LawHealth and Safety

Microclimate of premises and law

The head of any enterprise seeks to organize the work in such a way as to obtain the greatest benefit at the lowest cost. But no matter how much the manager wants to be economical and thrifty, he must provide a normal microclimate in the production premises. This provision is strictly fixed in the law of the Russian Federation, signed on July 17, 1999, in the Constitution and the Labor Code.

The Labor Law specifies that the responsibility for ensuring safe working conditions is placed on the manager. Requirements are obliged to fulfill all - both legal entities and individuals (article 211).

The microclimate of the premises is that medium, you can say, the meteorological conditions, the physical factors in which a person exists and performs the actions recorded in the labor agreement. What are these factors? Temperature, humidity, velocity of air masses, thermal radiation. If the complex effect of all these factors is such that the person does not violate heat exchange processes, the microclimate of the premises is considered optimal.

In the case when it is not possible to provide optimal working conditions for temperature, humidity and other climatic parameters, the worker does not experience deterioration of health while in his place, the thermoregulation of the body changes for a short time and is quickly restored to normal, they say about the permissible Microclimate. The norms of the optimal and permissible microclimate are established by GOST. For different periods of the year (winter-summer) and for the performance of professional duties of varying degrees of severity, these norms are different.

The winter or cold period of the year is the time when the average daily temperature is +10 degrees and below. Summer or warm - a period with a temperature above +10.

In terms of the severity of professional duties, jobs are divided into categories. There are light, medium and heavy categories. The criterion for their separation is based on the energy costs of the employee, who are considered to be in kcal / hour.

In addition to the severity of the work carried out, the places where people work are classified into temporary and permanent ones, that is, those on which the worker spends either all his working time or a part of it, but not less than 2 hours continuously. The microclimate of the premises for each category of workplaces is not the same, because their criteria are different, but the norms established for each of them must be observed by all enterprises, regardless of the type and nature of the work performed.

To ensure that the norms of the Labor Legislation are not violated, a special system for certification of works was created by the Decree of the Ministry of Labor No. 28 of April 24, 2002. During the certification, the certification of workplaces is carried out - the working conditions are checked, the microclimate parameters of the premises are measured, the factors dangerous to human health are identified and measures are taken to eliminate the violations. All parameters, including the temperature of the air in the room and working surfaces, humidity, thermal radiation, the speed of movement of air masses, should be determined not by eye, but by professional specialists. The microclimate is measured according to the established schedule. The laboratory, which conducted the measurements, compiles a protocol. It records the indicators and provides an assessment. As a result of attestation, a certificate is issued.

If the microclimate of the premises does not meet the standards, the manager of the enterprise is imposed a penalty determined by the Code on Administrative Violations. Penalties include the imposition of a fine in the amount of 500 to 5 thousand rubles.

If the same violations are found during the re-audit, that is, if the manager did not attempt to eliminate them or did not finish it, he is disqualified from one to three years.

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