Features of the regulation of women's labor. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Features of the regulation of women's labor. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Features of the legal regulation of labor - norms that partially limit the application of general rules on the same issues or provide additional rules for certain categories of workers.

Features legal regulation of women's labor regulated:

the Labor Code of the Russian Federation;
Decree of the Council of Ministers - Government of the Russian Federation of February 6, 1993 No. 105 "On new norms for maximum permissible loads for women when lifting and moving weights manually";
Sanitary rules and norms SanPiN 2.2.0.555-96 "Hygienic requirements for working conditions for women";
Decree of the Government of the Russian Federation of February 25, 2000 No. 162 "On approval of the list of heavy work with harmful or dangerous working conditions, in the performance of which the use of women's labor is prohibited" and a number of other documents.

In particular The Labor Code of the Russian Federation provides:

prohibition of the use of women's labor in heavy work and in work with harmful and (or) dangerous working conditions;
the prohibition of carrying and overstraining women with weights exceeding the established norms;
limiting the work of women at night and overtime work and limiting the sending of women on business trips;
certain benefits for pregnant women, nursing mothers or those with small and minor children, etc.

Requirements for working conditions for women during pregnancy

Technological operations, equipment, production environment are regulated by SanPiN 2.2.0.555-96 "Hygienic requirements for working conditions for women."

Technological processes and equipment associated with the work of pregnant women should not be a source of increased levels of physical, chemical, biological and psychophysiological factors. When choosing technological operations for their work, it is necessary to provide for such values of physical activity that are acceptable for pregnant women.

Pregnant women should not perform production operations related to lifting objects of labor above the level of the shoulder girdle, lifting objects of labor from the floor, the predominance of static tension in the muscles of the legs and abdominals, forced working posture (squatting, kneeling, bending over, resting the stomach and chest in equipment and objects of labor), torso inclination of more than 15°. For pregnant women, work on equipment using a foot control pedal, on a conveyor with a forced rhythm, work accompanied by neuro-emotional stress should be excluded.

Technological operations suitable for pregnant women are selected from among those available at the enterprise (or not characteristic of this enterprise), provided that they satisfy the indicators of permissible workload. Such work may include light assembly, sorting, packaging operations that meet hygienic requirements for the labor process, workplace organization and production environment.

When assessing the parameters of the working environment at the workplaces of pregnant women, one should be guided by the hygienic indicators of the optimal conditions of the working environment.

Pregnant women are not allowed to perform work related to exposure to pathogens of infectious, parasitic and fungal diseases.

Pregnant women should not work under infrared exposure. The temperature of the heated surfaces of equipment and guards in the working area should not exceed 35°C.

For pregnant women, activities related to getting clothes and shoes wet, work in a draft are excluded.

For women during pregnancy, it is prohibited to work in conditions of sudden changes in barometric pressure (flight crew, flight attendants, pressure chamber personnel, etc.).

The work of pregnant women in windowless and lampless premises, i.e. without natural light is not allowed.

From the date of pregnancy and during the period of breastfeeding, women are not allowed to perform all types of work professionally related to the use of video display terminals and personal computers.

Requirements for the organization of the workplace of women

For pregnant women, stationary workplaces should be equipped to enable them to perform labor operations in a free mode and in a position that allows a change of position at will. Permanent work sitting, standing, moving (walking) is excluded.

The workplace of a pregnant woman is equipped with a special swivel chair with height-adjustable backrest, headrest, lumbar cushion, armrests and seat. The back of a chair is regulated on a tilt angle depending on term of pregnancy and the mode of work and rest. The seat and back should be covered with a semi-soft, non-slip material that is easy to sanitize. The main parameters of the working chair are specified in GOST 21.889-76. SSBT. "Man-machine system. Operator's chair. General ergonomic requirements"

A footrest adjustable in height and angle of inclination with a corrugated surface should be provided.

The table top should have a cutout in the top for the cabinet, rounded corners, and a matte finish to avoid reflected glare.

The work table, production equipment must have legroom: at least 600 mm high, at least 500-600 mm wide, at least 450 mm deep at the level of the knees and at least 650 mm at the level of the feet.

Limits of maximum permissible loads

Indicators of permissible work load according to the severity of the labor process in the Russian Federation are regulated by SanPiN 2.2.0.555-96 and contain standards (Table 1), including separately for women during pregnancy (Table 2 and Table 3).

