If the office temperature is more than 30 degrees. Is it possible not to work if the office is hot? What to do if it's cold in the office

Many office workers and not only them dream of shortening their working hours in the heat. Moreover, the reduction of working hours does not depend entirely on the good role of the management of the enterprise or company. We tell you what Rostrud says about shortening the working day in hot weather, based on current legislation, as well as sanitary standards of SanPiN.

The employer is required to take temperature into account

By law, employers need to be aware of working conditions in hot weather, as well as the conditions for shortening working hours in high temperatures.

The employer’s obligation to shorten the working day due to heat is based on his other obligation - to provide his staff with normal, adequate working conditions at each workplace that meet labor safety requirements.

Immediately before reducing working hours at high air temperatures in hot weather, you must:

• ensure appropriate temperature conditions (for example, by air conditioning the room);
• give employees the opportunity to take breaks from work;
• provide places for rest;
• ensure that clean drinking water and a first aid kit with medications are always available in work areas.

What the law says about heat at work

There is no direct law on shortening working hours in hot weather. And the Labor Code of the Russian Federation does not directly regulate this situation.

At the same time, there are sanitary standards for shortening the working day in hot weather that are mandatory for all employers: this is SanPiN 2.2.4.3359-16 “Sanitary and epidemiological requirements for physical factors in the workplace” (approved by the resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 21, 2016 No. 81).

According to SanPiN, shortening the working day in hot weather is necessary when the air temperature deviates from the norm. We are talking specifically about the degree in the workroom.

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So, if the temperature reaches:

• 28.5 degrees – it is recommended to reduce the working day by 1 hour;
• 29 degrees – for 2 hours;
• 30.5 degrees – for 4 hours.

Please note that a reduction in working time due to heat is also necessary when lower temperatures are reached (26.5 degrees - 27.5 degrees), when the work involves:

• with constant movement (walking);
• moderate and significant physical activity;
• carrying and moving heavy objects.

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

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

The specified SanPiN, of course, relates to state regulatory requirements for labor protection and primarily addresses labor safety issues. It talks about limiting the time workers stay at work places when the maximum permissible temperatures on a working day (shift) are exceeded. However, the concept of “stay time” is not identical to the concept of “working time”.

This SanPiN establishes the obligation for the employer to modify the work and rest schedule, as required by Article 212 of the Labor Code of the Russian Federation, so that the time spent in the workplace with unfavorable production factors meets hygienic requirements. It seems that this obligation can be fulfilled in various ways (sending workers home earlier, introducing additional breaks, equipping a rest room, moving them to another workplace, etc.).

If an employer fails to fulfill this duty, he simultaneously commits two offences:

– violation of sanitary rules, since workplaces do not comply with these rules in terms of temperature;

– violation of labor legislation, namely labor protection standards, since employees work in unfavorable conditions.

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

Consequently, in this case, indeed, overtime hours arise for employees, since 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 Federal Service for Supervision of Consumer Rights Protection and Human Welfare (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 is comparable to the costs of purchasing and installing air conditioners and fans.”

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

* Category Ia includes work with an energy consumption intensity of up to 139 W, performed while sitting and accompanied by minor physical stress (a number of professions in precision instrumentation and mechanical engineering enterprises, in watchmaking, clothing production, in the field of management, etc.).

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

** Category IIa includes work with an energy intensity 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 stress (in particular, a number of professions in mechanical assembly shops of machine-building enterprises, in spinning and weaving production, etc.).

Category IIb - work with an energy consumption intensity of 233–290 W, associated with walking, moving and carrying weights up to 10 kilograms, accompanied by moderate physical stress (a number of professions in mechanized foundries, 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, movement and carrying of significant (over 10 kg) weights and requiring great physical effort (a number of professions in forge shops with manual forging, foundries with manual forging and pouring flasks 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 in the workplace. Based on the results of the examination, a protocol is drawn up. In it, the commission reflects the measurements obtained and assesses their 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 in workplaces).

Reader reviews (9)

Many thanks to lawyer Anna GVOZDITSKIKH for her 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..... It's hot...
And they are not going to let go and lay off, how to deal with this???

What is a working day like when working outside in heat above 35 degrees???

