Workers of hazardous industries, as well as enterprises assuming employees to perform labor duties in a specific temperature environment, subject to contaminated workplaces, have the right to rely on the free receipt of special clothing and personal protective equipment. What legal acts adopted in the Russian Federation guarantee this? What is the procedure for the issuer to issue appropriate funds?
Does the employer have to give out work clothing?
In accordance with Articles 212 and 221 of the Labor Code of the Russian Federation, Russian companies are obliged to buy protective clothing, personal protective equipment and provide them for use to employees who are employed in jobs that are classified as harmful or dangerous, as well as those that are carried out in specific temperature conditions or suggest a high level of contamination of the workplace. The employer must also comply with the standards for the issuance of work clothing and PPE (personal protective equipment), as provided for in legislative provisions.
The issuance of products should be carried out in a timely manner. That is, it is inadmissible for, for example, an employee who has just come to the company to start working without appropriate protective equipment. Overalls and other personal protective equipment should be appropriate for the employee in size, be compatible with the gender criteria (that is, it is undesirable for men to issue uniforms with flowers), as well as the nature of the work performed.
If the employing company does not provide PPE for an employee who works in hazardous production, in conditions of pollution or in a special temperature environment, then the employee has the right to refuse to fulfill his duties - this guarantee fixed by law. Moreover, if an employee does this, the employer will not have the right to bring him to disciplinary liability and other penalties.
Is overalls and PPE the same thing?
Is there a fundamental difference between workwear from PPE? According to a common definition, PPE means funds that are used to prevent or reduce the impact on employees of enterprises of harmful production factors and pollutants. Overalls are one of the possible PPE options, along with shoes and various insulating products - suits, respirators, gas masks, gloves, etc. Therefore, in a number of contexts, the two terms in question can be synonymous.
Specifics of legislation
Typical standards for the issuance of overalls are contained, as a rule, in legal acts issued by executive bodies. For example, such provisions are in the Order of the Ministry of Health and Social Development No. 541n of 10/01/2008. This legal act approved the standard norms for the issuance of free workwear and other types of personal protective equipment for workers employed in through production areas, as well as in areas characterized by harmful conditions labor, and in workplaces with increased pollution or special temperature environments. This document contains a list of types of clothing and PPE, as well as norms for their issuance for a year. The names of working professions, which are included in the legal act, fixing the standard norms for the free issuance of workwear, are taken from various sources. These are mainly qualification manuals containing classifications of positions and professions.
Provisions that determine the order in which extradition of personal protective equipment should be provided to employees is enshrined in the Rules for providing employees with special clothing and personal protective equipment.In particular, it says that specialists in those professions that provide standard standards for the issuance of workwear, personal protective equipment and other items are issued regardless of whether their particular position is present in qualification handbooks and other industry regulations.
The Ministry of Social Development may also issue other provisions governing procedures for the issuance by employers of free workwear to employees. For example, these may be Orders that regulate relevant activities in a particular area - utilities, water management, construction, mining, metallurgy, the oil and gas complex, etc.
The determining factor in determining the obligation to issue personal protective equipment and work clothing for the employer is not so much the profession as the actual conditions of production. For example, if we are talking about a chemical enterprise, then in any case the standards for the issuance of workwear for drivers, welders, locksmiths, crane operators - all those who are engaged in areas characterized by harmful environments or special temperatures will be set. However, specific types of personal protective equipment and work clothes, which are optimized for use by specialists in specific positions, can be defined in laws. For example, the standards for the issuance of workwear for drivers in the food industry involve equipping workers with signal suits, hats, insulated vests and jackets, leather boots, as well as gloves that are coated with polymer. In turn, for workers who manage vehicles in the electric power industry, the relevant standards may determine the need for raincoats to be protected from water, felt boots, and special suits.
It can be noted that the rules regarding the supply of workers with work clothes are the prerogative not only of Russian legislation, but also of other countries. Similar legal acts in many legal areas are valid, for example, in Belarus. The standards for the issuance of workwear in Belarus, in general, are determined by the same principles as in the Russian Federation. Employees of Belarusian enterprises in those areas where harmful production is expected should receive the necessary protective equipment for free.