Table 1.Indicators of allowable work load

	Index	Permissible level
	The severity of the labor process
1.	Physical dynamic load per shift, kgm
1.1	With a regional load (with the predominant participation of the muscles of the arms and shoulder girdle) when moving the load at a distance of up to 1 m	to 3000
1.2	With a total load (with the participation of the muscles of the arms, body, legs) - when moving the load at a distance of 1 to 5 m	to 15000
1.3	The amount of dynamic work performed during each hour of a work shift when moving a load over a distance of 1 to 5 m should not exceed, kgm: - from the working surface - off the floor	1750 875
2.	The mass of the lifted transportable load manually, kg
2.1	Degree of mechanization	Labor is mechanized, work with the authorities
2.2	Lifting and moving (one-time) weights when alternating with other work (up to 2 times per hour)	to 10
2.3	Lifting and moving (one-time) weights constantly during the work shift	to 7
2.4	The total mass of goods moved during each hour of the shift: - from the working surface - off the floor	up to 350* up to 175*
3.	Stereotypical work movements (number per shift)
3.1	With local load involving the muscles of the hands and fingers	to 40000
3.2	With a regional load (when working with the predominant participation of the muscles of the arms and shoulder girdle)	to 20000
4.	Static load The value of the static load per shift when holding the load, applying efforts, kgf: - with one hand - two hands - muscles of the body and legs	to 21600 to 42000 to 60000
5.	working posture	Periodic being in an uncomfortable position (up to 25% of the shift time)
6.	Hull tilts (number per shift)	Forced tilts (more than 30°) up to 100 times per shift
7.	Movement in space (transitions due to the technological process during the shift), km	to 10
8.	Intelligent Loads
8.1	The content of the work	Solving simple alternative problems according to instructions
8.2	Perception of signals (information) and their evaluation	Perception of signals with subsequent correction of actions and operations
8.3	The degree of difficulty of the task	Processing, execution of the task and its verification
8.4	The nature of the work performed	Work according to the established schedule with its possible correction in the course of activities
9.	Sensory loads
9.1	Duration of concentrated observation (in % of shift time)	to 50
9.2	Density of signals (light, sound) and messages for 1 hour of work	to 175
9.3	Number of production facilities of simultaneous observation	to 10
9.4	Load on the visual analyzer
9.4.1.	The size of the accommodation object (with a distance from the eyes of the worker to the object of distinction no more than 0,5 m), mm with the duration of concentrated observation (% of the shift time)	5-1,1 mm more than 50% of the time; 1-0,3 mm up to 50% of the time; less than 0,3 mm up to 25% of the time
9.4.2.	Work with optical devices (microscopes, magnifiers, etc.) with the duration of concentrated observation (% of the shift time)	up to 50%
9.4.3.	Monitoring the screens of video terminals (hours per shift)	According with SanPiN 2.2.2.542-96
9.5	The load on the auditory analyzer (when it is necessary to perceive speech or differentiated signals)	Intelligibility of words and signals from 90 to 70%
10.	Emotional loads
10.1.	Degree of responsibility. Significance of error	Responsible for the functional quality of ancillary work. It entails additional efforts on the part of higher management (foreman, foreman, etc.)
10.2.	The degree of risk to one's own life	Excluded
10.3.	Degree of risk for the safety of others	Excluded
11.	Monotonicity of loads
11.1.	The number of elements (methods) required to implement a simple task or in repetitive operations	9-6
11.2.	The duration of the execution of simple production tasks or repetitive operations, sec	100-25
12.	Mode
12.1.	Actual working hours, h	8-9
12.2.	Shift work	Two-shift (no night)

* In accordance with the Decree of the Council of Ministers - the Government of the Russian Federation of February 6, 1993 No. 105 "On new norms for maximum permissible loads for women when lifting and moving weights manually."

Table 2. Permissible amounts of physical activity for pregnant women

	Nature of work	Load weight kg
1.	Lifting and moving weights when alternating with other work (up to 2 times per hour)	2,5
2.	Lifting and moving heavy loads continuously throughout the work shift	1,25
3.	The total mass of goods moved during each hour of a working shift over a distance of up to 5 m should not exceed: - from the working surface - off the floor	60 lifting from the floor не допускается
4.	The total mass of goods moved during an 8-hour work shift is: - working surface	480

Note: The weight of the lifted and moved cargo includes the weight of tare and packaging.

