Labor protection of persons with reduced working capacity. Special Evaluation of Working Conditions for the Disabled! Requirements for the working conditions of disabled people

CHIEF STATE SANITARY PHYSICIAN OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of SP 2.2.9.2510-09

____________________________________________________________________
Document as amended by:
Decree of the Chief State Sanitary Doctor of the Russian Federation of February 20, 2018 N 26 (Official Internet portal of legal information www.pravo.gov.ru, 03/19/2018, N 0001201803190032).
____________________________________________________________________

In accordance with the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological well-being of the population" (Collected Legislation of the Russian Federation, 1999, N 14, art. 1650; 2002, N 1 (part 1), art. 1; 2003, N 2, item 167; N 27 (part 1), item 2700; 2004, N 35, item 3607; 2005, N 19, item 1752; 2006, N 1, item 10, N 52 (Part 1), Article 5498; 2007, N 1 (Part 1), Article 21; N 1 (Part 1), Article 29; N 27, Article 3213; N 46, Article 5554; No. 49, art. 6070; 2008, No. 24, art. 2801; No. 29 (part 1), art. 3418; No. 30 (part 2), art. 3616; No. 44, art. Part 1), Article 6223; 2009, N 1, Article 17 and Decree of the Government of the Russian Federation of July 24, 2000 N 554 "On Approval of the Regulations on the State Sanitary and Epidemiological Service of the Russian Federation and the Regulations on State Sanitary and Epidemiological Rationing" ( Collection of Legislation of the Russian Federation, 2000, N 31, Art. 3295; 2004, N 8, Art. 663; N 47, Art. 4666; 2005, N 39, Art. 3953)

I decide:

1. Approve the sanitary rules SP 2.2.9.2510-09 "Hygienic requirements for the working conditions of disabled people" (Appendix).

G.G.Onishchenko

Registered
at the Ministry of Justice
Russian Federation
June 9, 2009
registration N 14036

Appendix. Hygienic requirements for the working conditions of disabled people

Appendix

APPROVED
decision of the Main State
sanitary doctor of the Russian Federation
dated May 18, 2009 N 30

Sanitary rules SP 2.2.9.2510-09

1 area of ​​use

1.1. Sanitary rules "Hygienic requirements for the working conditions of disabled people" (hereinafter - sanitary rules) establish the necessary requirements for sanitary and epidemiological safety and maintaining health at the workplace of disabled people, taking into account the degree of risk of harm.

1.2. These sanitary rules define the mandatory hygienic requirements for working conditions, production processes, equipment, main workplaces, production environment, raw materials, medical care and sanitary and household provision for working disabled people in order to protect their health.

1.3. Sanitary rules apply to all branches of economic activity, enterprises, institutions and organizations of all forms of ownership, regardless of the scope of economic activity and departmental subordination, in which the work of disabled people is used.

1.4. Sanitary rules define the rights and obligations of participants in relations regulated by this document.

2. General provisions

2.1. The purpose of these sanitary rules is to prevent or minimize the negative consequences of the use of disabled labor in production conditions, create hygienically safe working conditions, taking into account the anatomical and physiological characteristics of their body, maintain the health of the specified contingent of workers based on a comprehensive sanitary and epidemiological assessment of occupational risk and harmful factors production environment and labor process.

2.2. The Sanitary Rules are based on the principle of equality of opportunity for persons with disabilities and workers in general and govern the observance of equality of treatment and opportunity for disabled men and women workers.

2.3. The employer organizes and conducts production control over compliance with sanitary rules in accordance with sanitary legislation.

3. Sanitary and epidemiological requirements for the conditions and modes of work of disabled people

3.1. The professional selection of disabled people is based on the classifications of violations of the basic functions of the human body and the main categories of life activity established by the Government of the Russian Federation.

3.2. A specialized enterprise is understood as an enterprise, regardless of the form of ownership, employing the labor of disabled people, carrying out a set of measures for professional and social rehabilitation, providing the organization of medical care for the disabled, producing consumer goods, industrial and technical goods, where the total number of employees is at least 15 Human.

3.3. The basis of the activities of a specialized enterprise, along with economic and production, is purposeful work on the social, professional and medical rehabilitation of disabled people.

