. 290 dated 01.06.09. All enterprises, regardless of their form of ownership, as well as individual entrepreneurs and individuals, must comply with it.
The employer is responsible for its implementation, as well as the responsible persons appointed by the order. Also, the employer is obliged to instruct employees in the introductory briefing to whom what protection is entitled (according to the position held). In addition, the instructions include information about the use of specialized protection, which requires special skills and knowledge (gas mask, helmet, safety belt, etc.).
Personal protective equipment (abbreviated as PPE) is issued by the head of the enterprise to employees in order to reduce the negative impact of air pollution, as well as other harmful factors on the body of a specialist during the performance of direct duties.
In cases where work is performed in truly harmful conditions (welder, painter, steelmaker, etc.), the employer is obliged to provide PPE free of charge.
What personal protective equipment is required can be found in the Model Regulations.
Protection must comply with all existing standards (pass the appropriate certification), and this condition also applies to the protection of foreign production.
In cases where one or another protection is absent, it can be replaced with an analogue (which also passed the appropriate certification).
The employee is obliged to monitor the condition of protective equipment independently, as well as to use it correctly and for its intended purpose.
By the way, if it is supposed to work where harmful factors may be present, and the employee was not given PPE (in full), the specialist has the right to refuse to perform the work, and the employer will be obliged to pay for the downtime.
To whom and on what conditions personal protective equipment is issued.
The protection given to the employee must be not only reliable, but also comfortable. Therefore, the selection of PPE takes place individually. It is necessary to consider not only the size, but also the gender.
Some funds are issued for six months, others for a year, and there are also funds for a one-time mission. All this is recorded in the specialist's personal card for the issuance of personal protective equipment.
To whom and what protection to grant, see the Model Regulations. If there is no specialty, then the Model Standards for workers in cross-cutting professions should be used. In the absence, and there, then you need to be guided by the standard norms of the professions characteristic of the work performed.
Often, together with employees, management personnel, foremen, foremen, etc. are involved in the process. In this case, they are entitled to the same personal protection as ordinary employees.
Protection is relied on not only for staff members, it also needs to be issued to interns, temporarily transferred, students, of course, for the duration of the work.
Employees who perform work in one organization, but are listed in another, are given PPE by their employer.
If protective equipment such as a full body harness, respiratory isolator, safety helmet, elbow pads, earmuffs, etc. are not specified in the standards, then they should be issued "before wear and tear" in accordance with the special assessment and working conditions. Also, some types of protection are issued for one-time work (before each shift) or periodic use as "duty".
If it is necessary to use the "on-duty" protection, the head of the department assigns to each work area and issues it in shifts.
Personal protective equipment belonging to the category "Temperature PPE" is issued according to temperature conditions. Subsequently, they are deposited. The term of use also includes the storage time as such.
Worn out but still usable protective equipment should be repaired, disinfected, washed, cleaned, degassed, decontaminated, dedusted and decontaminated, and the appropriate persons should establish the possibility of further use.
The rented protection is marked and assigned to the employee. Information is also entered into a personal card.
If PPE was worn out ahead of time or lost, but not through the fault of the employee, it should be replaced at the expense of the organization.
It is forbidden to take out the assigned protection outside the territory of the organization. If personal protection is out of order ahead of time, it is necessary to notify the employer personally.
The duties of the employer (or the person appointed by him) include the organization of a periodic inspection of personal protective equipment, testing, replacement of parts (with the affixing of a stamp). Also, at his expense, replacement, repair, storage, and other procedures for maintaining PPE are carried out in order to ensure the safe work of its employees.
To achieve the above task, the head of the enterprise has the right to hire third-party organizations.
Summary: the employer (his assistant) is responsible for the correct and timely issuance of certified (in accordance with existing standards) PPE. This process is controlled by federal Service on labor and employment in accordance with Articles 353 and 370 of the Labor Code of the Russian Federation.