In Russia, to fight? - no way!
If the office is small (the kind that don’t install air conditioners), then it’s difficult to fight with it - right up to dismissal...
And with large and large ones, if suddenly the air conditioner does not work, etc. - You can also start complaining - I don’t think the matter will come to court...

How to properly create a commission at an enterprise to measure the microclimate in production premises, a measurement report? How to justify reducing the time shift workers spend outdoors in the heat?

It is the Lord who punishes everyone for greed.
Otherwise, every person wants to transport his butt in an individual foreign car, but not just one.
The goats have trashed the atmosphere, and now think, if there is anything, how to live for your CHILDREN in the future.
And these are some more flowers...

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

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

Hot weather is not uncommon in the Russian Federation, especially in the southern regions of the country. Heat leads to deterioration of working conditions for those working in open areas, in industrial and public premises without air conditioning.

Working in stuffy, unair-conditioned rooms can lead to exacerbation of chronic diseases and decreased productivity. Therefore, it is in the interests of the employer to ensure a comfortable temperature regime in the workplace, because It is difficult to expect efficient work from employees exhausted by the heat.

The rights of workers during hot weather are protected by sanitary standards adopted in the Russian Federation. In addition, the employer is obliged to provide safe and healthy working conditions for employees in accordance with the Labor Code.

Labor inspectors recommend that employers provide air conditioning in workplaces, as well as give employees the opportunity to take breaks from work, provide rest areas and provide short-term paid leaves. Moreover, payment for such forced leaves can be made in accordance with the second part of Article 157 of the Labor Code as downtime for reasons beyond the control of the employer and employee, in the amount of at least two-thirds of the average salary.

During an abnormal heat wave, the employer can move the work of some employees home, extend the lunch break so that people can go for walks and breathe air, change the work regime and schedule, for example, starting production activities an hour earlier and finishing an hour earlier. All innovations must be specified in additional agreements to the employment contract.

The employer must ensure that clean drinking water and a first aid kit with appropriate medications are always available in the work premises.

Employers who do not care about the working conditions and health of workers may be fined. If a legal entity ignores standards for the microclimate of the premises where employees work, the organization faces a fine of 10-20 thousand rubles or suspension of activities for up to 90 days.

Rostrud has issued recommendations specifically for employers on organizing the work process in hot weather. The agency reminds that according to current sanitary standards, if the temperature in the workroom approaches 28.5 degrees, it is recommended to reduce the working day by one hour. When the temperature rises to 29 degrees - for two hours, at 30.5 degrees - for four.

Scientists have found that every degree increase in temperature above +26 reduces the productivity of employees by 10%, so it really is not in the interests of the employer to torture people in vain with heat. In addition, the obligation to provide its employees with normal working conditions is expressly stated in the Labor Code. If there is no money for air conditioning, send people home.

If the employer still does not want to improve working conditions, you can complain not only to the labor inspectorate, but also to the prosecutor’s office and Rospotrebnadzor.

If the temperature in the room is high, employees are required to report this to their immediate supervisor so that the employer can take action (Article 21 of the Labor Code of the Russian Federation). Having received such a message, the employer is obliged to change the temperature three times during the working day and draw up a protocol. If, after drawing up the protocol, the working hours are not reduced, the employee has the right to refuse to perform work (Article 220 of the Labor Code of the Russian Federation) - simply by notifying the employer in writing.

Rostrud recommends that citizens more actively defend their rights. If Rostrud receives complaints about employer violations of working conditions when working in the hot season, then this is grounds for an unscheduled inspection. Such a violation will be clearly qualified as a threat to life and (or) health, and in this case the inspector will come out for inspection immediately and without prior approval from the prosecutor’s office.

So, Rostrud recommends to employers in hot weather:

1) provide air conditioning in workplaces;

2) give employees the opportunity to take breaks from work and provide places for rest;

3) extend the lunch break;

4) provide short-term paid holidays;

5) move the work of some employees from the office to home;

6) change the mode and work schedule, for example, start production activities an hour earlier and finish an hour earlier.

All these innovation measures must be specified in additional agreements to the employees’ employment contracts.

What is the optimal temperature for working indoors?

