Is it stuffy or cold in the office? Whose side are you on? Educational and information center krymresurs

Greetings, dear friends! I don’t know about you, but here in Novosibirsk it’s relatively cold period coming for November. It seems sunny and dry, but due to the humidity and northeast wind it is quite cold.

I think that the job low temperatures you can try to shorten it. You will learn how to do this from this note.

The main thing here is to understand at what temperatures it becomes possible to shorten the working day.

Taking into account the requirements of the Labor Code, the hygienic standards contained in the sanitary rules and regulations (“R 2.2.2006-05. Guidelines for the hygienic assessment of factors working environment and the labor process. Criteria and classification of working conditions" and "SanPiN 2.2.4.548-96. 2.2.4. Physical factors of the production environment. Hygienic requirements to the microclimate production premises. Sanitary rules and regulations”, which establish, among other things, optimal and permissible temperature indicators for workplaces), the head of the company may decide to shorten the working day or stop work at extremely low or high temperatures.

But the employees themselves may require this. According to Article 21 of the Labor Code of the Russian Federation, an employee has the right to workplace, corresponding to state regulatory requirements labor protection and conditions stipulated by the collective agreement. According to the law “On the sanitary and epidemiological welfare of the population”, working conditions, the workplace and the labor process should not affect harmful effects per person. What if not the cold in the workplace can lead to hypothermia and illness?

Thus, the employer is obliged to control the microclimate at the enterprise, including the temperature in the workplace. Temperature measurements at workplaces are carried out using a thermometer or psychrometer at least 3 times per working day (shift).

After the measurements, it is necessary to draw up a protocol in which to justify and evaluate the measurements taken for compliance with the regulatory requirements of the Sanitary Rules. Only after carrying out all the necessary measurements, the employer can decide to reduce the working day of employees based on the norms of the Sanitary Rules and retain full-time work for the employees. wages taking into account that the ambient temperature does not correspond permissible values.

If the work is related to the implementation labor activity on outdoors, then Article 109 of the Labor Code of the Russian Federation provides for special breaks for heating at low temperatures. These breaks are included in the total work time.

And in judicial practice There were precedents when employees defended their right to a warm workplace.

In the Determination of the St. Petersburg City Court dated October 25, 2010 No. 14529 state enterprise an order was issued to eliminate violations, including non-compliance with temperature conditions in the premises of the enterprise and at workplaces.

And in the Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated December 11, 2008 No. A82-653/2008-9, the court indicated that the employer did not provide safe working conditions for its employee, which led to an industrial accident while the employee was insulating windows due to unsatisfactory maintenance of the building , expressed in lack of insulation window sashes for work in the autumn-winter period, as a result of which the air temperature in the workplace was below normal.

For reference:

At what office temperatures is a shortened working day possible?

Working conditions are regulated by sanitary rules and regulations SanPiN 2.2.4.548-96 “Hygienic requirements for the microclimate of industrial premises.”

According to the document, those who work indoors are divided into five categories:

sedentary work. This includes managers, office workers, garment and watch production workers. For them the most comfortable temperature indoors +22°С - +24°С.
if you spend the whole day on your feet. For example, these are controllers, sales consultants. They must operate at +21°C - +23°C.
The work involves some physical stress. For example, tour guides, employees of cleaning shops at machine-building enterprises. The optimal temperature for them is +19°С -+21°С.
work involving walking and carrying weights up to ten kilograms. These are mostly factory workers - mechanics, welders. For them, the room temperature should be +17°C - +19°C.
involves heavy physical labor, for example, in foundries and forges. This category also includes loaders who carry furniture and equipment heavier than ten kilograms. For them the temperature is slightly lower - + 16°С -+ 18°С.

When the temperature in the workplace drops 1 degree below normal, working hours are reduced by 1 hour.

Thus, at a temperature of +19°C, the working day of an office worker will be 7 hours, +18°C - 6 hours, and so on. At a temperature of +12°C and below, work stops and, according to Article 157 of the Labor Code of the Russian Federation, working time in this case is paid by the employer in the amount of at least two-thirds of the tariff rate.

However, I would like to note that SanPiN 2.2.4.548-96 does not have the status of normative legal acts, and therefore the requirements established by these acts cannot be considered as mandatory, and are only advisory in nature.