12.06.2019
At first glance, the activities of office workers are not dangerous. However, there are a number of negative factors, as a result of which health damage can be caused. Russian legislation includes labor protection office workers in common system labor protection of the enterprise and obliges responsible persons to monitor compliance with the requirements for working conditions and organization of workplaces of employees.
The main negative factors and ways to deal with them
The labor activity of office employees, as a rule, is associated with computers and office equipment. Working at a computer mainly affects the organs of vision, the musculoskeletal system and can cause neuropsychic arousal, so the employee should know that:
- you can not spend more than six hours at the PC during the working day;
- every 45 minutes you need to take a short break for 7-10 minutes.
Do not forget about the correct location of the monitor and keyboard - this will avoid discomfort during work, excessive eye strain and pain in the cervico-occipital zone. It is also necessary to pay attention to the lighting of the employee's workplace. It must comply with sanitary standards (link to the website page) and labor protection requirements - a lack or, conversely, an excess of light negatively affects the vision of an office worker.
In addition to computers, other office equipment - printers, copiers, Cell phones... They can emit toxic substances, create an increased level of noise or be a source of electromagnetic radiation (link to the site page) - all this affects the physical and psycho-emotional state of employees.
The next factor affecting the health of office employees is dust that appears from a large number of paper documents. Office dust contains up to 80% of harmful substances, including allergens, pathogens of various diseases and even carbon monoxide. In a dusty room, it is not only unpleasant to work, but also a high risk of colds and allergic diseases. Therefore, the office should be equipped with good ventilation and regularly cleaned and ventilated.
Office activities usually do not involve serious physical activity... Sedentary work, which is occupied by most office workers, often leads to physical inactivity and causes serious health problems.
If the employer is interested in office employees working productively and rarely going on sick leave, he must provide adequate working and rest conditions for this category of employees, as well as take care of minimizing harmful production factors. Typically, these tasks are assigned to an occupational safety specialist.
What steps should be taken in the framework of the labor protection of office workers:
- Conduct certification of workplaces for compliance with sanitary standards.
- Develop and implement measures to reduce the harmful effects of factors.
- Develop instructions on labor protection for office workers, taking into account the specifics of each workplace.
- Train staff safe techniques work, having carried out the appropriate instructions, ensure that the employees are familiar with and comply with the labor protection rules.
- Introduce a disease prevention system at the enterprise.
Often, cadre workers have a question about who is entitled to PPE. It's no secret that some employees must be provided with personal protective equipment. We are talking about which categories of workers are entitled to PPE, and for whom overalls and other special equipment are not provided for by law. So, who is entitled to personal protective equipment.
General use cases for PPE
The occupations of some employees are associated with working conditions that require mandatory use personal protective equipment. For example, PPE must be issued to employees whose work (Article 221 of the Labor Code of the Russian Federation):
- associated with harmful and hazardous working conditions;
- occurs in special temperature conditions;
- associated with pollution.
For determining harmful work can be used:
- the list approved by the decree of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298 / P-22;
- instructions approved by the decree of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of November 21, 1975 No. 273 / P-20.
Guided by these regulatory documents, you can understand whether this or that work is harmful. And accordingly, is it necessary, for example, to issue PPE at school.
Personal protective equipment (PPE) is technical means, which are used to prevent or reduce the impact of harmful and hazardous production factors affecting employees, as well as to protect against pollution (Article 209 of the Labor Code of the Russian Federation).
Thus, first of all, PPE is assigned to production workers, whose work is directly related to hazard, danger, pollution and other unfavorable production factors.
So, who is entitled to PPE at the enterprise, we figured it out. Now let's move on to other groups of people who are entitled to remedies.
Not only blue-collar occupations
If we talk about those who are provided with personal protective equipment, then these are not only employees with working specialties. So, PPE is assigned to managers and other employees who, on duty, visit production facilities from time to time and during such visits may be exposed to adverse production factors. For this category of employees, personal protective equipment on duty should be provided for such periodic visits.