The rules determining the optimal and permissible temperature for employees are specified in the sanitary rules “Hygienic requirements for the microclimate of industrial premises” (SanPiN 2.2.4.548-96). According to the document, the optimal indicators in summer are as follows: :

Air temperature - 23-25 ​​degrees (work is permissible at temperatures up to 28 degrees);

Surface temperature - 22-26 degrees;

Relative air humidity - 60-40%.

At what temperature does the working day shorten or stop completely?

An employee’s working day is shortened if the thermometer shows from 28 to 32 degrees:

At +28.5 degrees - a working day of no more than 7 hours;

At +29 degrees - 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.

Moreover, if the room temperature exceeds 33 degrees, according to the law, you may not start work at all.

Recommendations for organizing work in high temperature conditions

To prevent the impact of adverse factors on human health and performance, as well as to protect workers from possible overheating, it is necessary to limit working time. For example, when the temperature in the workplace is above 30 degrees, the optimal working day should not exceed 5 hours with little labor input. If physical activity is constant and significant, the same temperature regime requires only a 2-hour working day. If the duration of working hours decreases due to a significant increase in air temperature, payment for a reduced number of hours can be made in the amount of at least two-thirds of the salary, as for downtime due to reasons beyond the control of the employer and employee reasons. Despite the advisory nature of these standards, the Labor Code of the Russian Federation requires the employer to provide safe conditions and labor protection for the employee. If, during an inspection by the State Labor Inspectorate, it is established that the temperature regime in the workplace poses an immediate threat to the health of the employee, the employer guilty of the violation will incur administrative punishment in the manner prescribed by Part 1 of Art. 5.27 of the Code of the Russian Federation on Administrative Offenses “Violation of labor and labor protection legislation.” In the event of an accident at work, including for reasons of non-compliance with safe temperature conditions, the responsible official may be held liable, including criminal liability.

In order to prevent the adverse effects of these factors, the employer can use protective measures (local air conditioning systems, air showers, personal protective equipment, in particular wet gauze dressings and respirators, rest rooms, regulation of work hours, breaks in work, etc.).

Compliance by employers with these recommendations will help prevent accidents and the occurrence of occupational diseases, and protect the health and life of workers from the dangerous effects of high temperatures. In order to prevent the adverse effects of these factors on human health and performance, and to protect workers from possible overheating, the time spent at work (continuously or cumulatively during a work shift) should be limited in accordance with sanitary standards and rules.

Reminder for workers in conditions of elevated air temperature

1. To prevent overheating of the body (hyperthermia), it is necessary to organize a rational operating mode. When working outdoors and outside temperature 35°Cand above, the duration of periods of continuous work should be 15-20 minutes, followed by a rest period of at least 10-12 minutes in refrigerated rooms. In this case, the permissible total duration of thermal load per work shift should not exceed 4-5 hours for persons using special clothing to protect against thermal radiation and 1.5-2 hours for persons without special clothing.

2. In the room in which the normalization of a person’s thermal state is carried out after working in a heating environment, the air temperature, in order to avoid cooling the body due to a large temperature difference (body surface - ambient air) and increased heat transfer by evaporation of sweat, should be maintained at 24- 25°C.

3. Operation at outside temperatures above 37°C According to microclimate indicators, it is classified as dangerous (extreme). It is not recommended to work outdoors at temperatures above 37°C. The workday routine should be changed, moving such work to the morning or evening.

4. To protect against excessive thermal radiation, it is necessary to use special clothing or clothing made of thick fabrics. It is recommended that persons no younger than 25 and no older than 40 years old be allowed to perform such work.

5. In order to prevent dehydration of the body, it is recommended to properly organize and maintain a drinking regime. Drinking water must be in sufficient quantity and within easy reach. Recommended temperature of drinking water, drinks, tea +10- 15°C. For optimal water supply, it is also recommended to compensate for the loss of salts and microelements excreted from the body through sweat, providing for the provision of salted water, alkaline mineral water, lactic acid drinks (skimmed milk, whey), juices, fortified drinks, oxygen-protein cocktails.

6. You should drink water often and little by little to maintain good hydration of the body (optimal water content in the body, which ensures its normal functioning and metabolism). When the air temperature is more than 30°C and performing moderately heavy work requires drinking at least 0.5 lwater per hour - approximately one cup every 20 minutes.

7. To maintain immunity and reduce intoxication of the body, it is recommended, if possible, to consume fruits and vegetables.

