How to prove harmful working conditions. Harmful working conditions Documents confirming work in hazardous working conditions

Hello. I have a legal question that depends on legal practice, which I do not have. To understand the issue, I will describe the situation in general so that it becomes clear.

I am trying to prove in court my right to a preferential pension due to working in hazardous working conditions (in an X-ray laboratory at a nuclear power plant). The whole point is that the organization in which I worked did not submit documents about harmfulness at the time. There are no documents confirming my work with harmful radiation sources. Now this organization does not exist, but it has a legal successor. The assignee gave me an updated benefit certificate and certified copies of orders (on hiring, on transfers in positions, on additional leaves and on dismissal from work). However, based on these documents, the pension fund refused to provide me with a pension.

I went to court. The trial with the pension fund has been going on for almost a year. During this time, both the court and I tried many times to reclaim my personal documents from the closed archive of the successor.

T-2 card,

Job description

Safety instructions,

Orders for additional leave,

Documents confirming work according to list No. 1,

but all to no avail. The most interesting thing is that the legal successor definitely has these documents. They were provided during an on-site inspection of the pension fund and the director of the successor organization signed the inspection protocol. Now the successor is silent. Even repeated appeals to a higher organization and the Russian government did not help. The legal successor is still silent.

Thinking about what could be done in this situation, I decided to invite witnesses to the court, those with whom I worked at that time. All these people have already received a preferential pension due to harmfulness. However, the court referred to the 2010 Supreme Court ruling and refused to invite witnesses. Here is the resolution:

Federal Law of July 24, 2009 N 213-FZ “On introducing amendments to certain legislative acts of the Russian Federation and invalidating certain legislative acts (provisions of legislative acts) of the Russian Federation in connection with the adoption of the Federal Law “On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Fund” insurance and territorial compulsory health insurance funds", entered into force on January 1, 2010.

The Civil Procedure Code of the Russian Federation establishes that the circumstances of the case, which by law must be confirmed by certain means of evidence, cannot be confirmed by any other evidence.

Based on what was stated when considering a dispute on recognition of the right to early assignment of a retirement pension, the court does not have the right to accept the testimony of witnesses as admissible evidence of the nature of the work.

The nature of the work means working conditions that are harmful in their impact on the employee’s health (hot, chemical, underground, hazardous and other hazardous industries).

It turns out that the court really correctly (according to the law) refused me. Although, to be honest, this is an extremely strange law.

However, there is one loophole that I want to catch on. At that time, I not only worked in hazardous conditions, I worked in a complex team.

An integrated team is a group of workers of various professions united to jointly perform a complex of technologically heterogeneous but interrelated work to produce any final product or its component part.

According to the forms of internal division of labor, complex teams are:

With complete division of labor (each worker does his own job)

With an incomplete division of labor (each worker, along with his own work, also does someone else’s)

Without division of labor (when a worker of each profession performs all operations and work processes that are part of the work of the team)

I just had it without division of labor, i.e. everyone was doing the same job. Based on this, I want to demand the court to invite witnesses (the foreman and several employees) so that they confirm the team’s integrated method of work without division of labor. Thus saying that they worked in the same working conditions with me. But they have already proven that they worked in harmful conditions back then and have a preferential pension, and since we worked in the same conditions, it means that I worked in harmful conditions.

Question: Do you think the court is obliged to listen to such arguments? And won’t he be able to refuse me to invite witnesses this time too? How to correctly raise the question of inviting witnesses? And in general, can you recommend anything else, maybe I missed something?

“Milk is harmful” is an expression that has been heard by more than one generation.

This meant and means that people work in enterprises and production where there are high health risks. The negativity that a person receives from such work was smoothed out, at least with free milk (we are talking about the Soviet Union, where milk was given out free of charge, according to the established norm, depending on the impact of the aggressive environment on a person).

Today, they don’t give milk for being harmful, but “for being harmful” they are entitled to other additional payments and benefits that compensate for hard and harmful work.

Legislative regulation

Unfortunately, not many people can boast of excellent or satisfactory knowledge of the regulatory framework. Accordingly, few people know what types of work fall under the category of hazardous work, and workers do not know what rights and benefits, entitlements and additional payments they can receive.