Harmful working conditions are occupational factors (for example, noise, vibration, etc.) that can cause illness in an employee.
Hazardous working conditions are work factors that can lead to injury or injury to an employee.
(Order of the Ministry of Health and Social Development of Russia dated 12.04.2011 No. 302n, Decree of the Government of the Russian Federation dated 25.02.2000 No. 163).
- persons studying (retraining) under an apprenticeship agreement;
- temporarily transferred to another job;
- pupils and students who undergo industrial practice at the enterprise.
In practice, many questions are raised by the situation when work in shops and in other areas where there are harmful or dangerous production factors is performed by employees of other organizations. In particular, is it obligatory to issue overalls to employees on a work contract?
So: such workers may not be given overalls. The employer must provide them with personal protective equipment (clause 18 of the Interindustry Rules, approved by order of the Ministry of Health and Social Development of Russia dated 01.06.2009 No. 290).
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 profession of an employee 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:
- Providing only the necessary PPE, that is, maximum savings with minimum consequences in cases of inspection.
- Provision of PPE when standard norms do not take into account all the specifics of work and a legal basis for issuance is required.
- Provision of PPE based on narrow requirements. For example, the obligatory presence of overalls of the established sample of 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 ( Art. 212 of the Labor Code of the Russian Federation):
- employees 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 specified in the standard industry or cross-cutting norms for the free issuance 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 work 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 of a special assessment of 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 standard standards
If the professions and positions of workers are not in the standard standards, then the employer issues them PPE according to the standard standards for workers in cross-cutting professions and positions in all sectors of the economy. When there are no suitable positions there, you need to be guided by the standard norms for professions in which personnel perform similar work. 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 a 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, LLC (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 in case of an increased noise level, employees are additionally issued with anti-noise earmuffs or earbuds with a wear period “to wear out”. For outdoor work, a raincoat or suit, etc., is additionally issued to protect against precipitation.
Let us consider, using an 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. Different responsibilities can be hidden under one name. 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, like 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:
- Divide warehouse operators according to the staffing table: "warehouse operator (outdoor)", "warehouse operator (intrashop)", etc.
- Draw up detailed job description for each of the operators, indicating the type of work, responsibilities and authorities.
- Conduct a special assessment of both workplaces.
- On the basis of SOUT cards, draw up an appendix to the collective agreement - a list of free distribution of special clothing, footwear and other PPE for employees.
- 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 organizations, when employees responsible for PPE issue them unreasonably. It seems to them, out of necessity and with the best intentions. Then they cannot explain why they purchased some PPE, and are financially responsible for the waste.
What to do if the name of the profession does not coincide with the name in the model norms
When the name of the profession does not coincide with the name in the standard norms for issuing PPE, they are also guided by paragraph 14 of the order of the Ministry of Health and Social Development of Russia dated June 1, 2009 No. 290n. 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". As a rule, labor inspectors do not punish such a discrepancy. 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 for types of activities in everyday life: merchandiser, promoter, master trainer, etc. Therefore, the requirements for the correspondence of names to the All-Russian classifier of professions have been softened.
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 has been 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 for protection against harmful factors, but also for protection against pollution (part seven of article 209 of the Labor Code of the Russian Federation). If the position of an employee is included in the standard norms for the free issuance of PPE, then the employer is obliged to issue PPE to these employees (part one of article 221 of the Labor Code of the Russian Federation). The employee has the right to refuse to work without PPE, and the employer will be obliged to pay for the forced downtime (part six of article 220 of the Labor Code of the Russian Federation).
How does an occupational safety 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 of actual issuance of PPE 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
Document | Will help you |
Understand when an employer is required to issue PPE |
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Find out that PPE is issued not only when exposed to harmful factors, but also when exposed to pollution |
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Clarify the rules for providing workers with overalls and PPE |
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To get acquainted with the standard norms for the free issuance of PPE and overalls to workers of cross-cutting professions |