If the workplace is located in unheated premises or the work is carried out outdoors, you can be guided by “MR 2.2.7.2129-06. Work and rest regimes for workers in cold weather in open areas or in unheated premises,” as well as regulatory documents at the regional and/or municipal level.

1. Article 21 of the Labor Code of the Russian Federation - an employee has the right to a workplace that meets state regulatory requirements for labor protection and the conditions stipulated by the collective agreement.

2. At the same time, Article 212 of the Labor Code of the Russian Federation obliges the employer, among other things, to ensure working conditions in each workplace that comply with labor protection requirements; organizing control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees.

3. Based on Article 219 of the Labor Code of the Russian Federation, every employee has the right, including to a workplace that meets labor protection requirements.

4. At the federal level, requirements for working conditions are regulated by Federal Law No. 52-FZ of March 30, 1999 “On the sanitary and epidemiological welfare of the population” (hereinafter referred to as Law No. 52-FZ).

4.1. In particular, paragraph 1 of Art. 25 says that working conditions, the workplace and the work process should not have a harmful effect on humans. Requirements for ensuring safe working conditions for humans are established by sanitary rules and other regulatory legal acts. Russian Federation.

4.2. According to paragraph 2 of Art. 25 of Law No. 52-FZ individual entrepreneurs And legal entities are required to carry out sanitary and anti-epidemic (preventive) measures to ensure safe working conditions for humans and to comply with the requirements of sanitary rules and other regulatory legal acts of the Russian Federation to production processes And technological equipment, organization of workplaces, collective and individual means worker protection, work, rest and consumer services workers in order to prevent injuries, occupational diseases, infectious diseases and diseases (poisonings) associated with working conditions.

5. In accordance with clause 4.2 of SanPiN 2.2.4.548-96. "2.2.4. Physical factors of the production environment. Hygienic requirements for the microclimate of industrial premises. Sanitary rules and regulations" microclimate indicators must ensure the preservation of the heat balance of a person with environment and maintaining the optimal or acceptable thermal state of the body.

5.1. Based on clause 4.3 of SanPiN 2.2.4.548-96, indicators characterizing the microclimate in production premises include, among other things, air temperature and air speed.

6. “MR 2.2.7.2129-06. Work and rest regimes for workers in cold weather in open areas or in unheated rooms,” as well as regulations regional and/or municipal level.

That's all I have. Until new notes!

Polina Smekhova | 06/16/2016 | 623

Polina Smekhova 06/16/2016 623

Even though summer has not yet arrived, the sun is shining brighter every day, the air temperature is inexorably rising, and the room is becoming stuffy. It's time to learn how to cope with the heat in the office.

When your brain refuses to think, clients and colleagues become annoying, and the oppressive heat seems to make your blood boil in your body... imagine the snow-capped Alps. They say visualization helps to cope with many problems. In the meantime, we will tell you what to do when the office is unbearably hot.

In order to get rid of the exhausting heat, we will act in the following directions.

Making your stay in the office more comfortable

Place an aquarium with water. The evaporating moisture will cool the air.
Spray plants with large leaves with water. They will retain moisture for a long time and the room temperature will drop slightly.
You can spray the surrounding area with water using a spray bottle.
Cover the windows with reflective film with the mirror side facing the street.
If you have air conditioning in your office, then you are in luck. However, the air conditioner dries out the air a lot, so be sure to also get a humidifier.
You can place a crystal ball or figurine at your workplace. Hold the crystal in your hands for a while. Even in antiquity, it was used to cool drinks and the body, which it successfully copes with to this day. Crystal is also prescribed the ability to activate mental activity and develop intuition, so that you will not be afraid of the intrigues of your colleagues.

We drink more

Quench thirst and help cool the body:

hot green tea, especially with cardamom, ginger or verbena;
fruit drinks and compotes, juices without pulp;
mineral water;
water with lemon juice - it will also relieve lethargy and fatigue;
natural bread kvass;
teas with pieces of fruit and berries (rose hips, grapefruit, orange, etc.).

However, forget about coffee, as it greatly dehydrates the body. You should also not drink chilled drinks; they will only provide a short-term cooling effect and can cause a cold or sore throat.

Switching to the summer type of nutrition

When it's hot, you don't always feel like eating. But it’s worth eating those foods that not only won’t overload the body, but will also make it easier to cope with the heat.