Today, this area regulates:

Labor Code of the Russian Federation.
Government Decree No. 198/P-22.
Government Decree No. 188.
Federal Law No. 426 “On special assessment of working conditions.”

Lists with lists of professions

Harmfulness at work divided into levels, namely:

1st degree. It refers to changes in the body that occur after a person stops such activities.
2nd degree. With such a degree of harmfulness, persistent changes occur in the body, leading to the development of chronic ailments, especially if a person has been working in production for more than 15 years.
3rd degree. This degree entails permanent destruction of health, which may result in loss of ability to work.
4th degree. This degree denotes a functional disorder, etc., which entails a complete loss of disability.

The impact that hazardous production has on humans cannot be assessed.

Such harm is usually measured by objective indicators, namely:

Today, there is a Government Resolution according to which people working in hazardous conditions have the right to receiving certain benefits. The first list was approved more than 60 years ago and applies to those people who began their working career under the Soviet Union, the second list of hazardous professions is intended for people working in modern Russia.

List 1– critical degree of severity and harmfulness. List 2– a list of hazardous professions, has many subsections, with a clear description of hazardous professions, enterprises, and positions.

List 1

The law establishes that men who are 50 years old can apply as they accumulate specific experience, namely from 20 years. Moreover, from this experience, the period of work with harmful conditions must be equal to 10 years.

For women, a different age range is established, namely, reaching 45 years of age, with a total work experience of 15 years. At the same time, they must work in hazardous production for at least 7 years.

IN list of this list includes employees who are involved in:

Mining works.
In the production of metal, gas, and petroleum products. In the construction, chemical and glass industries.
Healthcare, transport and printing.
Other professions specified in the Government Decree.

List 2

At the Government level, it has been approved that List 2 allows you to obtain the right to take a well-deserved rest legally upon reaching a certain age.

Namely:

Men are allowed to receive the right to early retirement only upon reaching 55 years of age. This becomes possible, taking into account the presence of at least 12 years of experience in hazardous work, with a total experience of 25 years.
women can begin to prepare for early retirement from the age of 45. Such persons must work in hazardous conditions for at least 10 years with a total experience of 20.

The resolution determines that List 2 allows the following categories of citizens who have completed their working career to exercise their right to early retirement:

Mining and industry.
Employed in the production and processing of metal, coal and slate.
Carrying out activities in the field of communications, as well as the food industry, railway transport and social security.

It is important to note that this will vary depending on length of service. Thus, the higher the length of service and salary level, the higher the accrual will be.

The following video material describes harmful working conditions in the workplace:

Dear pensioners! Establishing the fact of working under special working conditions in court is something that is often faced withour pension lawyers will encounter in practice.

Indeed, numerous disputes related to harmful and (or) dangerous working conditions are not always within the framework of labor legislation, but nevertheless, they are all related to workers defending their guaranteed rights. An extensive regulatory framework that goes beyond labor legislation makes it difficult for workers to understand the essence of the issue and the ability to protect their rights.

The Labor Code does not contain a definition of what constitutes harmful and (or) dangerous working conditions, but the answer to this question can be found in Art. 14 of the Federal Law of December 29, 2913 “On special assessment of working conditions.”

Generally speaking, harmful working conditions (third class) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by standards (hygienic standards) for working conditions; further division into subclasses is determined by the degree of influence of production factors on the worker’s body and the likelihood of occupational diseases.
It would be a mistake to believe that hazardous working conditions are found only in manufacturing plants. Order of the Ministry of Health and Social Development dated April 12, 2011 No. 302n “On approval of the Lists of harmful and (or) hazardous production factors and work, during which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and in work with harmful and (or) dangerous working conditions”, the category of workers exposed to harmful influences includes not only workers in the chemical or processing industries, but also a number of professions related to the social sphere .
It is quite justified that special benefits are provided for this category of workers in the form of additional leaves, reduced working hours, monetary compensation and early retirement; the Labor Code regulates this issue in sufficient detail. Fulfillment of the main part of the requirements of labor legislation regarding the provision of benefits to this category of workers rests with the employer, and this is where difficulties begin that force workers to go to court to protect their rights.
Disputes related in one way or another to harmful working conditions can be divided into several groups.