PPE certification
The standards for the issuance of work clothing imply that the appropriate personal protective equipment issued to employees must be certified. Article 212 of the Labor Code of the Russian Federation expressly states this. The certification in question should be carried out on the basis of the provisions contained in the Decree of the State Standard of the Russian Federation No. 34 of 06/19/2000, in which the relevant norms were approved and put into effect. When purchasing workwear and PPE, the employer must check whether the documents for the supply of goods marks of conformity and other information confirming the fact that PPE is certified.
It is possible that the employer complies with the provisions of the law, reflecting the standards for the issuance of work clothing, releasing PPE on their own in their own production. But in this case, certification is needed. How to spend it? To do this, you must contact the state body, which is accredited by the State Standard. In general, it will be one of the units of the All-Russian Scientific Research Institute of Certification. This institution has several testing laboratories in which certification is carried out. The main criterion in the study of workwear and PPE produced by the employer is compliance with GOST, which defines various requirements for the quality of products. In the process of certification of overalls and PPE, it is determined how they comply with the requirements of GOST, classified as general, as well as GOSTs, which regulate a specific type of PPE. Also, in some cases, clothing can be examined for compliance with technical specifications and other documents.
Having purchased overalls and other personal protective equipment in the right amount, the employer must also organize a quality check of the products.For this, it is necessary to form a commission of 3 people or more. If the company buys workwear and PPE that are manufactured abroad, then these products must also be certified, as well as have a declaration of conformity, which confirms that their use is safe.
Extradition of clothing
An option is possible in which the employer wishes to exceed the statutory standards for the issuance of workwear. This may be additional personal protective equipment, shoes and other products. This right is assigned to companies in the provisions of Article 221 of the Labor Code of the Russian Federation. In this case, the position on this issue of the union may be taken into account. But the main factor is the company's own financial capabilities, as well as priorities in building a loyalty policy in the field of staff management. An employer can provide its employees with those types of personal protective equipment that do not include standards for the issuance of work clothing in official legal acts. But at the same time, certification may be required in the established order of specialists' jobs. The main source of law during its implementation is the Order of the Ministry of Health and Social Development No. 569 of 08/31/2007. The standards for the issuance of protective clothing and PPE provided for in the laws must be respected in any case. Only if the employer has ensured this conformity can he think about giving employees additional types of workwear.
Documentary support
It is interesting to consider such an aspect as document circulation in the process of implementation by the employer of the provisions of the law that determine the standards for issuing free work clothes. Work with certain documents in the process of providing employees of PPE firms begins already upon signing an employment contract. The employer at the appropriate stage of formalizing relations with a specialist should familiarize the new employee with the rules and regulations governing the issuance of workwear.
Also, the workflow, the need for which is determined by the norms for the issuance of workwear to employees, implies that the employer will create a register of processions and posts for which PPE should be issued. This is usually a corporate document that reflects the relevant information. It should prescribe the procedure under which PPE will be issued, used and stored. The structure of the document in question may look something like this: a list of professions and positions is created, and on the contrary, the dates of use of personal protective equipment and work clothes, the number of copies of products that an employee should receive, and the frequency of their issuance are created.
| Full name | Position | Type of workwear | amount | Term of use |
| Ivanov Stepan Alexandrovich | Steelworker | Protective suit | 1 | 3 months |
The structure of the table, of course, can be completely different, this is an example. The standards for the issuance of overalls should contain such criteria that provide for at least regular replacement during the year than is required by the Regulations of the Ministry of Health and Social Development. But it is quite possible to improve the standards provided for by law if the financial situation of the employing company allows this. Corporate standards for the free issuance of workwear, footwear can be reflected in the annexes to the collective labor contract or as a separate act. Information that a particular type of personal protective equipment has been issued is entered in the appropriate personal card of the employee.
If the employer establishes improved standards for the issuance of safety shoes and work clothing, information about this should be recorded in a collective agreement. At the same time, typical criteria recommended by law are indicated that, on the initiative of the company, have improved. The fact of the issuance to the employee of a particular PPE must be confirmed by the signature of a specialist.Work safety instructors or other competent employees of the employing company should issue protective clothing.