The main tasks of the specialized enterprise are: professional rehabilitation of disabled people, including:

- professional orientation;

- professional education;

- professional, industrial adaptation and employment;

- medical control over the rational employment of disabled people and their state of health, the provision of emergency and outpatient medical care to working disabled people;

- implementation of a set of measures for social and environmental orientation and social adaptation.

The enterprise organizes production facilities with the equipment of specialized workplaces that comply with current sanitary standards and recommendations of medical institutions serving this enterprise.

3.4. Determination of the compliance of working conditions of persons with reduced working capacity (disabled) with the current sanitary legislation is carried out by organizations and institutions of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

3.5. The employer provides:

3.5.1. creation of the necessary working conditions and working hours in accordance with the current legislation, general and individual rehabilitation programs for the disabled;

3.5.2. selection of special technological processes and products, taking into account the employment of disabled people and their professional skills and health status;

3.5.3. development and use of various means of small-scale mechanization to facilitate labor, if necessary, equipping the workplace of a disabled person on an individual basis;

3.5.4. employment of disabled people in accordance with the conclusion of the medical and social expertise;

3.5.5. organization of medical supervision of the disabled in the workplace and control over compliance with sanitary and hygienic conditions in production and non-production premises;

3.5.6. drawing up a schedule and mode of work for disabled people, taking into account their diseases and recommendations on the length of the working day;

3.5.7. production control over the implementation of sanitary rules and hygienic standards;

3.5.8. availability of sanitary and epidemiological conclusions on the raw materials used, manufactured products, the implementation of a hygienic assessment of technological processes;

3.5.9. taking the necessary measures in case of emergencies and accidents at work, including proper first aid measures.

3.6. When employing persons with disabilities, the compliance of the requirements of the nature and working conditions with the functional capabilities of the body, qualifications, and the degree of preservation of professional skills is ensured. It is preferable to keep the profession with a lighter work regime.

3.7. Specific measures to facilitate labor are carried out by the employer on the basis of the recommendations of the territorial bodies of Rospotrebnadzor and the medical institution.

4. Special requirements for the organization of production for the work of disabled people

4.1. The design and equipping of special workplaces for the disabled should be carried out taking into account the profession, the nature of the work performed, the degree of disability, the nature of functional disorders and the limitation of the ability to work, the level of specialization of the workplace, mechanization and automation of the production process.

When designing, reconstructing and operating special workplaces for the disabled, one should be guided by the current legislation of the Russian Federation.

A special workplace for a disabled person should ensure labor safety, work with minor or moderate physical, dynamic and static, intellectual, sensory, emotional loads, exclude the possibility of deterioration in health or injury to a disabled person.

4.2. Contraindicated for the employment of disabled people are working conditions characterized by the presence of harmful production factors that exceed hygienic standards and have an adverse effect on the body of the worker and / or his offspring and working conditions, the impact of which during the work shift (or part of it) poses a threat to life, high the risk of severe forms of acute occupational injuries, namely:

physical factors (noise, vibration, air temperature, humidity and air mobility, electromagnetic radiation, static electricity, illumination, etc.);

chemical factors (dust content, air pollution of the working area);

biological factors (pathogenic microorganisms and their metabolic products);

physical, dynamic and static loads during lifting and moving, holding weights, working in uncomfortable forced positions, long walking;

neuropsychic stress (sensory, emotional, intellectual stress, monotony, night shift work, with an extended working day).

4.3. The working conditions at the workplaces of disabled people must comply with the Individual Program for the Rehabilitation of a Disabled Person, developed by the Bureau of Medical and Social Expertise.

The indicated working conditions for the employment of persons with disabilities are:

optimal and permissible sanitary and hygienic conditions of the production environment in terms of physical (noise, vibration, infrasound, electromagnetic radiation, dust, microclimate), chemical (harmful substances, allergens, aerosols, etc.) and biological (microorganisms, including pathogenic, protein preparations ) factors;

work with slight or moderate physical, dynamic and static load, in some cases with severe physical load;

work mainly in a free position, sitting, with the possibility of changing the position of the body, in some cases - standing or with the possibility of walking;

a workplace that meets ergonomic requirements;

work not associated with significant movements (transitions).

4.4. The arrangement of equipment and furniture in the workplaces of disabled people should ensure the safety and comfort of work.

