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OCCUPATIONAL SAFETY AND HEALTH
The procedure for providing employees with personal protective equipment. Occupational Safety and Health
Occupational Safety and Health / Legislative basis for labor protection In accordance with the requirements of the Labor Code of the Russian Federation, workers employed in work with harmful or dangerous working conditions, as well as in work performed in special temperature conditions or associated with pollution, are issued certified special clothing, special footwear and other personal protective equipment. The purchase of PPE and the provision of it to employees in accordance with the requirements of labor protection is carried out at the expense of the employer. Costs for ensuring normal working conditions and safety, incl. provision of special clothing, special footwear, protective devices, will be included in the cost of products (works, services). The Model Industry Standards for the Free Issuance of PPE (hereinafter referred to as the Standard Industry Standards) provide for the provision of PPE employees regardless of which industry, workshops, sites and types of work belong to, and also regardless of the form of ownership of the organization and their organizational and legal forms. For example, workers engaged in the production of facing materials from natural stone, regardless of the organization of which sector of the economy this production is located, are issued PPE in accordance with the Model Industry Standards for the free issuance of PPE to workers in the building materials industry, the organization of the glass and porcelain and faience industries. Also, a machine operator engaged in the machining of metal, regardless of which organization he works in, is issued PPE in accordance with the Standard Industry Standards for the free issuance of PPE to workers in engineering and metalworking industries. Employees whose professions and positions are provided for in the Model Norms for the Free Issue of PPE to Employees of Cross-cutting Professions and Positions in All Sectors of the Economy, PPE is issued regardless of the industries, workshops and sites they work in, unless these professions and positions are specifically provided for in the relevant Model industry standards. For example, a battery worker working in a road transport organization is issued PPE in accordance with the Model Norms for the Free Issue of PPE to Workers in Cross-cutting Professions and Positions in All Sectors of the Economy. For the same category of workers employed in underground mining in the mining industry, the free issue of PPE should be carried out in accordance with the Model Industry Standards for the free issue of PPE to workers in the mining and metallurgical industry and metallurgical industries in other industries. In some cases, in accordance with the specifics of production, the employer may, in agreement with the state inspector for labor protection and the relevant trade union body or other representative body authorized by employees, replace one type of personal protective equipment provided for by the Model Industry Standards with another that provides full protection from dangerous and harmful production factors: a cotton overall can be replaced by a cotton suit or a dressing gown and vice versa, a cotton suit can be replaced by a semi-overalls with a shirt (blouse) or a sundress with a blouse and vice versa, a cloth suit can be replaced by a cotton suit with fire retardant or acid-protective impregnation and vice versa, a tarpaulin suit - a cotton suit with fire-retardant or water-repellent impregnation and vice versa, leather boots (half boots) - rubber boots and vice versa, leather boots (semi boots) - tarpaulin boots and vice versa, felt boots - tarpaulin boots and vice versa. In cases where such personal protective equipment as a safety belt, dielectric galoshes and gloves, a dielectric rubber mat, goggles and shields, a respirator, gas mask, protective helmet, balaclava, mosquito nets, helmet, shoulder pads, elbow pads, self-rescuers, antiphons, plugs , noise-protective helmets, light filters, anti-vibration gloves and others, not specified in the Model Industry Standards, they can be issued by the employer to employees on the basis of attestation of workplaces, depending on the nature of the work performed, with a wearing period - to wear out or as on duty and can be included in collective agreements and agreements. The costs of providing the PPE indicated above are also included in the cost of products (works, services). When concluding an employment agreement (contract), the employer acquaints employees with the rules for providing employees with PPE, as well as the rules for issuing personal protective equipment to them. PPE issued to employees should be appropriate for their gender, height and size, the nature and conditions of the work performed and ensure labor safety. In accordance with Art. 215 of the Labor Code of the Russian Federation, personal protective equipment for workers, including foreign-made ones, must comply with state regulatory requirements for labor protection and have a declaration of conformity and (or) a certificate of conformity. The purchase and issuance of personal protective equipment to employees that do not have a certificate of conformity is not allowed. The employer is obliged to replace or repair special clothing and special footwear that have become unusable before the expiration of the wearing period for reasons beyond the control of the employee. In case of loss or damage of PPE in the designated places of their storage for reasons beyond the control of employees, the employer is obliged to issue them with other serviceable PPE. The on-duty PPE for collective use provided for in the Model Industry Standards should be issued to employees only for the duration of the work for which they are provided, or they can be assigned to certain jobs (for example, sheepskin coats - at outdoor posts, dielectric gloves - at electrical installations, etc. .) and be transferred from one shift to another. In these cases, PPE is issued under the responsibility of the master or other persons authorized by the employer. Warm special clothing and warm special footwear (suits with insulating