Table 3. Indicators of permissible work load for women during pregnancy

	Work load indicator	Levels
1.	Degree of mechanization	Labor is fully mechanized
2.	working posture	Free
3.	Walking per shift, km	Until 2
4.	The nature of the working movements of the hands	Simple stereotypical
5.	The pace of movements	Free
6.	Number of work operations during a shift	10 and more
7.	Duration of repetitive operations, sec	100
8.	Duration of concentrated observation, in % of shift time	Until 25
9.	Density of messages, signals on average per hour	Until 60
10.	The size of the object of visual distinction (category of visual works)	More than 5 mm, work is low-precision, rough
11.	shift	Morning

Guarantees and compensation

For pregnant women (other than those mentioned above) by law provided for:

prohibition of night work, overtime work and assignments on business trips, as well as work on weekends;
reduction of production rates, service rates or transfer to another job, easier and excluding the impact of adverse production factors, while maintaining the average earnings for the previous job; (all in accordance with the medical report);
maternity leave (70 calendar days before childbirth and 70 after childbirth), in case of multiple pregnancy - 84 days, in cases of complicated childbirth - 86 days, and in case of birth of two or more children - 110 calendar days after childbirth (leave for pregnancy and childbirth is calculated in total and is provided to the woman in full, regardless of the number of days she actually used before childbirth);
granting (at the request of the woman) annual leave immediately before the maternity leave or at the end of the parental leave;
the prohibition of refusing to hire women and reducing their wages for reasons related to pregnancy;
not allowing the dismissal of pregnant women at the initiative of the administration, except in cases of complete liquidation of the enterprise, or termination of activity by an individual entrepreneur;
in the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged to extend the term of the employment contract until the end of the pregnancy;
issuance of vouchers to sanatoriums and rest homes (if possible, free of charge or with partial payment) to pregnant women (if necessary), in agreement with the trade union, provision of material assistance.

Additional legislative measures for labor protection of breastfeeding mothers and mothers with minor children

In addition to general guarantees for this category of working women provided for:

transfer of women with children under the age of three, in case of impossibility to perform the previous job, to another job with remuneration for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years;
provision, at the request of women, leave to care for a child until he reaches the age of one and a half years with the payment of state social insurance benefits for this period. Leave, at the request of a woman, to care for a child may be granted until the child reaches the age of three years, but without pay;
providing work, at the request of a woman, during the period of parental leave on a part-time basis or at home, while maintaining the right to receive state social insurance benefits;
the retention of the place of work (position) for the employee during the parental leave and, in addition, this leave is counted in the total and continuous work experience, as well as in the work experience in the specialty, except for cases of granting a pension on preferential terms;
providing women who have adopted newborn children directly from the maternity hospital with leave for the period from the date of adoption until the expiration of 70 days from the date of birth of the child, and if two or more children are adopted at the same time - 110 calendar days from the date of their birth and, if they wish, additional leave to care for a child until he reaches the age of one and a half or 3 years;
breaks for feeding the baby at least every 3 hours, lasting at least 30 minutes each. If there are two or more children under the age of one and a half years lasting at least an hour (breaks for feeding the child (children) are included in working hours and are payable in the amount of average earnings);
prohibition of night, overtime work and business trips for women with children under the age of 3 years;
guarantees in the employment and dismissal of women with children. It is forbidden to refuse to hire women and reduce their wages on the grounds of having children;
preventing the dismissal of women with children under the age of 3 (single mothers - if they have a child under the age of 14, a disabled child - up to 18 years) at the initiative of the administration, with the exception of dismissal on the grounds provided for in paragraphs. 1, 5-8, 10 or 11 hours 1 st. 81 or paragraph 2 of Art. 336 of the Labor Code (Article 261).

In addition, a single mother raising a child under the age of 14 may be provided by a collective agreement with additional annual leave without pay at a convenient time for them up to 14 calendar days. In this case, the specified leave, at the request of the employee, may be attached to the annual paid leave or used separately in full or in parts. The transfer of this leave to the next working year is not allowed.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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