The arrangement of machine tools, equipment and furniture at the workplace intended for the work of a disabled person using a wheelchair for movement should ensure the possibility of access and turning around the wheelchair, and at the workplace of the blind and visually impaired - the possibility of working without interference from movement in the premises of other workers. To make it easier for a blind worker to find his workplace, machines, equipment or furniture must be equipped with tactile cues. The office equipment of workplaces for the disabled (work tables, workbenches, racks, cabinets) must correspond to the anthropometric data of the performer (table 1).

Table 1

Note. Height for legs from the floor to the bottom surface of the table - 600-625 mm, width of the leg area - 400 mm

4.5. Separate items of equipment and furniture at the workplaces of disabled people with lesions of the musculoskeletal system must be transformable. The work table should, as a rule, have a variable height and inclination of the working surface, as well as an adjustable footrest. A work chair for the disabled of this category must be equipped with a device for changing the position of the seat in height and inclination, an adjustable footrest, in some cases - a special seat that provides force compensation when standing up, a device for working tools, a device for moving along the working plane along a guide, as well as by means of electromechanical autonomous devices.

4.6. A special workplace for a disabled person should have basic and auxiliary equipment, technical and organizational equipment that ensure the implementation of ergonomic principles in the organization of workplaces for disabled people and take into account the individual capabilities and limitations of specific individuals. It is advisable to use workstations for disabled people specially designed for various specialties, including a desktop, a chair, technological equipment and stands for raw materials, tools and finished products. When designing a workplace for a disabled person with lesions of the musculoskeletal system, one should take into account the parameters of the surgical field accessible to the upper limbs under the condition of a fixed body position.

4.7. The organization of the workplace and the design of all elements of furniture, office equipment of production equipment must comply with the anthropometric, physiological and psychological characteristics and limitations of working disabled people, taking into account:

anatomical and morphological characteristics of the motor apparatus;

the ability to recognize equipment controls, objects of labor, tools;

accuracy, speed and amplitude of movements in the implementation of control actions;

the ability to capture and move tools, objects of labor (fingers, hand, whole hand, foot, including using prostheses and working nozzles on them);

the magnitude of the efforts developed in the implementation of control actions.

4.8. When designing and organizing special workplaces for the disabled, the following should be provided:

the use of special devices for the management and maintenance of equipment that compensate for the anatomical, morphological and physiological deficiencies and limitations of the disabled;

the use of a specially designed hand tool, the shape, size and resistance of the drive elements of which provide a secure grip and efficient use;

location of equipment controls, technological or organizational equipment, workpieces at the workplace within the reach of the motor field (in horizontal and vertical planes), taking into account the anthropometric and physical dimensions and physical limitations of the disabled person;

use for adjusting the height of the working surface of the table and the elements of the working chair easily accessible and controllable mechanisms with a secure fit;

the allocation of additional areas that provide the possibility of access, turning around at the workplace and performing work in a wheelchair;

equipping equipment and furniture at the workplace with indicators (visual, acoustic, tactile) that take into account the capabilities and limitations of certain groups of people with disabilities (blind, visually impaired, deaf) in the perception of information to easily find their workplace and perform work.
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One of the main problems with the population at present is disability. Recently, citizens are increasingly facing health difficulties, which forces the state to develop special programs of material assistance and rehabilitation support for such citizens.

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However, social assistance is not always enough for a comfortable life in modern conditions. That is why disabled people of the second and third groups are increasingly officially employed.

Main Aspects

Currently, a certain number of citizens with disabilities live on the territory of modern Russia.

At the same time, a separate number among them continues to conduct active labor activity. Especially for these purposes, some amendments to the existing laws have been developed and introduced, which can significantly ease the workload for people with physical disabilities.

Amendments to the current laws provide not only for the establishment of legal rest and wages. On the basis of existing laws, persons with disabilities must also work in conditions prepared for this.

At the same time, a limited time of work is specially established for them, which in turn is a privilege from the state, aimed at simplifying the living conditions of a physically limited citizen.

Initial concepts

In order to study in more detail the full importance and expediency of the program, it is necessary to consider some concepts related to this issue of working conditions for people with disabilities:

Taking into account these concepts, it will be much easier to consider what should be the specially created working conditions for disabled people of the 2nd group and 3rd category.