What to eat in hot weather:

cold soups (okroshka, green borscht, beetroot soup);
vegetables, berries and fruits (especially watermelon, grapefruits, cucumbers and tomatoes) - they will gradually replenish the body with fluid;
fermented milk products and boiled fish.

Eat proteins in the morning and carbohydrates in the evening. IN summer time You should limit your consumption of honey, meat and fatty foods as much as possible, as they cause a surge of heat in the body. Also, do not add too much salt to your food. You should eat less confectionery products, especially since they spoil quickly in the heat. But by adding red pepper to your food, it will be easier for you to cope with the heat.

Create a light summer look

Nothing brightens a woman up in the summer...at least cosmetics. Believe me, floating foundation and smeared eye shadow will not add beauty to you, but will make you feel worse. Also give your hair a break from styling products.

In the summer, it is worth switching to clothes made of cotton or linen. It is better if it is spacious. A summer suit for a man should be light shades of brown, gray or blue; it is better to choose a suit jacket with or without a short lining.

Women whose dress code does not allow them to show up to work without tights should consider buying stockings soaked in a special cooling agent.

Choose open-toed shoes: for men, it is better to choose moccasin-type shoes for a suit.

What else should office workers do in the heat?

You can improve your condition by wiping the skin behind your ears with a damp cloth or blotting with cold water.
Spray from a spray bottle open areas bodies.
Rest during breaks.
Plan important work for the first half of the day.
Wash your face and hands with cool water more often, or at least wipe your face with tissues.
If you feel very weak, try vigorously rubbing your ears or pressing firmly on the pit under your nose. By influencing these points on the body, you activate all processes in the body.
Drops essential oils Apply lavender, mint, grapefruit or immortelle to your temples and wrists. They will refresh your body and your mind.

Have a cool working week!

Context

How Labor Code(TK) Do the Russian Federation and sanitary rules protect those who are forced to work literally by the sweat of their brow? And how can employees competently defend their rights without risking being fired from their jobs, for example, “for being quarrelsome”? Let's try to figure it out.

The hotter it is outside, the shorter the shift

If your office is not equipped with air conditioning, or this unit works so poorly that there is still a gas chamber in the office, then it is very useful for employees to know the contents of the document called “Hygienic requirements for the microclimate of industrial premises.” You can find it on the Internet by entering the details of SanPiN 2.2.4.548-96.

These sanitary rules divide all professions into five categories, depending on the intensity of physical effort. Most city residents work within category 1A. It's about about work with minimal energy consumption, mainly sedentary and associated with mental activity. According to SanPiN, under such working conditions, the room temperature should be no lower than 21 and no higher than 28 degrees Celsius. Anything that does not fit into these standards automatically leads to a reduction in the working day.

Yes, excess permissible level Temperature in the office for every half degree shortens the working day by an average of one hour. For example, if employees sweat at 28.5 degree desks, their shift may last a maximum of 7 hours. At a temperature of 29 degrees - no more than 6 hours, at 29.5 degrees - a maximum of 5.5 hours, at 30 degrees - up to 5 hours, etc.

If the thermometer in the room shows 32.5 degrees Celsius, then the rules allow you to work for no longer than one hour. Accordingly, at a higher temperature - 33 degrees and above, according to hygiene standards, it is prohibited to work in the office.

Photo by AFP

Self-defense and simple

What to do in practice if you suffer from stuffiness, and the management is in no hurry to send you home early? To begin with, labor rights experts advise printing out the table of standards “temperature - length of working day” from the mentioned sanitary rules and showing it to your boss. It is possible that the boss is not aware of the existence of such standards, and therefore is in no hurry to comply with them.

If such a diplomatic move does not work, the Labor Code allows the employee to refuse to work in self-defense of labor rights. To do this, you need to write an application addressed to the employer with reference to Article 379 of the Labor Code of the Russian Federation, SanPiN 2.2.4.548-96, and also attach a certificate of witness testimony confirming the excess of the permissible temperature in the room. Such a document is drawn up independently on a regular sheet of paper in any form and must contain the results of measuring temperatures in the room (2 - 3 times during the day) with the full name and signatures of fellow eyewitnesses.

Having handed over the papers to the manager, you can leave the stuffy office, taking into account the rules for shortening the working day depending on the air temperature in the room (see above).

Please keep in mind: according to the Labor Code, the inability to perform work duties due to improper working conditions is recognized as downtime and is subject to payment in the amount of 2/3 of the average salary (Article 157 of the Labor Code of the Russian Federation).