The first group of disputes. It includes the bulk of the claims, and is related to the non-payment of monetary payments in the form of compensation for harmful working conditions.
The second group of disputes. Recognition of the very fact of performing work under hazardous working conditions, which gives the right to preferential pension benefits.
The third group of disputes is closely related to the second group of disputes, but claims are brought not against the employer, but against the management of the Pension Fund for refusal to include periods of work associated with exposure to harmful factors in the length of service. The cases classified in this group are not labor disputes, they relate to disputes related to violation of pension legislation, but the reason why they are still considered in this article is that they affect the rights of employees in connection with the performance of harmful and ( or) hazardous work.
The fourth group of disputes. This may include almost isolated claims related, for example, to a claim for compensation for moral damage in connection with an occupational disease or to claims that milk was released as harmful.

Let's look at all the groups in more detail.
FIRST GROUP OF DISPUTES - As mentioned above, the obligation to pay compensation to workers for harmful working conditions rests with the employer. However, in judicial practice there are cases where employers do not fulfill this obligation, depriving employees of the payments they are entitled to.
Judicial practice. Decision of the Barabinsky District Court of the Novosibirsk Region dated July 24, 2013.
Barabinsky transport prosecutor in the interests of Sh.L.V. filed a claim with the court against the Nodal Hospital at the station. Barabinsk OJSC "Russian Railways" and asked to oblige the defendant to pay Sh.L.V. additional payment for harmful and dangerous working conditions for the period from 06/01/2010 to 12/31/2012 in the amount of 15% of the basic salary.
Thus, during the inspection it was established that Sh.L.V. has been working in this position since November 1, 2009. From the same date to December 31, 2012, Sh.L.V. additional payment for harmful and difficult working conditions was illegally not paid, since by order of the chief physician of the National Health Institution “Nodal Hospital at St. Barabinsk JSC "Russian Railways" dated March 29, 2010, it was canceled with reference to the Order of the Ministry of Health and Social Development of the Russian Federation dated October 28, 2008 No. 598n, which is not legal, since according to the explanation of the Ministry of Labor and Social Protection dated October 1 .2012 “On the procedure for providing employees engaged in work with harmful and (or) dangerous working conditions with reduced working hours, annual additional paid leave, increased wages, in accordance with paragraph 1 of the Decree of the Government of the Russian Federation of November 20, 2008 870" workers employed in workplaces with harmful and dangerous working conditions, based on the results of the certification of workplaces for working conditions, must be provided with compensation not lower than those established in paragraph 1 of this Resolution. Additional payments can be reduced or withdrawn only based on the results of workplace certification. However, workplace certification was not carried out until April 2013.
Representatives of the defendant - NUZUlovaya Hospital at the station. Barabinsk OJSC "Russian Railways" - the stated claims were not recognized, the court was explained and indicated in written objections to the stated requirements and additions to them that the bonus for work in harmful and difficult working conditions was paid to employees of the National Health Institution "" Junction Hospital at the station of Barabinsk OJSC "Russian Railways" on the basis of Order of the Ministry of Health of Russia dated October 15, 1999 No. 377, which became invalid in accordance with Order of the Ministry of Health and Social Development dated October 28, 2008 No. 598n. The increase was made in the amount of 15% of the basic salary until May 31. 2010 and was canceled on 06/01/2010 by Order No. 118 - without conducting workplace certification. This issue was resolved by commission, taking into account the opinion of the chairman of the trade union organization, the workers were notified two months in advance and had already recalculated wages (compensation) on a voluntary basis. for work in hazardous conditions) from DD.MM.YYYY to December 31, 2012 for employees, including Sh.L.V., in the amount of 4% of the tariff rate (salary).
When deciding to reduce the percentage of additional payment, the employer did not take into account the clauses of the employment contract regulating the payment procedure, that is, the parties had previously agreed on these conditions and reducing the amount of compensation based on the order is a unilateral change in the terms of the employment contract.