Features of regulation of this issue

In order to delve into the measures of state support for working disabled people in more detail, one should consider the features of regulating the work of disabled people under the Labor Code of the Russian Federation and on the basis of other laws in force in Russia, namely:

• a clear position of workers is established here;
• the minimum wage is strictly prescribed;
• vacation in the number of calendar days;
• in what sanitary conditions disabled people can work;
• on the basis of which the dismissal of an employee with restrictions may occur.

All these features are clearly spelled out in the Labor Code of the Russian Federation and are mandatory for any employer who employs a citizen with disabilities.

The legislative framework

Working conditions for people with disabilities are established at the legislative level using the following regulatory legal acts:

• Federal Law No. 178 of July 17, 1999 “On State Social Assistance”;
• Federal Law No. 143 of 11/15/1997 "On acts of civil status of citizens of the Russian Federation";
• Federal Law No. 181 of November 24, 1995 “On the Social Protection of Disabled Persons in the Russian Federation”;
• Labor Code of the Russian Federation article No. 133;
• Labor Code of the Russian Federation article No. 92;
• Labor Code of the Russian Federation Article No. 115 Chapter 19;
• Labor Code of the Russian Federation article No. 224.

On the basis of these laws, as well as the provisions of the Labor Code of the Russian Federation, the issue of providing decent working conditions for people with disabilities that meet all medical and sanitary requirements is regulated.

What special working conditions are provided for disabled people

Currently, the Government of the Russian Federation is pursuing an active policy to support citizens with disabilities.

Especially for them, not only measures of social assistance have been developed, but also special working conditions have been created to significantly simplify the life of this privileged category of the population.

Let us consider in more detail what constitutes a local act on the creation of special working conditions for people with disabilities:

1. Limited working hours.
2. Additional assistance during rehabilitation.
3. Established minimum wage.
4. Providing longer vacations.
5. Protecting the interests of people with disabilities while maintaining their labor activity.

All of these conditions must be provided by any employer who accepts an applicant with a visual impairment or other class of disability for a vacant position.

In this case, we considered the general conditions, regardless of the disability group. However, citizens who have a disability due to a general disease and the second category of disability have slightly more privileges in comparison with the 3rd group.

How hygiene requirements should be observed (group 2, 3)

At present, for the official employment of persons with disabilities, it is not enough to simply create working conditions. In this case, it is extremely important that all hygiene and sanitary requirements are met.

Depending on the disability group, their own separate requirements for this moment are established. In addition, attention is paid to the nature of the disability of a working citizen with disabilities.

All the necessary information regarding sanitary and hygienic requirements is established by special services, and if these standards are not observed, the employer faces a serious fine.

Is it possible to work in a harmful working atmosphere

Many citizens of the Russian Federation, even despite deviations in health, continue to be active in the labor force.

In this case, there is a separate issue that needs to be considered, namely, employment in a harmful enterprise. Let's consider in more detail:

1. Officially, this is not prohibited for disabled people of the third group.
2. The working day during employment is significantly reduced.
3. When working in a hazardous industrial zone, additional days are added to the paid vacation.
4. Despite the harmfulness, all necessary working conditions must be created for employees, up to control over the uniform.
5. Disabled people of the second group are not hired in a harmful atmosphere.

Disabled people can work in a harmful atmosphere, however, for this, the employer must create additional working conditions.

How is compliance checked?

All labor standards are established at the legislative level and approved by the current Government. In accordance with this, the created conditions for the work of disabled people are being checked.

Let's consider in more detail how this check is carried out:

• it is mandatory to check for compliance with sanitary standards when starting the enterprise;
• when opening a new production, the employer must know in advance whether disabled people will work for him;
• in addition to this, regular annual inspections of compliance with sanitary standards are carried out;
• in some cases, unscheduled on-site inspections of individual enterprises are additionally carried out;
• additionally, an annual reporting to specialized services is carried out.

At present, this is how organizations in the Russian Federation are monitored, regardless of whether disabled people work there or not.

What to look out for

Before applying for a job, a disabled person should pay special attention to a number of nuances, namely:

1. Form of employment under an employment contract.
2. The nature of employment - official or not.
3. Compliance with the norms of the sanitary and epidemiological station.
4. Are there any benefits for the disabled?
5. Payroll methods.
6. Permission to work from the attending physician.