Overalls and safety shoes are issued to employees on a rental basis, they remain the property of the company. If a person resigns or is transferred to a position that, according to legislative criteria, does not require the wearing of work clothing and the use of PPE, then the relevant products must be returned to the employer.
Workwear Care
An employer issuing personal protective equipment and work clothing should have facilities in its infrastructure for caring for products - washing, dry cleaning. If the company does not have such resources, then PPE should be transferred for the purpose of subsequent processing to contractors. Similarly, the employer must provide conditions for the storage of PPE so that the work clothes remain functional. While the clothes are being washed or dry-cleaned, the company must provide the employee with a spare set. If he cannot do this, then the specialist will not have the right to work in those conditions when it is necessary to use PPE. It is necessary to store overalls in special rooms. They must be provided for use by the employer.
The employer's own resources can come in handy when an employee must take PPE and overalls with an expired service life, but which, having been washed and cleaned, can be reused for its intended purpose due to the preserved functional characteristics.
Terms of use need to be explained
The employer must explain to employees how to properly use PPE and work clothing. It happens that inexperienced specialists do not quite understand how a particular type of PPE, such as a gas mask, functions.
Therefore, the employer should conduct appropriate training on the correct use of PPE, as well as ways to check their functionality and serviceability. If necessary, the company should organize training, master classes and other events that contribute to the development of ways to use this or that type of PPE by employees.
Overalls for combination and translation
If an employee combines professions or performs several works, then, not counting the personal protective equipment and work clothes given to him in his main position, the employer is obliged to provide him with other types of personal protective equipment, adapted to the characteristics of the activity. In this case, you can focus on both standard (industry) standards for the issuance of workwear, and on the improved criteria adopted by the company.
If an employee is temporarily transferred to another position, or if a person is undergoing vocational training in the framework of the relevant agreements, then PPE and protective clothing are issued temporarily. The same rule applies to students participating in practical training.
The procedure for using PPE in special temperature conditions
PPE, which is intended for use by workers performing their duties in a special temperature environment, should be provided in the appropriate season. That is, under "special conditions" in terms of ambient temperature, the legislator understands mainly the cold or hot season. As soon as the season has changed, the employee must give the appropriate PPE or clothing to the company for storage until the next period when it will be necessary to put on these funds. Also, the periods of use of PPE for special temperature conditions are set by the company taking into account the position of the trade union and the specifics of the local climate. It can be noted that the life of PPE intended for use in cold or hot season includes periods when the corresponding funds are stored in a warehouse.
Employee responsibility
Employees of enterprises should be responsible for the overalls and personal protective equipment issued to them. If they lose their PPE kit or ruin it, they will have to compensate for the corresponding costs.But if things become unusable or are lost for reasons beyond the control of the employee, then the employer must repair them for free or give out new ones. It is impossible to release a person to work without personal protective equipment, as we noted above. It is also unacceptable for the employee to perform labor functions if the PPE is defective or contaminated.
Workers are forbidden to go beyond the territory of the enterprise to the SIZ (if the specifics of the activity do not require it), and also to remove the appropriate funds from the facility at the end of the working day. But there are cases when, due to the specifics of fulfilling the labor duties of specialists - for example, during geological exploration, logging, shift work, PPE and overalls remain with employees also after hours.
If overalls become faulty, then the employee must inform the employer about this. The company or its representative, in turn, will be obliged to provide the employee in full with new copies of personal protective equipment as soon as possible, as required by standard or industry standards for the issuance of workwear.
Employers Responsibility
The obligations of employers, which we talked about today, are mandatory from the point of view of legislation. If the company does not wish to abide by the rules reflecting the norms for issuing work clothes by profession, then sanctions provided for by law may follow. So, state supervision of compliance by employing companies with the provisions of the Labor Code of the Russian Federation and other legal acts containing relevant standards is carried out. The main role in this process is played by federal and regional authorities, which are competent in the field of control over the implementation of labor legislation and sources of law correlating with it. Also, trade unions, municipal bodies and various authorized persons can take part in this, whose competence is monitoring the activities of enterprises with a view to complying with labor laws.