Employers who do not change work hours due to heat may face fines. This was announced yesterday by the head of the department of supervision and control over compliance with labor legislation of Rostrud, Igor Vorobyov.

He said: “An employer may be penalized if no option has been chosen to reschedule when indoor temperatures are high.”

The fines are not very large, but they are unpleasant: for an official - from 1 thousand to 5 thousand rubles, for an official - from 30 thousand to 50 thousand. A punishment such as administrative suspension of activities for up to 90 days (this is possible by court decision) may also be applied to an unconscious employer - a legal entity.

Igor Vorobyov explained that according to the law, the employer has the right to choose one of the options for changing the schedule in hot weather. For example, you can take frequent breaks, say 15 minutes after every hour of work. Or you can simply reduce your working hours. Or reduce the air temperature. “If the employer does neither one nor the other, nor the third, he is breaking the law,” warned a representative of Rostrud. According to Igor Vorobyov, any employee has the right to contact the labor inspectorate if his rights are violated, including regarding room temperature. “If there is an assumption that there is a threat of harm to life, then the grounds for an unscheduled inspection are obvious,” he added.

The Labor Research Institute of the Ministry of Health and Social Development of Russia clarified for the RG correspondent: the employer is obligated to ensure safe working conditions by the Labor Code, this is discussed in article 212. At the same time, the SanPiN “Hygienic requirements for the microclimate of production premises” states that at air temperature on workers In places above or below acceptable standards, the time spent at work should be limited.

The document also details what temperature is the maximum for which categories of workers. Thus, office workers are included in category “1a”, and if the air temperature in the workplace is 30 degrees Celsius, then the duration of their working day cannot exceed 5 hours, 31 degrees - 3 hours, 32 degrees - 2 hours, and 32. 5 degrees - 1 hour.

Categories "2a" and "2b" - workers with higher physical activity. The first include, for example, those who constantly move themselves and move objects weighing up to one kilogram: workers in mechanical assembly shops, weaving production, machine production and others. The latter include workers in rolling, forging, foundry, welding shops, and metallurgical enterprises, where people constantly walk and move objects weighing up to 10 kilograms. Workers falling under “2a” and “2b” must work for 8 hours at a maximum temperature of plus 27 degrees, and an increase in temperature by half a degree leads to a shortening of working time by 1 hour. Thus, at a temperature of 30.5 degrees, their working day should last one hour.

An employer who does not comply with these rules simultaneously violates sanitary rules and labor legislation, the Labor Research Institute clarifies. And if it does not limit the time spent at the workplace at elevated temperatures, then overtime hours arise for workers. The Labor Research Institute recommends that in this case, complain not only to the labor inspectorate, but also to Rospotrebnadzor, which can also impose a fine of 10 thousand to 20 thousand rubles or suspend the activity of the enterprise through the court for 90 days.

The Federation of Independent Trade Unions (FNPR) added: unfortunately, employers usually perceive the provisions of SanPiN as advisory and non-binding. Therefore, workers must more actively fight for their rights. And all working conditions, including temperature, humidity and air speed in the room, should be additionally specified in collective labor agreements, added Vitaly Trumel, secretary of the FNPR.

Unfortunately, few working citizens know what temperature conditions are considered optimal and what needs to be done if they are violated. Not all employers adhere to the law and are completely inactive on this issue.

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Normative base

On the territory of the Russian Federation, there are a number of laws and rules that clearly regulate working conditions at various temperature conditions, additional payments for exceeding them, and also provide for the procedure for the employer and employees in the event of existing deviations.

Labor Code of the Russian Federation

The Labor Code contains a number of laws that clearly regulate working conditions during temperature deviations, namely:

• Article 212, which clearly regulates the maximum time spent in a room where the temperature regime is violated;
• Article 216, part 3, which provides for the possibility of initiating temperature checks of workers themselves;
• Article 216 part 5, which provides for the procedure for filling out inspection reports and submitting them to executive bodies;
• Article 379, which clearly regulates additional payment for work in premises where the temperature regime is violated, as well as a reduction in working hours.

According to this law, the employer has the right to change the work schedule until problems related to temperature conditions are resolved.