With official employment, a disabled person of the second or third group should pay attention to all these points.

So, for example, if you are unofficially employed, you will not be entitled to the benefits required by law.

Currently, the state is pursuing an active policy to support citizens with disabilities.

In the field of labor relations, the legislation provides for the following guarantees for persons with disabilities:

Reduced working hours for employees with disabilities of group I or II - no more than 35 hours per week (Article 92 of the Labor Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation));

Some restrictions on work outside normal working conditions (Articles 94, 96, 99 and 113 of the Labor Code of the Russian Federation);

The right to annual paid leave of at least 30 calendar days and leave without pay up to 60 calendar days a year (Article 23 of the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation" and Article 128 of the Labor Code of the Russian Federation);

A number of guarantees upon termination of an employment contract (Article 179 of the Labor Code of the Russian Federation).

At the same time, when applying for a job, you must take into account that the provisions of Art. 224 of the Labor Code of the Russian Federation obliges the employer to create working conditions for disabled people in accordance with an individual rehabilitation program. According to this article, in cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation, the employer is obliged: comply with the restrictions established for certain categories of workers on involving them in performing heavy work, work with harmful and (or) dangerous working conditions, performing work at night, as well as overtime work.

Restrictions on the involvement of disabled people in certain types of work are established in the Sanitary Rules 2.2.9.2510-09 "Hygienic requirements for working conditions for disabled people" (approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 N 30). So, in paragraph 4.2. These Rules indicate the working conditions in which it is prohibited for disabled people to work. This paragraph states that working conditions are contraindicated for the employment of disabled people, characterized by the presence of harmful production factors that exceed hygiene standards and have an adverse effect on the body of the worker and / or his offspring, and working conditions, the impact of which during the work shift (or part of it) poses a threat to life, a high risk of severe forms of acute occupational injuries, namely:

Physical factors (noise, vibration, air temperature, humidity and air mobility, electromagnetic radiation, static electricity, illumination, etc.);

Chemical factors (dustiness, air pollution of the working area);

Biological factors (pathogenic microorganisms and their metabolic products);

Physical, dynamic and static loads when lifting and moving, holding weights, working in uncomfortable forced positions, long walking;

Neuropsychic stress (sensory, emotional, intellectual stress, monotony, night shift work, with an extended working day).

The indicated working conditions for the employment of disabled people are (clause 4.3. Sanitary rules):

Optimal and permissible sanitary and hygienic conditions of the production environment in terms of physical (noise, vibration, infrasound, electromagnetic radiation, dust, microclimate), chemical (harmful substances, allergens, aerosols, etc.) and biological (microorganisms, including pathogenic, protein preparations ) factors;

Work with slight or moderate physical, dynamic and static load, in some cases with severe physical load;

Work mainly in a free position, sitting, with the possibility of changing the position of the body, in some cases - standing or with the possibility of walking;

A workplace that meets ergonomic requirements;

Work not associated with significant movements (transitions).

Therefore, the employer is not entitled to offer you work related to harmful production factors that exceed hygienic standards.

At the same time, it should be taken into account that when applying for a job with certain specifics (for example, for heavy work and for work with harmful and (or) dangerous working conditions), the applicant is obliged to undergo a preliminary medical examination and submit a document on the state of health (Article 213 of the Labor Code of the Russian Federation ). If a medical examination is refused or if a medical opinion is received that this work is contraindicated for an employee for health reasons, the employer has the right to refuse to conclude an employment contract due to circumstances related to the business qualities of this employee (Article 64 of the Labor Code of the Russian Federation).

In this regard, it should be noted that from January 1, 2012, the Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 No. 302n “On Approval of Lists of Harmful and (or) Hazardous Production Factors and Works, During the Performance of which Mandatory Preliminary and Periodic Medical Examinations are Conducted ( examinations), and the Procedure for Conducting Mandatory Preliminary and Periodic Medical Examinations (Examinations) of Employees Engaged in Hard Work and Work with Harmful and (or) Dangerous Working Conditions.

This order, in particular, approved a list of works, during the performance of which mandatory preliminary and periodic medical examinations (examinations) of employees are carried out (Appendix No. 2). At the same time, for each of the types of work, during the performance of which mandatory medical examinations are established, additional medical contraindications are defined in the specified list.

