At what high temperature is the working day shortened. How is the reduced working day due to the heat according to the law

“Should an employer shorten the working day in hot weather if the premises in which people work are not equipped with air conditioning? I heard that if the air temperature in the room is above 25 degrees, the working day should be reduced. Is it so?" Lyudmila (Kursk).

The lawyer Anna GVOZDITSKIKH answers: “In SanPiN 2.2.4.54896” Hygiene requirements to the microclimate of industrial premises” states that in order to protect workers from possible overheating or cooling, when the air temperature at the workplace is higher or lower than the permissible values, the time spent at the workplace (continuously or in total per shift) should be limited.

The specified SanPiN, of course, refers to the state regulatory requirements for labor protection and primarily addresses issues of labor protection. It refers to the limitation of the time spent by employees in the workplace when the maximum permissible temperatures are exceeded on a working day (shift). However, the concept of “stay time” is not identical to the concept of “duration of working time”.

This SanPiN establishes an obligation for the employer to modify the mode of work and rest of work, as required by Article 212 of the Labor Code of the Russian Federation, so that the time spent at the workplace with adverse production factors meets hygienic requirements. It seems that this duty can be fulfilled different ways(let workers go home earlier, introduce additional breaks, equip a rest room, move to another workplace And so on).

If the employer does not fulfill this obligation, he simultaneously commits two offenses:

- violation sanitary regulations, as workplaces do not comply with these rules in terms of temperature indicators;

– violation of labor legislation, namely labor protection standards, as employees work in adverse conditions.

This means that if the employer does not limit the time spent at the workplace when elevated temperatures, does not provide the employee with another job, it turns out that the time spent at the workplace becomes equal to the duration of the daily work (shift).

Therefore, in this case, indeed, for workers there are overtime because they work at the initiative of the employer outside the working hours established for them. Thus, employees can be advised to file complaints with the authorities Federal Service for supervision in the field of consumer protection and human well-being (Rospotrebnadzor) or labor inspectorates. The fine established by the Code of Administrative Offenses of the Russian Federation for legal entities for violations of sanitary rules, comparable to the cost of purchasing and installing air conditioners and fans.

The table below shows the possible time spent at workplaces at air temperatures above the permissible values:

* Category Ia includes work with an energy consumption intensity of up to 139 W, performed while sitting and accompanied by slight physical stress (a number of professions at enterprises of precision instrumentation and machine building, on watch, garment production, in the field of management, etc.).

Category Ib - work with an energy intensity of 140–174 W, performed while sitting, standing or walking and accompanied by some physical stress (for example, a number of professions in the printing industry, in communications enterprises, controllers, masters in various types production, etc.).

** Category IIa includes work with an energy consumption of 175–232 W, associated with constant walking, moving small (up to 1 kg) products or objects in a standing or sitting position and requiring a certain physical exertion (in particular, a number of professions in mechanical assembly shops engineering enterprises, in spinning and weaving, etc.).

Category IIb - work with an intensity of energy consumption of 233–290 W, associated with walking, moving and carrying loads up to 10 kilograms, accompanied by moderate physical stress (a number of professions in mechanized foundry, rolling, forging, thermal, welding shops of machine-building and metallurgical enterprises, etc. . P.).

*** Category III includes work with an energy intensity of more than 290 W, associated with constant movement, moving and carrying significant (over 10 kg) weights and requiring great physical effort (a number of professions in forge shops with hand forging, foundry shops with hand stuffing and pouring molding boxes of machine-building and metallurgical enterprises, etc.).

Office workers are included in category Ia. If the air temperature at the workplace is 30°C, the duration of their working day cannot exceed 5 hours, 31°C - 3 hours, 32°C - 2 hours, at 32.5°C - 1 hour.

The basis for reducing working hours are microclimate indicators, which are determined in the manner prescribed by Section 7 of SanPiN. The employer needs to create a commission that will measure the temperature at the workplace. Based on the results of the examinations, a protocol is drawn up. In it, the commission reflects the measurements received and evaluates them for compliance with regulatory requirements.