SanPiN

The microclimate conditions in the room are determined by the rules of SanPin 2.2.548-96, which prescribes hygienic requirements for industrial or office premises.

According to this rule, the employer’s actions to correct the situation are allowed:

• installation of air conditioners;
• air showering;
• organization of additional rest rooms and so on.

After checking the certification, the hazard class of the premises is mandatory and, if necessary, additional payments for hazards are assigned.

What temperature is considered critical?

The critical temperature is considered critical if it has a downward or upward deviation of more than 5 degrees.

Differences for different categories of workers

There is no division of the employees themselves into categories as such. However, there is a division of premises into categories in which employees carry out their work.

1 category of premises

Their differences lie in the performance of characteristic tasks.

Group A includes premises in which employees work only in a sitting position and the physical activity is light. In this group, energy consumption is no more than 139 W.

The permissible temperature in such rooms is from 21 to 28°C.

Group “b” includes premises whose energy consumption is up to 179 W.

The permissible temperature range is within 24°C.

2nd category of premises

It also has two subgroups “a” and “b”:

• Subgroup “a” includes energy consumption up to 290 W, physical activity up to 10 kg. The permissible temperature limit varies from 18 to 27°C.
• Subgroup “b” includes the same energy consumption and permissible physical activity, however, the temperature regime can vary from 16 to 27°C.

3rd category of premises

Responsible persons

The employer and the trade union organization are directly responsible for maintaining the temperature regime at the employee’s workplace.

In addition, local authorities and the sanitary and epidemiological station may act as responsible persons.

Employer actions to reduce working hours in hot weather

If the employer’s actions to establish normal temperature conditions do not bring results, he has the right to reduce working hours.

To do this, he needs to create an order to change the internal labor regulations due to temperature deviations. Moreover, these actions must be coordinated with the workers' union.

Example of an order:

The working day can be shortened by 1 hour for small deviations and more for deviations of 5 degrees or higher (or lower).

How and when to take measurements?

The temperature regime is measured if the deviation upward or downward exceeds 5 degrees. At the same time, deviations should not be gradual, but carried out within 1 working day.

Measurements take place 3 times a day, with the indicators being recorded in a special inspection report.

The measurement is carried out with a pyrometer, which has passed all metrological verifications and is certified.

Documenting

The temperature check is documented in the form of a report.

The head of a workshop or department can send a memo to the head of the organization to notify him of the need to introduce a shortened working day due to the heat.

Example:

Remuneration issues

In the event that working hours are reduced due to temperature deviations, current legislation is strictly prohibited from reducing the level of wages for employees who have become hostage to this situation.

In the event that an employee’s work activity initially required increased temperature conditions (steelworkers, etc.), such categories of employees should be provided with additional payment; in its absence, the employee has the right to write a complaint to the prosecutor’s office.

If the employer fails to act

Often employers completely ignore the issue of improving temperature indicators. But what should employees do in such cases?

Employee actions

An employee who works under abnormal temperature conditions has the right to write a complaint to such authorities as:

• prosecution authorities;
• sanitary and epidemiological station;
• trade union.

These bodies are required to carry out appropriate measurements within a 10-day period to identify violations, after which a penalty for the employer will be determined and a plan to improve the situation will be developed.

In addition, the employee has the right to write a refusal to work, according to which his working day should either be reduced or completely absent until the situation improves.

In this case, payment is made according to the established tariff rate.

Documentation of refusal to work

Refusal to work must be done in writing.

The document consists of:

• hats;
• main part;
• numbers and signatures.

The header of the document states:

• Company name;
• employer's initials;
• position and initials of the employee.

The main part contains the text of the refusal to work.

An example of this is:

I, Anna Vladimirovna Koltakova, refuse to carry out my work activities until the temperature deviations in the room are eliminated. My actions fully comply with current legislation.

At the end there is a number and a signature.

Responsibility of officials

Penalties for violating the temperature regime include:

• employer;
• occupational safety engineer;
• senior manager (for office employees);
• Chief Engineer.

Monetary punishment is provided only for the employer himself. For other persons, a reprimand may be entered into their personal file for failure to fulfill their official duties.

Who imposes sanctions?

Penalties for temperature violations are imposed by the sanitary and epidemiological station. After conducting a series of internal checks, they render their verdict.