Thus, when making a decision in this case, the court found a violation of the current Labor Code, namely Art. 72, which prohibits unilateral changes to the terms of an employment contract in the form of changing the amount of additional payment from fifteen percent to four.
The court decision satisfied the claim.
SECOND GROUP OF DISPUTES - In order to receive benefits provided for by labor legislation, persons engaged in work with harmful and (or) dangerous working conditions, it is necessary to establish the very fact of performing such work.
As practice shows, even the fact that the work is classified as harmful and (or) dangerous is not a guarantee that the period of work in hazardous production will be recognized as such. For example, in this case.
Judicial practice. Decision of the Federal Court of the Avtozavodsky District of Tolyatti dated November 28, 2011
The plaintiff asks to recognize the performance of work as a painter under special working conditions with the use of hazardous substances of at least the third hazard class and employment of at least 80% of the working time during periods of work from DD.MM.YYYY to DD.MM.YYYY and from DD.MM. YYYY by DD.MM.YYYY at AvtoVAZ OJSC, as she worked with paints, putties and varnishes containing benzene, methanol, toluene, xylene, and with a spray gun during tubeless painting indoors. The plaintiff was provided with additional paid leave and was given a special suit and shoes. She has the right to early assignment of an old-age labor pension.
The representative of JSC AvtoVAZ, the defendant, does not agree with the claim, since according to the List of professions approved in 1992, in 1995 in the Development Department of JSC AvtoVAZ, in workshop 3834, where the plaintiff worked, the profession “painter” was not available. During the specified periods of work, the plaintiff did not have full-time employment while performing work using substances of at least the third hazard class. According to the work instructions, the plaintiff, as a painter, had to perform work on painting various surfaces, wallpapering walls, tiling with ceramic and other tiles, plastering and priming walls, and cleaning the premises after renovation work. This work does not apply to working with substances of at least the third hazard class. The defendant agrees that the plaintiff, while performing her work, had contact with harmful substances, due to which she received an additional payment of 16% and additional vacation days.
During the consideration of the case, the court took into account the arguments of the defendant’s representative and came to the conclusion that the plaintiff actually worked with substances of at least the third hazard class, but less than 80% of the working time, on the basis of which the claim was rejected.
Calculation of time when determining the period of work with harmful and (or) dangerous working conditions is very important, since the length of service includes only work performed continuously, that is, for a full working day for the entire period of work with harmful and (or) dangerous working conditions, which is directly stated in paragraph 4 of the Decree of the Government of the Russian Federation of July 11, 2002 No. 516.
THIRD GROUP OF DISPUTES - Disputes from this group are very often considered in the courts, with a favorable outcome for the plaintiff, but there are exceptions.
Judicial practice. Cassation ruling of the Judicial Collegium for Civil Cases of the Belgorod Regional Court dated February 13, 2012 in case No. 33-81-17.
M.V.N. from 02/01/2001 to 07/20/2003 he worked in M. as a blacksmith. In fact, he performed work as a hand-forged blacksmith. In his opinion, his work experience as a hand-forged blacksmith as of November 10, 2010 was more than eight years, which gave him the right to receive an early retirement pension in accordance with paragraphs. 1 clause 1 art. 27 of the Federal Law “On Labor Pensions in the Russian Federation” at the age of 52. However, the pension authority refused to grant a pension.
The case was initiated by the claim of M.V.N., who asked to recognize the fact of working as a hand-forged blacksmith in M. in the period from 02/01/2001 to 07/20/2003 with full-time employment, recognizing his right to early retirement retirement pension, obliging the defendant to count the above-mentioned period of work as a hand-forged blacksmith in the company into the special length of service entitling him to a preferential pension and oblige the Administration of the Pension Fund of the Russian Federation in the Chernyansky district to assign him an early retirement retirement pension from November 10, 2010 G.