"Let's agree"

If you have a presentiment that the boss will take such actions too painfully (with unpleasant consequences for you), then you can try more soft options solving the problem.

1) Introduction of part-time work by mutual agreement of the parties - employees and employer - on the basis of Article 93 of the Labor Code of the Russian Federation. The difference between this scheme is that employees receive wages in proportion to the time they work. That is, if you leave home early due to unbearable stuffiness, you will receive less money. For the employer, this is not as cost-effective as paying for downtime. But the worker has the opportunity to save his body from overload in the heat.

2) Rescheduling the start and end times of the working day. It’s usually cooler in the morning, so if you agree to come to work, say, by 8 a.m., then the air won’t be so hot, and you’ll be free early in the evening. The changes will not affect your salary in any way.
At the same time, it is worth considering the following: strictly according to the law, such a “movement” is considered a change essential conditions labor and must be formalized by amending the employment contract. If you have quietly and peacefully resolved the issue by mutual agreement with your boss, then you can probably refrain from formalities. Moreover, the changes are temporary, for the hot period.

On the other hand, if one of the employees is not able to come to the workplace earlier than usual, being a pronounced “night owl,” then the employer does not have the right, on his own initiative, to move the “sleep” start of the working day. Since, let us remind you, this is legally recognized as a change employment contract, which requires the consent of both parties.

Photo by AFP

Things to remember

Many people complain that it is especially difficult to work at a computer in the heat: their heads feel wobbly, the letters float before their eyes. In addition to the described options that make work easier in stuffy conditions by going home earlier, it is also worth finding out whether the sanitary and hygienic standards of the equipment in your workplace are met. Rules for placing a computer, minimum distances to the monitor, between adjacent screens, etc. are described in SanPiN 2.2.2/2.4.1340-03.

In particular, according to clause 9.1, the distance between desktops (measured from the back of one computer to the screen of another) must be at least 2 m, and the distance between the side surfaces of the monitors must be at least 1.2 m. In this case, the computer screen must be located from the employee’s eyes at a distance of 600 - 700 mm, but not closer than 500 mm.

Anna Dobryukha

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According to meteorologists, the summer will be hot in the truest sense of the word. At the same time, air conditioners in workplaces in our “northern” country are still more often considered as a luxury rather than a necessary means of cooling. How do the Labor Code (LC) of the Russian Federation and sanitary rules protect those who are forced to work literally by the sweat of their brow? And how can employees competently defend their rights without risking being fired from their jobs, for example, “for being quarrelsome”? Let's try to figure it out.

Summertime is always a difficult time to work. Situations often arise when the room temperature exceeds the permissible limit, turning work into severe torture (and even breaks in the middle of the day help little). For employees, the question becomes relevant whether there are any legal requirements on temperature standards during working hours in the heat.

To resolve this issue, you must contact Article 212 of the Labor Code of the Russian Federation . In one of the provisions, it prescribes the employer’s obligation to provide comfortable working conditions for each employee. Based on this legal provision, a regulation was developed regarding working hours in hot weather SanPiN 2.2.4.548-96 .

Reduced working hours due to heat

According to established standards for office employees, the maximum permissible indoor temperature in summer should be 28 degrees. The more the actual reading exceeds this standard, the less employees should work.

Order to reduce working hours due to heat

An order to change working hours due to heat is an integral document on the basis of which the schedule is re-issued. This act is drawn up by the employer indicating the reason for the innovations. Experts, however, differ on how to indicate the reasons for changes.

A reduction in working hours due to heat can be documented as downtime either due to the fault of the employer, or due to objective circumstances beyond the control of the parties. The first case is relevant in situations where the organization does not provide adequate conditions for working on the premises. However, on the other hand, it is not always possible to provide for increased temperature regime. As a result, the decision about the reason for such downtime rests with the employer. In both cases, according to Article 157 of the Labor Code of the Russian Federation the company is obliged to pay two-thirds of the wages.

It is possible to issue an order indicating objective circumstances and appropriate remuneration. In this case, its size decreases in proportion to the reduction in working time.

How to reduce working hours in hot weather - drawing up an order

An order to reduce working hours due to heat is drawn up according to the basic rules for processing documents. That is, it is similar to those regulations that relate to the issues of reducing work time due to heat.