If the temperature exceeds the permissible values, the employer must reduce the working hours of employees in accordance with the requirements of SanPiN. To do this, he needs to issue an order (with reference to the protocol on measuring air temperature at workplaces).

Reader Reviews (9)

Many thanks to lawyer Anna GVOZDITSKIKH for the detailed answer to the question. I hope that I can refer to it when talking with my director

And the temperature in the room is +35 degrees ..... Heat ...
And they are not going to let go and reduce, how to deal with it???

And what is the working day when working outside in the heat over 35 degrees???

In Russia, fight? - no way!
If the office is small (they don’t put condos in such ones), then it’s difficult to deal with it - right up to dismissal ...
And with a large and large one, if suddenly the condo does not work, etc. - you can also start complaining - I don’t think that the case will go to court ...

How to create a commission at the enterprise for measuring the microclimate in production premises, an act on measurements? How to justify the reduction of shift workers outdoors in the heat?

It is the Lord who punishes everyone for greed.
And then every person wants to carry his ass on an individual foreign car, but not one.
The goats have polluted the atmosphere, and now think, if there is anything, how to live for your CHILDREN in the future.
And these are flowers...

How will the employer pay for these shortened days, for 6 hours of work or for wages for 8 hours?

The team of guides asks for clarification: are there any restrictions when working on the street in intense heat for our work, when even in the shade the temperature is above 30 degrees?

A period of 30-degree heat has come in the Altai Territory. Such high temperatures can be a real test for many. When the thermometers show more than 30 degrees, it becomes more and more difficult to work. Read about when employees can count on a reduced working day in our regular Q&A column.

What should be the temperature in the office?

Despite the vagaries of the weather, the employer must ensure comfortable working conditions. They are fixed by SanPiN 2.2.4.548-96, which determines the optimal and permissible temperature for employees working in industrial premises.

Optimal indicators for working in the office in the summer:
Air temperature - 23–25 degrees (at the same time, work is permissible at temperatures up to 28 degrees).
The surface temperature is 22–26 degrees.
Relative air humidity - 60–40%.

What are the obligations of the employer?

In offices, according to hygienic requirements, air conditioning in the workplace should be provided for the microclimate. In addition, in extreme heat, employees are supposed to give additional breaks from work, as well as extend the lunch break.

Also, some employers practice in the summer to make changes to the regime and work schedule. For example, the working day does not start at nine in the morning, but at eight.
If a legal entity ignores the standards for the microclimate of the premises where employees work, the company faces a fine of 10-20 thousand rubles or suspension of activities for up to 90 days.

What can employees expect in the heat?

Office employees can count on a reduction in the working day if the thermometers show more than +28 degrees.
At +28.5 degrees - the working day is no more than 7 hours.
At +29 degrees - a working day up to 6 hours.
At +30 degrees - a working day of 4-5 hours.
At +31 degrees - a working day of 2-3 hours.
At +32 degrees - a working day of 1-2 hours.
At the same time, if the temperature in the room exceeds 33 degrees, according to the law, you can not start work at all. Employers may encourage employees to work from home.

Why is heat dangerous for health?

As doctor Igor Chervyakov explained, excessive temperature threatens to overheat. The heat accumulated in the body adversely affects, first of all, the central nervous system. Thermal oxygen starvation of the brain develops, which manifests itself in an increase in body temperature, sometimes significant, headaches, lethargy, pressure surges, nausea and vomiting.

The second danger is associated with thickening of the blood and an increased risk of blood clots. In the heat, the blood actively circulates directly under the skin, giving off heat to external environment and thus cooling the body. When the air temperature rises above 38°C, the activation of blood flow under the skin no longer helps. Then the human body turns on the mechanism of centralization of blood flow - reducing the blood supply to peripheral vessels. This greatly increases the load on the cardiovascular system and leads to the development of diseases. Periods of prolonged heat are especially dangerous.

In addition, thickening of the blood occurs in conditions of increased sweating and insufficient replenishment of fluid lost by the body. This process can also occur at less extreme temperatures. Extreme cases of overheating (thermal coma) require resuscitation.