The defendant's representative did not admit the claim, citing the fact that the plaintiff was hired and fired as a blacksmith. No surveillance case was opened against M. Individual information for employees was submitted only with total length of service without indicating a benefit code.
The court decision rejected the claim.
At the court hearing it was correctly established that M.V.N. did not submit in accordance with Art. 56 of the Civil Procedure Code of the Russian Federation of evidence confirming the performance of work as a hand-forged blacksmith in the period from 02/01/2001 to 07/20/2003. The fact that he worked as a blacksmith during the disputed period does not give him the right to early assignment of a labor pension, since this position is not named in List No. 1.
References in the complaint to the fact that the plaintiff during the disputed period of time actually performed work as a hand-forged blacksmith are not supported by anything.
The testimony of witnesses A. and Sh. cannot serve as evidence of the actual performance of the work of a hand-forged blacksmith, since this evidence is inadmissible (Article 60 of the Civil Procedure Code of the Russian Federation). According to paragraph 3 of Art. 13 of the Federal Law “On Labor Pensions in the Russian Federation”, in some cases, it is allowed to establish length of service based on the testimony of two or more witnesses in the event of loss of documents and for other reasons (due to careless storage, intentional destruction and similar reasons) not through the fault of the employee. The nature of the work is not confirmed by witness testimony. The nature of work refers to the peculiarities of the conditions for carrying out the labor function. A special feature of the working conditions of a blacksmith is hand forging.
Decision of the Chernyansky District Court of the Belgorod Region dated November 25, 2011 on the claim of M.V.N. to the administration of the Pension Fund of the Russian Federation in the Chernyansky district on establishing the fact that the work was performed by a hand-forged blacksmith and recognizing the right to an early retirement pension in old age was left unchanged, the cassation appeal was not satisfied.
FOURTH GROUP OF DISPUTES - As already mentioned, this includes quite rare cases, for example, such as a claim for compensation for moral damage in connection with an occupational disease.
Judicial practice. The case was considered by the Judicial Collegium for Civil Cases of the Irkutsk Regional Court under No. 33-621/13.
In support of the stated requirements, K.N.N. indicated that he worked for the defendant, his work activity was directly related to work in hazardous working conditions and the presence of unfavorable production factors in the workplace, as a result of which the plaintiff acquired a number of occupational diseases: occupational chronic toxic dust bronchitis of the second stage, unstable remission, secondary bronchial asthma of moderate severity, stage of clinical manifestations, chronic compensated cor pulmonale. Indicates that, as a result of an acquired occupational disease, he is experiencing severe moral and physical suffering, expressed in weakness, severe shortness of breath, constant use of medications, and sleep disturbances.
He asked the court to recover from LLC “R” in favor of the plaintiff compensation for moral damages and the costs of paying for the services of a representative.
The court of first instance partially satisfied the claims, taking into account all the factual circumstances of the case, the degree of loss of professional ability of the plaintiff, the severity and nature of his occupational disease, state of health, and the degree of guilt of the employer.
The decision of the Bratsk City Court of the Irkutsk Region dated October 25, 2012 in this case was left unchanged, and the appeal was not satisfied. Disputes related to harmful and (or) dangerous working conditions are not always within the scope of labor legislation, but they are all related to workers defending their guaranteed rights. A large regulatory framework, which, as already mentioned, goes beyond the scope of labor legislation, makes it much more difficult for workers to understand the essence of the issue and the ability to protect their rights.
In most cases, refusals by pension funds when an employee applies for early retirement are due to the lack of documents confirming the length of service. Perhaps, during their working life, this is not given importance, employees replace absent colleagues, work overtime, perform work not provided for in their employment contracts - all this remains without proper registration and at the time of applying to the Pension Fund becomes the reason for refusal. It is not always possible to prove your case in court, since each party must prove the circumstances to which it refers as the basis for its claims and objections.