The main provisions of this document should include:

establishing a new time, indicating breaks for lunch and rest;
an instruction on the need for all department heads to familiarize their subordinates with this order;
providing employees with the opportunity to take unpaid leave;
appointment of responsible persons who must monitor the implementation of regulations.

This document is signed by both the manager and the designated responsible person. It may include additional requirements at the initiative of the employer. For example, the validity period of this resolution, or the provision of means of protection from heat.

In the summer, office workers are sometimes forced to work in hot and stuffy conditions. Uncomfortable conditions in the workplace can reduce their performance and even affect their health and well-being. Who is responsible for a comfortable microclimate in the office? How to ensure it? What to do if the temperature in the offices rises above normal? Let's figure it out together.

Please note: Warm time - when the average daily outside temperature is above 10 °C

What are the microclimate requirements?

The employer is responsible for comfortable conditions in the office (Articles 163 and 212 of the Labor Code of the Russian Federation). To ensure them, he must maintain the premises and equipment in good condition and observe working conditions that comply with labor protection and production safety requirements.

There are sanitary and epidemiological requirements for physical factors in the workplace. They relate to temperature, relative air humidity and other indicators (clause 2.2.1 SanPiN 2.2.4.3359–16). Optimal level The temperature in the office depends on the time of year. In warm and cold times it differs, but only by 1 degree.

In summer, for office employees who belong to category Ia, optimal temperature indoors - 22–25 °C (table 1). And the relative air humidity should not be higher than 40–60%.

Permissible air temperature in warm period year - up to 28 °C. With this indicator, by law, employees can work in the office, but their productivity may decrease. The higher the temperature in the room, the less time an employee can stay in it. Every half degree reduces the time by half an hour to an hour. For example, if the thermometer has risen to 29 °C, an office employee should not be at the workplace continuously for more than 6 hours, at 32 °C - more than 2 hours. SanPiN also prohibits work at a critical temperature of 33 °C and above (Table 2).

Please note: Temperature at workplaces is measured with a thermometer

How to measure the temperature in the office

If employees feel that the room temperature is too high, they cannot get up and go home on their own. This would be a violation of labor discipline. They need to contact their employer and ask them to measure the air temperature. To do this, the employer issues an order, creates a commission, and only after that takes measurements and records them in the protocol.

After the measurements, the employer must record the result in the protocol. It provides layout diagrams for sites for measuring microclimate parameters and reflects the following information:

about the production facility;
placement of technological and sanitary equipment;
about sources of heat generation, cooling and moisture release;
other data.

How to reduce operating time during hot weather

If the employer has measured and confirmed that the temperature in the office is above normal, he can reduce the time employees spend at work. But not every manager knows that “time in the office” and “duration of stay in the workplace” are different concepts. And under no circumstances should they be replaced.

The time spent in the office includes not only the work itself, but also a lunch break, time for smoking breaks, and being busy in another room.

Example. The manager spends part of his working time in his office at the computer. In addition, he periodically communicates with clients in the meeting room, goes to meet partners, and undergoes training in a neighboring building. That is, he spends no more than 2–3 hours directly at his workplace in his office in one working day.

The duration of stay at the workplace is the time when the employee is at it continuously.

Example. The manager's secretary is in his place in one room all working day. But she has a lunch break. The time from 9.00 to 13.00, which she is busy from the moment she arrives at work until the lunch break and from 14.00 to 18.00, is our indicator.

If the air temperature in the office is above normal, the employer can:

introduce additional regulated breaks for employees;
temporarily provide another room for work;
take employees to another area of work;

equip the room as shown in the figure.

But there are situations when none of the actions help protect staff from the heat. In this case, the manager must adjust the employees’ work schedule, issue an order about this and familiarize his subordinates with it.

The employer is obliged to pay the employee for forced downtime (Article 157 of the Labor Code of the Russian Federation). Size - at least two thirds average salary if it is the employer's fault. If the reasons for the heat in the office did not depend on the employer and employee, they are paid in the amount of at least two-thirds of the tariff rate or salary, calculated in proportion to the downtime. The labor inspectorate adheres to the same position.

At the same time, labor legislation does not contain provisions that workers may be absent from the workplace during downtime. Therefore, during downtime, the employee must remain at the enterprise and wait for instructions from management when work can be continued. Typically, employers agree with employees that they will perform their duties at home during periods of abnormal heat or go on vacation during this time.