What kind external factors affect employee performance? Such a question, of course, should be asked by any leader who wants to take care of his subordinates and increase monthly revenue. Unfortunately, features that are obvious at first glance often go unnoticed. So, for example, at enterprises, both small and large, temperature standards at the workplace are often ignored. At the same time, it is necessary to take into account the fact that not every employee will be able to fully work, freezing or suffering from unbearable heat.

Who regulates the weather at work?

Are there official documents regulating such indicators? Yes, there are. These are SanPin norms for temperature in the workplace. The regulations given in them apply to absolutely all companies and all employees (regardless of the size of the company and its nationality).

All information in the norms can be divided into two main blocks: temperature recommendations for different category employees and the responsibility of the employer for their violation. Among other things, the norm of air temperature in the workplace is also regulated by the 212th article of the Labor Code of our country, which states that the employer in without fail is obliged to provide favorable conditions and conditions for work, as well as rest for its employees.

How to protect yourself in the workplace?

What can an employee do if the temperature at the workplace is above normal? If a person is aware of the real risks to their health in such a situation, then it is quite possible to temporarily refuse to perform their official duties. To do this, it is necessary to draw up an official written statement and transfer it to higher management.

The document must contain information that the implementation of the employment contract work poses certain health risks. It would be useful to refer to the 379th article of the Labor Code, which contains information about the legality of such intentions. If the paper is drawn up in accordance with all the rules, then the employee will not only not lose, but will retain all existing rights. However, do not overdo it in your desire to take a break from work, it is likely that the authorities will offer you alternative options.

How to get around the law without breaking it?

The leadership also has its loopholes and detours. The thing is that SanPin in its documentation indicates such a concept as “stay time”, and not “length of the working day”. Simply put, an employer is not always required to let an employee go home early when they are uncomfortable in order to comply with the law. He can take the following actions:

• Organize an additional break in the middle of the working day in a room with more acceptable conditions for relaxation.
• Transfer workers to another location that meets the requirements.

summer workplace temperature

Of course, office employees are most concerned about the temperature standards in the workplace, but it is difficult to say what this trend is connected with. It should be noted that managers, secretaries and other employees of intellectual labor belong to the category of workers with minor physical exertion. It is generally accepted that the normal temperature for them should range from 22.2 to 26.4 (20-28) degrees Celsius. Any deviation from the established figures should lead to a reduction in the working day. The reduction scheme looks like this:

• 28 degrees - 8 hours;
• 28.5 degrees - 7 hours;
• 29 degrees - 6 hours and so on.

According to a similar algorithm, the term for performing work duties in the office is reduced to a temperature of 32.5 degrees above zero. With such initial data, no more than one hour is allowed to work. With the above work, it is completely required to cancel or transfer to another room.

temperature in winter

It should be noted that employees in the workplace can suffer not only from stuffiness and heat, but also from cold (such situations are even more dangerous, but they are much less common). What is the minimum allowable rate temperature at work? To begin with, let's discuss the algorithm of the day in cool conditions for office workers. The number of working hours for them begins to decrease from 20 degrees according to the following scheme:

• 19 degrees - 7-hour;
• 18 degrees - 6 hours;
• 17 degrees - 5 hours and so on.

The final mark of 13 degrees Celsius implies the work of an office employee in an unheated room for one hour, at lower rates of work it is necessary to cancel altogether.

It should be noted that the above norms apply exclusively to industrial and office premises, there are also requirements for social facilities, but they are slightly different. For example, the recommended temperature for clinics is about 20-22 degrees.

Classification of all professions

SanPin norms for temperature at the workplace are different for each category of employees. In total, there are three main categories, of which two are also divided into additional subgroups:

• 1a. Energy consumption up to 139 W. Insignificant physical activity, performance of labor duties in a sitting position.
• 1b. Energy consumption from 140 to 174 W. Slight physical exertion when performing duties that can be performed both sitting and standing.
• 2a. Energy consumption from 175 W to 232 W. Moderate physical stress, the need for regular walking, moving loads weighing up to 1 kg in a sitting position.
• 2b. Energy consumption 233-290 W. Active, but moderate physical activity, which consists in constant walking and moving loads weighing up to 10 kilograms.
• 3. Energy consumption from 290 W. Intense load, requiring considerable strength and impact. It consists in walking, carrying large loads.