You can obtain more detailed information on pension law as part of a free consultation with a pension lawyer at the Law Center "Zakon"

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Material prepared by lawyer Danila Bagrov

1. Documents confirming additional indicators (factors) of employment in hazardous working conditions. What documents are these? 1.2. If the organization has not yet done workplace certification or is it now called a special assessment. Employees are hired for positions such as *Electric and gas welder engaged in cutting and manual welding* - providing benefits. Accounting reports on them as harmful. Since previously, according to the law, if there is no certification of jobs, then such positions are automatically considered harmful

Answer

Answer to the question:

Currently, unfortunately, there is no such provision in the legislation of the Russian Federation.

Annual additional paid leave, other guarantees and compensations (reduced working hours, increased wages, provision of milk, etc.) are provided, including for work in hazardous working conditions.

To identify harmful working conditions at a particular workplace and establish compensation for employees working in such places, the employer is obliged to conduct a special assessment of working conditions.

If before January 1, 2014, the organization carried out certification of workplaces for working conditions, then, in general, a special assessment of working conditions in relation to such workplaces may not be carried out for five years from the date of completion of this certification. For the purposes of a special assessment of working conditions, you can use the results of this certification, carried out in accordance with the previously existing procedure. The exception is when the employer needs to conduct an unscheduled assessment (Part 1, Article 17 of Law No. 426-FZ of December 28, 2013).

Thus, additional leave, other guarantees and compensation to an electric and gas welder for working in hazardous working conditions (if recognized as such) are provided based on the results of a special assessment (job certification) in an amount of at least seven calendar days.

It should be noted that the position of electric and gas welder is provided for in the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved. Moreover, according to this List, in order to provide additional leave, the work of an electric gas welder must be carried out under certain conditions.

In addition, Article 219 of the Labor Code of the Russian Federation establishes the right of workers to compensation for work in harmful and (or) dangerous conditions, which means that appropriate compensation must be provided to employees for such work. The issue of providing compensation for the period before the special assessment may be decided by the court in favor of the employee, since the work was carried out in harmful conditions(see, for example,).

The court in this decision stated that the lack of certification does not relieve the employer from the obligation to provide additional payments and compensation to an employee engaged in heavy work or work with harmful (dangerous) working conditions.

For preferential pension:

In general, a citizen has the opportunity to receive a preferential pension if the following conditions are simultaneously met:

reaching a certain age;

presence of installed;
presence of a value of at least 30;
availability of the necessary experience in the relevant types of work.

Details in the System materials:

1. Answer:How to organize work under harmful or dangerous working conditions

Harmful working conditions

Harmful working conditions are production factors that can cause various types of diseases in an employee. Such conditions include, but are not limited to, radiation, noise, vibration, etc.

You can find out which jobs are harmful using industries, workshops, professions and positions with approved ones.

In addition, you can use approved:

harmful and (or) hazardous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out;
work during which mandatory preliminary and periodic medical examinations (examinations) of workers are carried out.

At the same time, in order to identify harmful working conditions in a specific workplace and employees working in such places, the employer is obliged to conduct.

Types of compensation

Currently, compensation for work in harmful and (or) dangerous working conditions is established as follows:

Reduced working hours in the general case are no more than 36 hours per week and 8 hours per day (or 6 hours in a 30-hour work week), provided that, based on the results of a special assessment, the working conditions at the employees’ workplaces are classified as hazardous working conditions 3 or 4 degrees or dangerous working conditions. As an exception, working hours can be increased to 40 hours per week if there are appropriate conditions in industry, inter-industry agreements or collective agreements, as well as the written consent of the employee. Consent should be formalized in the form of a separate agreement to the employment contract. And in this case, the employee is additionally paid monetary compensation in the manner, amount and under the conditions established by industry agreements or collective agreements. As an exception, the daily working day can also be increased to 12 hours in a 36-hour work week and 8 hours in a 30-hour work week with the written consent of the employee and subject to appropriate conditions in industry and collective agreements. In this case, monetary compensation for an increased working day while maintaining the weekly standard of working time is not paid, unless a different procedure is provided for in the above agreements. As a result, the specific duration of an employee’s working hours is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment.

The annual additional paid leave is at least seven calendar days, provided that, based on the results of a special assessment, the working conditions at the employees’ workplaces are classified as harmful conditions of the 2nd, 3rd or 4th degree or hazardous working conditions. The specific duration of additional leave for an employee is established by an employment contract on the basis of an industry (inter-industry) agreement or a collective agreement, taking into account the results of a special assessment. If the additional leave exceeds the minimum duration of seven calendar days, then the days of excess may be replaced by monetary compensation in the manner, amount and under the conditions established by industry and inter-industry agreements, as well as collective agreements.

Remuneration for workers engaged in work with harmful or dangerous working conditions is set at an increased rate. The minimum increase is 4 percent of the tariff rate (salary) established for various types of work with normal working conditions. The employer establishes the specific procedure for promotion independently, taking into account the representative body of employees in an employment or collective agreement or in a local act in the manner provided for in the Labor Code of the Russian Federation.