In addition, in order to engage in pedagogical activity, it is necessary to take into account Art. 331 of the Labor Code of the Russian Federation. According to this article, persons with diseases specified in the list approved by the federal executive body responsible for developing state policy and legal regulation in the field of healthcare are not allowed to teach.

To date, the list of diseases in the presence of which it is forbidden to conduct pedagogical activities has not been adopted, therefore, when admitting a person to engage in pedagogical activities, one should be guided by the List of diseases that pose a danger to others, approved by Decree of the Government of the Russian Federation dated 01.12.2004 No. 715 (Kurevina L. V The main obligations of the employer in the field of labor protection // Personnel department of a commercial organization. 2011. No. 11. P. 51 - 62.).

Applications:

1) Hygienic requirements for the working conditions of disabled people.

2) A list of diseases that pose a danger to others.

3) The list of works, during the performance of which mandatory preliminary and periodic medical examinations (examinations) of employees are carried out.

When employing people with disabilities, the employer is faced with the question: what specific jobs are best suited for workers with disabilities? In this part of the publication, we will talk about working conditions and jobs for people with disabilities.

Sanitary rules and regulations

When determining jobs for employees with disabilities, the employer can be guided by the Decree of the Ministry of Labor of the Russian Federation of September 8, 1993 No. 150. This document approved a list of priority professions, the mastery of which gives disabled people the opportunity to be competitive in regional labor markets. The list includes more than 100 different professions (groups of professions), such as agent, librarian, clerk, dispatcher, confectioner, laboratory assistant, bank teller, programmer, secretary, carpenter, teacher, photographer, draftsman, jeweler, lawyer, etc.

According to Art. 224 of the Labor Code of the Russian Federation, art. 23 of the Federal Law of November 24, 1995 No. 181, the employer is obliged to create the necessary working conditions for the disabled in accordance with the IPR. In addition to the individual conditions and recommendations contained in the IPR, there are also general regulatory requirements for the workplaces of disabled people.

Decree of the Chief State Sanitary Doctor of the Russian Federation No. 30 dated May 18, 2009 approved sanitary rules SP 2.2.9.2510 - 09 “Hygienic requirements for working conditions for disabled people” (hereinafter referred to as sanitary rules), establishing the necessary requirements for sanitary and epidemiological safety and maintaining health at the workplace of disabled people . Sanitary rules establish mandatory requirements for working conditions, production processes, equipment, basic workplaces, working environment, raw materials, medical care and sanitary facilities for working disabled people in order to protect their health.

Sanitary rules apply to all branches of economic activity and are mandatory for all enterprises, institutions and organizations where people with disabilities work, regardless of organizational and legal forms and forms of ownership, as well as departmental subordination.

In addition to creating the necessary working conditions in accordance with the IPR, the employer must provide for the disabled person:

• selection of special technological processes and products, taking into account the employment of disabled people, their professional skills and health status;
• development and use of various means of small-scale mechanization to facilitate labor, if necessary, equipping the workplace of a disabled person on an individual basis;
• employment in accordance with the conclusion of the medical and social examination;
• organization of medical supervision of the disabled in the workplace and control of compliance with sanitary and hygienic conditions in production and non-production premises;
• drawing up a schedule and mode of work for disabled people, taking into account their diseases and recommendations on the length of the working day;
• production control over the implementation of sanitary rules and hygienic standards;
• availability of sanitary and epidemiological conclusions on the raw materials used, manufactured products, the implementation of a hygienic assessment of technological processes;
• taking the necessary measures in the event of emergencies and accidents at work, including appropriate first aid measures.

Working conditions

The nature and working conditions in the employment of persons with disabilities must correspond to the functional characteristics of their body, qualifications, and the degree of preservation of professional skills. At the same time, priority should be given to the preservation of the former profession of a disabled worker with the establishment of an easier work regime for him. When implementing measures to facilitate the labor regime, the employer should be guided by the recommendations of the territorial bodies of Rospotrebnadzor and the medical institution.

When organizing production using the labor of disabled people, the employer must provide work with minor or moderate loads (physical, dynamic and static, intellectual, sensory, emotional) at a special workplace for a disabled person. The possibility of deterioration in the health or injury of a disabled worker must be excluded.