You should not assume that the higher the category of the employee, the more scrupulously the temperature standards at the workplace should be observed in the summer and in winter time of the year. In fact, the law requires to protect each person very carefully. Moreover, people engaged in active physical labor endure coolness much easier, as they have the opportunity to warm themselves from the efforts made.

Where to turn for help?

What to do if the temperature standards at the workplace are violated, and the management continues to force employees to work? In this situation, time that goes beyond the boundaries given in the laws can be considered processing. And processing, as you know, should be paid in double size.

Where can I complain about the fact that the temperature standards in the workplace are occasionally or regularly violated? Unfortunately, there is no official institution dealing with this issue. However, if necessary, all their complaints regarding the unsatisfactory organization of conditions in the workplace, employees can send to the local labor inspectorate, which will be able to record the complaint and initiate proceedings on it.

In addition to your wishes for organizing a comfortable temperature at the workplace in your company, you can send them to Rospotrebnadzor, they will also help you resolve a dispute with your employer.

The amount of punishment and its types

What punishment can an unlucky employer run into? The simplest is the usual fine, the size of which can range from 10 to 20 thousand rubles. Much worse for any organization is a temporary suspension of its activities, which can last up to 90 days. To avoid punishment, it is necessary either to improve the existing conditions, or the employee to the required norm in this case.

How to fix violations?

How can you achieve the required temperature at the workplace in summer? Perhaps the only effective way The solution to this issue is the installation of modern air conditioners, as well as maintaining the existing ventilation system at a high level. No open windows and drafts will help create comfortable conditions in the heat, but only ensure the distillation of heated air from room to room. Another disadvantage of this method is the high risk of colds among people in the room.

With regard to the need to increase the air temperature, the most appropriate is the use of a central heating system.

Until a few years ago, I did not know that during a hot day, employees should have a shortened day. But when I became a manager, I had to study in more detail Labor law to respect all the rights of its employees. Depending on the air temperature outside, a working day is set for employees. If the weather is very hot, then they have to work less. And now I will tell you in detail about it.

To know in what weather and by how many hours the duration of work should be reduced, it is necessary to study the Labor Law. These issues are regulated by the following articles of the Labor Code:

• the maximum allowable operating time in a hot room is set by Art. 212;
• the possibility of organizing a check of the temperature conditions in the working room gives article 216, namely its third part;
• the procedure and rules for drawing up acts that are filled out when checking the temperature regime, as well as their transfer to the competent authorities, is carried out on the basis of Art. 216, namely its fifth part;
• the right of an employee to receive additional payment for work in premises where temperature regime exceeds the established standards 379.

In accordance with the norms set forth in these articles, the employer must organize in his company a temperature regime that meets the requirements. If, for certain reasons, the employer cannot ensure this and influence him, he must comply with the norms of working hours in such conditions.

The requirements for industrial or office premises themselves are described in detail by SanPin norms. A deviation is considered if there is a deviation of 5 or more degrees from the established temperature norm. Each production and various fields of activity have their own temperature standards.

Room categories

The legislation distinguishes 3 types of categories of premises in which different requirements for the air temperature regime are established:

1. First category. There is also a division into 2 types: "a" and "b". The first type includes premises where employees have practically no physical activity, and their work is carried out in a sitting position. Human energy consumption is estimated at no more than 139 watts. In this case, the norm is 21-28 degrees. Type “b” includes premises in which employees are forced to move more often, go from one office to another, and the total amount of energy consumption will not exceed 179 watts. For them, the norm will be 21-24 degrees.
2. Second category. It differs from the first not only in that the amount of energy the employees spend more, but the work itself is of a different nature. There are also 2 subgroups here. Type "a" includes loads on people not exceeding 10 kg, and the total energy consumption should not exceed 290 watts. Then the temperature mode for them is set to 18-27 degrees. Type "b" also does not allow exceeding the established weight limit of 10 kg and energy consumption up to 290 watts. However, here it is allowed to provide a regime from 16 to 27 degrees.
3. Third category includes all other premises and types of work that exceed 10 kg and energy costs over 290 watts. For them, the norm is set at 15-26 degrees.