Among other things, in jobs with hazardous working conditions, workers are given free milk or other equivalent food products according to established standards. Upon written statements from employees, the provision of milk may be replaced by monetary compensation in an amount equivalent to the cost of milk, provided that such a replacement is provided for by a collective or labor agreement. In jobs with particularly hazardous conditions, free therapeutic and preventive food is provided. Milk standards are approved in

The legislation defines hazardous conditions as factors present at work during the performance of official duties that are harmful to human life and health.

People working at such enterprises have the right to benefits and wage supplements. What is needed for this?

What is it

Working conditions in general are factors present during work that directly or indirectly affect human health.

Conditions that have no or minimal impact on employees are considered safe. At the same time, performance does not decrease and health does not deteriorate.

Accordingly, harmful conditions are factors that adversely affect the human body and lead to deterioration in the functionality of organs, contributing to the exacerbation of chronic diseases and reducing life expectancy.

Potentially hazardous working conditions are classified into 4 types based on severity:

List of professions

The Government Decree of March 29, 2002 specifies a complete list of professions that have hazardous working conditions.

These include workers:

coal industry;
mining industry;
abrasive and metallurgical production;
electric power industry;
chemical and petroleum industry;
radio engineering, electrical and electronic production;
geological exploration;
microbiology;
enterprises for the production of hydrometers and thermometers.

Who cannot work in hazardous industries

The Labor Code provides a list of persons who cannot be employed in production with hazardous working conditions:

minor citizens;
pregnant women;
women with children under 1.5 years of age;
part-time workers, if the main job also involves fulfilling obligations at an enterprise with hazardous working conditions.

What applies

Harmful working conditions are considered factors that adversely affect the human body and its future offspring.

Type of factor	What applies
Physical	Solar radiation, dust, thermal radiation, ambient temperature, air humidity, wind, aerosols, vibration, ionizing, ultraviolet and laser radiation, pulses, electromagnetic fields, vibration, uneven, excessive or insufficient lighting
Chemical	Biological and chemical substances and components obtained by chemical synthesis (for example, hormones, enzymes, etc.)
Biological	Substances and mixtures of biological origin (for example, bacteria, fungi, microorganisms, spores, etc.)
Labor	Long work process, the need to work with weights, physical and mental tension

The professions listed in the list require constant employment in production with harmful factors that provoke occupational diseases and deterioration of health.

How to prove

According to the Federal Law of December 28, 2013 “On Special Assessment of Working Conditions,” the employer is obliged to regularly assess working conditions at work.

To achieve this, a set of measures is carried out by a specialized organization aimed at identifying harmful conditions.

Humidity and temperature during the production process, the accumulation of hazardous substances in the air, and the presence of radiation and radiation are studied.

If, as a result of the assessment, the conditions are recognized as harmful, then the corresponding resolution is issued to the head of the organization.

If an employee doubts the safety of working conditions, he has two options:

refer to the list of professions approved by the Government of the Russian Federation;
contact the manager to obtain the latest conclusion on the assessment of working conditions.

The legislation contains several regulations that regulate the rights and obligations of managers and employees of an enterprise when conducting appraisal work:

Law No. 426	Assigns responsibilities for organizing assessment work to the employer. Inspection should be carried out every 5 years, or when working conditions change
Law No. 426	Obliges the employer to create all the necessary conditions for carrying out assessment work. He must provide all the necessary documents and information requested by specialists when checking working conditions. The employer is also obliged not to take actions that could distort the result of the assessment work. After the test, all employees must be familiarized with the results
Law No. 426	The employee has the right to be present at the workplace during the inspection, as well as to contact the employer and specialists conducting the assessment to clarify any work issues that have arisen.
Law No. 426	Explains the reasons and rules for conducting an unscheduled assessment of working conditions

Help and its sample

For presentation to the Pension Fund and other government agencies, they often request a certificate of harmful working conditions.

It is compiled at the enterprise; there is no standard sample, but the document must indicate the following data:

Full name of the employee, insurance certificate number;
registration number of the organization in the Pension Fund of Russia;
position, length of service;
nature of employment;
leaves at your own expense and other unmotivated absences from the workplace are indicated.

At the end of the document the round blue seal of the organization and the signatures of the managers are affixed.