Sanitary rules establish requirements, in case of non-compliance with which the employment of a disabled person is contraindicated. It is unacceptable to use the labor of disabled people if there are harmful production factors at the workplace that exceed hygienic standards and have an adverse effect on the body of the worker and (or) his offspring:

• physical factors (noise, vibration, elevated air temperature, humidity and air mobility, electromagnetic radiation, static electricity, illumination, etc.);
• chemical factors (dust content, air pollution of the working area);
• biological factors (pathogenic microorganisms and their metabolic products);
• physical, dynamic and static loads during lifting and moving, holding weights, working in uncomfortable forced positions, long walking;
• neuropsychic stress (sensory, emotional, intellectual; monotony, night shift work, with an extended working day).

It is also impossible to use the work of disabled people if the impact of working conditions during the work shift or part of it creates a threat to life, a high risk of severe forms of acute occupational injuries.

The working conditions indicated for the employment of persons with disabilities are:

• optimal and permissible sanitary and hygienic conditions of the production environment in terms of physical (noise, vibration, infrasound, electromagnetic radiation, dust, microclimate), chemical (harmful substances, allergens, aerosols, etc.) and biological (microorganisms, including pathogenic, protein preparations ) factors;
• work with slight or moderate physical, dynamic and static load, in some cases with severe physical load;
• work mainly in a free position, sitting, with the possibility of changing the position of the body, in some cases - standing or with the possibility of walking;
• a workplace that meets ergonomic requirements;
• work not associated with significant movements (transitions).

Special fixtures in the workplace

Sanitary rules provide requirements for the design and organization of special jobs for the disabled. These jobs should include:

• the use of special devices that compensate for the anatomical, morphological and physiological deficiencies and limitations of the disabled;
• the use of a specially designed hand tool, the shape, size and resistance of the drive elements of which provide a secure grip and efficient use;
• location of equipment controls, technological or organizational equipment, workpieces at the workplace within the reach of the motor field (in horizontal and vertical planes), taking into account the anthropometric and physical dimensions and physical limitations of the disabled person;
• the use of easily accessible and controllable mechanisms for adjusting the height of the working surface of the table, which have a secure fit;
• the allocation of additional areas that provide the possibility of access, turning around at the workplace and performing work in a wheelchair;
• equipping equipment and furniture at the workplace with indicators (visual, acoustic, tactile) that take into account the capabilities and limitations of certain groups of people with disabilities (blind, visually impaired, deaf) in perceiving information to easily find their workplace and perform work.

When organizing a workplace for a disabled person, the employer must distribute equipment and furniture at the workplace in such a way as to ensure safety and comfort at work. Work tables, workbenches, racks, cabinets and other elements of the office equipment of the workplace of a disabled person must correspond to his anthropometric data. For this, the sanitary rules provide tables indicating the necessary ratios.

Auxiliary, special and sanitary premises should be located in the same building with production workshops or connected to it by a warm passage. When placing industrial premises above the second floor, low-speed passenger elevators should be provided.

It is not allowed to place permanent jobs for disabled people in the basement, basement floors, in buildings without natural lighting and air exchange.

At specialized enterprises intended for the employment of disabled people, in accordance with sanitary rules, recreation facilities should be equipped, the area of ​​\u200b\u200bwhich is determined at the rate of 0.3 m2 per employee, but should not be less than 12 m2. Rest rooms should be located at a distance of no more than 75 m from the production workshops and be equipped with comfortable furniture, including several places for lying down.

Sanitary rules establish special requirements for working conditions for certain categories of disabled people, depending on the type of impairment of body functions. So, for disabled workers with lesions of the musculoskeletal system, it is necessary to provide the opportunity to transform individual elements of equipment and furniture at the workplace.

Work tables for such workers should have a variable height and slope of the working surface, as well as an adjustable footrest. Work chairs should allow you to change the position of the seat in height and inclination. In some cases, it is necessary to equip chairs with devices for working tools, a device that provides movement along the working plane along the guide, special seats that compensate for efforts when standing up.

If the company employs disabled people, the employer is obliged to create special working conditions for them. This requirement is contained in Art. 224 of the Labor Code. How to do it is described in the article.