lining, jackets and trousers with insulating lining, fur suits, sheepskin coats, felt boots, earflaps, fur mittens, etc.) provided for in the Model Industry Standards should be issued to employees with the onset of the cold season , and with the onset of warm weather, they can be handed over to the employer for organizational storage until the next season. The time for using warm special clothing and warm special footwear is established by the employer together with the relevant trade union body or other representative body authorized by employees, taking into account local climatic conditions. Pupils of any form of education, students of general educational and educational institutions of primary vocational education, students of educational institutions of higher and secondary vocational education for the period of industrial practice (industrial training), masters of industrial training, as well as employees temporarily performing work in professions and positions provided for by the Model industry standards, for the duration of this work, PPE is issued in accordance with the generally established procedure. Brigadiers, foremen performing the duties of foremen, assistants and assistant workers, whose professions are provided for in the relevant Model Industry Standards, are issued the same PPE as workers of the relevant professions. The PPE provided for in the Model Industry Standards for workers, specialists and employees should be issued to the specified workers even if they are senior in their position or profession and perform directly the work that gives them the right to receive these PPE. Workers combining professions or constantly performing combined work, incl. in complex brigades, in addition to the PPE issued to them in the main profession, other types of PPE should be additionally issued depending on the work performed, provided for by the Model Industry Standards for a combined profession. The employer is obliged to organize proper accounting and control over the issuance of PPE to employees in a timely manner. The issuance and surrender of PPE to employees must be recorded on the employee's personal card. The personal signature of the employee confirming the receipt of PPE is required. In accordance with Art. 212 of the Labor Code of the Russian Federation "the employer is obliged to ensure that employees are informed about the personal protective equipment they are entitled to and ensure their issuance In accordance with page 214 of the Labor Code of the Russian Federation, during work, employees whose professions and positions are provided for in the Model Industry Standards are required to use and correctly apply the PPE issued to them. The employer takes measures to ensure that employees actually use the PPE issued to them during work. Workers should not be allowed to work without the PPE provided for in the Standard Industry Standards, in defective, unrepaired, contaminated special clothing and special shoes, as well as with faulty PPE. Employees must take care of the PPE issued for their use, inform the employer in a timely manner of the need for dry cleaning, washing, drying, repair, degassing, decontamination, disinfection and dedusting of special clothing, as well as drying, repair, degassing, decontamination, disinfection, decontamination of special footwear and other PPE. The terms of use of PPE are calculated from the date of their actual issuance to employees. At the same time, the period of wearing warm special clothes and warm special footwear also includes the time of its storage in the warm season. When issuing PPE to employees such as respirators, gas masks, self-rescuers, safety belts, mosquito nets, helmets and some others, the employer must ensure that employees are instructed on the rules of use and the simplest ways to check the serviceability of these means, as well as training on their use. The employer ensures, in accordance with the terms established by GOST, regular testing and checking the serviceability of PPE (respirators, gas masks, self-rescuers, safety belts, mosquito nets, helmets, etc.), as well as timely replacement of filters, glasses and other parts of PPE with reduced protective properties. After checking the serviceability of the PPE, a mark (stamp, stamp) should be made on the timing of the subsequent test. For the storage of PPE issued to employees, the employer provides, in accordance with the requirements of building codes and regulations, specially equipped rooms (dressing rooms). Employees are not allowed to take PPE outside the organization at the end of work. In some cases, where the specified procedure cannot be observed due to working conditions (for example, at logging, geological work, etc.), PPE may remain with employees after hours, which may be stipulated in collective agreements and agreements or in the rules internal labor regulations. In accordance with Art. 220 of the Labor Code of the Russian Federation, in the event that an employee fails to provide PPE (in accordance with the norms), the employer is not entitled to demand that the employee perform labor duties and is obliged to pay for the downtime that has arisen for this reason in accordance with the legislation of the Russian Federation. The employer organizes proper care and storage of PPE, timely performs dry cleaning, washing, repair, decontamination, decontamination, neutralization and dedusting of special clothing, as well as repair, decontamination, decontamination and neutralization of special footwear and other PPE. In cases where it is required by the conditions of production, the organization (workshop, site) should be equipped with dryers for special clothes and special shoes, chambers for dedusting special clothes and installations for degassing, decontamination and disposal of PPE. Overalls for those working with oils, varnishes, paints and other flammable and combustible liquids should be stored suspended in metal cabinets installed in places specially designated for this purpose. Responsibility for the timely and full provision of PPE to employees, for organizing control over the correctness of their use by employees lies with the employer in the manner prescribed by law. Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.
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