Each room should be equipped with a thermometer so that these readings can always be monitored. Besides responsible persons should regularly conduct these studies and, if necessary, ensure compliance with the standards. This can be achieved in the following easily accessible ways:

• air conditioning installation;
• organization of additional premises for recreation or other purposes;
• organization of ventilation.

When installing these systems, a re-check of the premises must be carried out and, if it complies with established standards, its category can be changed. You can learn more about this in the following video.

Responsible persons

The employer himself, his executive person in the form of a director, as well as members of the trade union (if any) are obliged to control and comply with the norms. Also, such responsibility may be borne by municipal authorities, employees of SanPin.

In the event of a situation where the established norms cannot be provided to employees, the head of the company is obliged to reduce the work time of his subordinates. For this, an appropriate order is issued. The number of reduced hours will directly depend on the size of the excess of the norms.

From the categorization of all premises and types of work, it can be seen that the highest temperature norm is 28 degrees. Thus, if it is exceeded, the employer must organize the working day as follows:

• up to 7 hours if the norm is exceeded by at least half a degree;
• up to 6 hours if the excess rate was 1 degree;
• up to 5.5 hours when the mode is increased by 1.5 degrees;
• up to 5 hours with a deviation of 2 degrees.

If the air in the room warms up to 32.5 degrees, then employees should work only 1 hour a day. Measurements of thermometer readings should be carried out gradually throughout the day. When fixing an excess of the norm, the employer must prepare an appropriate order based on the recorded excess.

Usually measurements are taken at least 3 times a day. In this case, all results must be recorded in writing in the inspection report. Also, measurements must be made with a special thermometer, which has been verified for the accuracy of the readings.

If a deviation in temperature is detected, the manager responsible for working in this room or another employee must draw up a memo. In it, you must indicate the fixed temperature and ask for the introduction of a shortened day in accordance with these deviations.

Payment

If temperature fluctuations were recorded and work hours were reduced, this should not affect the income of employees. Payment must be made at the full rate, as if employees had worked a full day. However, if the very position of a person provides for the need for him to work in such conditions, then he should receive an additional payment for them.

Manager's inaction

Of course, many employers are unwilling to let their employees go earlier, and also pay them money as if they had worked a full day. Therefore, most companies do not comply with these rules. In this case, employees must take the initiative in their own hands and take action. To do this, it is enough to fix the temperature regime in a special act several times within 1 day and write a complaint. It can be filed in several instances:

• SanPin;
• trade union operating in the organization (if any);
• Prosecutor's Office;
• Labor Inspectorate.

These authorities are required to organize an inspection of the received claim within 10 days. During the audit, measurements are taken, and the measure of punishment is determined. Also, employees have the right to write an application addressed to the head with a request to provide a reduced day for a certain amount of time, depending on the excess of the norm.

It is important that your claim is substantiated in the application itself, otherwise the employer may simply provide you with a few hours of free time during the day, which will not be paid to them in the future.

Refusal to work is made as follows:

1. We write down the name of the head and his position. You must apply directly to your job guide.
2. Specify your personal data and position. Also, this refusal can be drawn up collectively. Then all employees signing this refusal are entered here.
3. Enter the name of the document in the middle of the page. Here it is necessary to write a refusal in connection with the violation of the temperature regime.
4. In the very essence of the refusal, we prescribe, that you refuse to work on a specific date due to the fact that the temperature regime is exceeded by a specific number of degrees. It is also important to indicate that your actions comply with the Labor Code and this right is provided for you.
5. Put a signature and date.

It is better to draw up this document in 2 copies, so that you will be marked on one of them as having received it. This will be proof that you did not skip work, but were absent for a good reason.

Responsibility

These measures apply to the following officials in company:

• senior manager if it concerns office employees;
• engineer involved in the development of labor protection measures;
• most employer;
• chief engineer, for employees of working specialties.