Compensation

The legislation provides for compensation and benefits for workers in hazardous production:

shortened working week (no more than 36 hours);
additional paid leave of at least 7 days;
salary supplements (at least 4% of the salary);
free trips to sanatoriums;
preferential pension, reduction of retirement age;
issuance of free consumables (working clothes, work tools).

The law also requires a medical examination of all workers engaged in hazardous work at the expense of the enterprise.

The frequency depends on the severity of the conditions, but should be at least once every 12 months. Some professions require an unscheduled examination during employment to identify possible diseases that impede employment.

Underground industry workers undergo daily inspection twice a day: before starting work and after finishing work. If the medical examination reveals abnormalities, the employee will not be allowed to work.

Preferential pensions

A preferential pension for work in hazardous production is assigned according to the conditions provided for in the “On Pensions”.

According to this legal form, the following categories of persons can apply for early departure from work:

Underground production	Men retire at the age of 50, provided that their work experience in this field is 10 years or more, and their total experience in all enterprises is 20 years or more. Women are required to have 15 years of total experience and a minimum of 7 years of underground work to retire at age 45. If you worked in harmful conditions for less than the specified period, then for each “harmful” year the retirement age is reduced by 12 months.
Agriculture	Male machinists can expect to retire at 50
Textile industry	For women with 20 years of work experience in this field, the retirement age is reduced to 50 years
Medicine	Medical workers retire after reaching 25 years of work experience in rural areas and 30 years of work experience in the city. Age doesn't matter
Teachers	Teachers retire after 25 years of service
Ministry of Emergency Situations, fire service	Men with 25 years of experience and women with 20 years of experience retire at 55 and 50 years, respectively.
Correctional facilities	Men retire at age 55 with 15 years of experience, women retire at age 50 with 10 years of experience.
Fishing industry, civil aviation	similar to the Ministry of Emergency Situations
Public transport.	Drivers retire at 55 and 50 years of age with 20 and 15 years of experience for men and women, respectively.
Locomotive and diesel locomotive drivers	Man: at 55 years old with 25 years of experience and women: at 50 years old with 20 years of experience
Geological exploration	Men: 55 years old and 12.5 years of experience, women: 50 years old and 10 years of experience

To apply for a preferential pension, you must contact the Pension Fund with the following documents:

passport;
certificate of compulsory pension insurance;
certificate from the place of work about the harmfulness of the profession.

The Pension Fund will need to write an application for a preferential (early) pension. You can contact the authorities in advance, but not earlier than a month before reaching retirement age.

The pension is issued within about 10 days, after which all the necessary documents are issued. If questions arise at the Pension Fund, the process may take up to 30 days, but no more.

Workers in hazardous industries often have to defend their rights to a preferential pension. Due to the incompetence of the employer, who for some reason did not conduct an assessment of working conditions, or it was drawn up in an incorrect form, employees may be left without benefits.

And errors are often found out at the time of registration of a pension, when it is required to present a certificate of hazardous work.

In case of violation of rights, the employee must go to court. To prove the rightness of the citizen who applied, an independent examination is carried out to assess the harmfulness of working conditions.

If the presence of unfavorable factors at work is confirmed, the employee is issued a pension on preferential terms after issuing the required certificate.

Harmful working conditions for roofers

The roofer profession is a potentially dangerous one, since work is carried out at high altitudes with various materials.

Only physically healthy persons who have reached the age of majority and have completed safety courses are allowed to perform official duties.

The employer is required to comply with legislative norms and rules regulating that roofing work is not carried out during heavy precipitation and wind. If an accident occurs at work, all responsibility falls on the employer.

A roofer is entitled to a free annual medical examination, personal protective equipment, additional paid leave, a preferential pension and other benefits.

Working in production with hazardous working conditions is dangerous to health and life. It leads to the appearance of chronic occupational diseases, deterioration of vision, hearing, and mental abilities.

Work leads to early aging of the body, increasing the risk of severe diseases, including cancer. And to compensate for the impact of adverse factors on the body, the state has developed numerous benefits.

The employer is required to comply with regulations and create the safest possible conditions for employees, regularly conduct occupational hazard assessments and familiarize employees with the results obtained.