Punishment in all cases will be determined by SanPin employees. For this offense, it is possible to terminate the activities of the company for several months (no more than 3), or to impose a fine of up to 20 thousand rubles.

Directly on the observance of the optimal room temperature at which normal work activities are possible, in Labor Code RF didn't say anything. However, it is said that it is the responsibility of every employer to provide decent, comfortable working conditions for their employees .

This applies not only production factors(compliance with labor protection rules), but also ensuring a normal temperature in the working premises and an acceptable level of humidity.

If the employer does not want to comply with the duties assigned to him in ensuring normal working conditions, then the employee has the right to write a letter of refusal to work, or write, since the work is carried out in dangerous or harmful conditions for his health.

What does the Labor Code say?

Requirements for premises according to sanitary and hygienic standards

Specific norms for the temperature of working rooms various types are set out in the Sanitary Rules and Norms SanPiN 2.2.4.548-96 "Hygienic requirements for the microclimate of industrial premises", approved by the Resolution of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation No. 21 of October 1, 1996. The same document also establishes the hazard classes of premises, in accordance with which employees should receive additional payments for harmfulness.

The maximum working time when working in rooms with high air temperature depends not only on the average temperature, but also on the category of work that employees perform (they differ in the intensity of energy consumption).

A shortened working day is required when working in rooms where the air temperature exceeds the established critical values. The maximum time spent in such premises depends on the group of works (1a-1b, 2a-2b or 3).

Room temperature measurement

You can get information about when the working day is reduced in the corresponding tables given in SanPiN 2.2.4.548-96. But how exactly are the measurements taken, on the basis of which the necessary measures are then taken? This must be done by the employer himself or by a person specially appointed for this procedure. All measurements are made with a thermometer or psychrometer, and then recorded in a special protocol.

Measurements should be taken 3 times a day - in the morning, at lunchtime and at the end of the working day. The results obtained are recorded in the protocol, where, in addition to the average temperature in the room, there will be the following information:

• data on the production room or office in which measurements were taken;
• information about the main appliances that emit heat, moisture, or vice versa, cool the temperature in the room;
• information about the technological and sanitary equipment located in the office;
• other information related to the temperature regime.

If the maximum allowable temperature in the working room has been exceeded, then the employer must either lower it (if technically possible) or shorten the working day in accordance with the recommendations.

How exactly can an employer fix a problem with too high a temperature in the rooms? He can install an air conditioner at the workplace, equip special rest rooms for employees, give them funds personal protection(for example, wet gauze bandages for working in hot shops or special work clothes), as well as slightly change the working schedule or make changes to work time small rest breaks.

The higher the temperature in the working room, the more often it is necessary to take rest breaks.

How to force the employer to comply with labor protection?

If, as a result of measurements, it turns out that the room temperature is too high for normal labor activity, and the employer refuses to take the necessary measures, the employee has the right to file a complaint with State Inspectorate for labor, to the trade union (if there is one at the enterprise), as well as to the sanitary and epidemiological station or even to the prosecutor's office. The investigation will be carried out within 10 working days after receipt of the relevant application.

In addition, the employee has the right to temporarily refuse to perform his professional duties if labor protection requirements are not observed at work (until the situation is corrected). To do this, you will need to draw up a written reasoned refusal and transfer it to the employer.

During a forced day off due to high air temperature in the working room, the employee retains full wages, in accordance with his tariff rate.

Responsibility of the employer for non-compliance with the temperature regime

If the employer refuses to comply with the standards in the field of sanitary and epidemiological well-being of his employees, including in ensuring a normal temperature in the working room, then he will be liable within the framework.

The penalties under this article are as follows:

• individuals - a warning or a fine in the amount of 100 to 500 rubles;
• officials - a fine from 500 to 1000 rubles;
• individual entrepreneurs - a fine of 500 to 1000 rubles;
• legal entities - a fine from 10,000 to 20,000 rubles.

Other penalties may apply to individual entrepreneurs and legal entities. Instead of paying an administrative fine, the regulatory authorities have the right to suspend their activities for up to 90 days, during which all violations in the field of labor protection must be eliminated at the enterprise.