On the right of a disabled person to work

As a general rule, everyone has equal labor rights and no one can be limited in the possibility of their implementation due to position, age and other circumstances not related to business qualities (parts 1 and 2 of article 3 of the Labor Code of the Russian Federation).
Legislation guarantees persons with disabilities the right to work. This follows from Art. 20 of the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of the Disabled in the Russian Federation". Moreover, Art. 21 of this document instructs the constituent entities of the Russian Federation to establish a quota for the reception of disabled people for organizations with more than 100 people: not less than 2% and not more than 4% of the average number of employees.
According to Art. 5.42 of the Code of Administrative Offenses of the Russian Federation for an unlawful refusal to conclude an employment contract with a disabled person (within the established quota), a fine in the amount of 2,000 to 3,000 rubles may be imposed on the head of the organization.
However, according to part 3 of Art. 3 of the Labor Code, the right to work may be limited if this is due to the concern of the state for persons who need increased social protection. The right of a disabled person may be limited if the job for which he is applying is contraindicated for him.

Documents confirming disability

Information about the disability of the applicant must be confirmed by relevant documents. The employer can find out about the presence of contraindications or special recommendations for organizing the work of a disabled person:
- from a certificate of medical and social expertise, which indicates the group of disability and the degree of limitation of the ability to work (form N 1503004). The certificate form is approved by the Decree of the Ministry of Labor of Russia of March 30, 2004 N 41 (Appendix N 1);
- an individual rehabilitation program for a disabled person. A sample form of an individual rehabilitation program is contained in Appendix N 1 to the Order of the Ministry of Health and Social Development of Russia dated 04.08.2008 N 379n.
Is a disabled person required to show these documents when applying for a job? No, it is not obliged, because they are not in the list of documents that must be presented when applying for a job (part 1 of article 65 of the Labor Code of the Russian Federation).
However, in some cases, taking into account the specifics of the work, when concluding an employment contract, the applicant must submit additional documents, for example, on the state of health (part 2 of article 65 of the Labor Code of the Russian Federation).

Labor protection for disabled people

The provisions of Art. 224 of the Labor Code of the Russian Federation obliges the employer to create working conditions for disabled people in accordance with an individual rehabilitation program.
Sanitary rules SP 2.2.9.2510-09 "Hygienic requirements for working conditions for disabled people", which are approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 N 30 (hereinafter referred to as the Sanitary Rules), establish the necessary requirements for sanitary and epidemiological safety and maintaining health at work place for the disabled. They come into effect on August 15, 2009.

Who is obliged to apply the new Sanitary Rules?
Responsibility for their violation

Sanitary rules apply to all branches of economic activity, enterprises, institutions and organizations of all forms of ownership, regardless of the scope of economic activity and departmental subordination, in which the work of disabled people is used (clause 1.3 of the Sanitary Rules).
According to Art. 6.3 of the Code of Administrative Offenses of the Russian Federation for violation of sanitary rules, a fine is imposed:
- for officials of the organization - from 500 to 1000 rubles;
- legal entities - from 10,000 to 20,000 rubles. or administrative suspension of activities for up to 90 days.

The Sanitary Rules formulate mandatory hygiene requirements:
- to working conditions;
- equipment;
- main jobs;
- medical care and sanitary support for disabled workers, etc.

Working conditions for disabled people and working hours

According to part 2 of Art. 209 of the Labor Code, working conditions are a combination of factors in the working environment and the labor process that affect the performance and health of workers.
Working conditions for workers with disabilities must comply with:
- current legislation (clause 3.5.1 of the Sanitary Rules);
- general and individual programs for the rehabilitation of disabled people (clause 3.5.1 and part 1, clause 4.3 of the Sanitary Rules).

Thus, the employer needs to pay attention to the contraindications and recommendations regarding the available working conditions, which are contained in the rehabilitation program. For example, recommendations on the permissible level of noise, vibration, infrasound, electromagnetic radiation, dust, etc. This is stated in Part 2, Clause 4.3 of the Sanitary Rules.

Perhaps the employee needs work:
- with slight or moderate physical, dynamic and static load;
- mostly in a free position, sitting, with the possibility of changing the position of the body, in some cases - standing or with the possibility of walking;
- not related to transitions.
When organizing the work of disabled people, the employer must take into account all these factors.

Contraindicated working conditions for disabled people

The working conditions in which disabled people are prohibited from working are specified in clause 4.2 of the Sanitary Rules. These include working conditions under which hygienic standards are exceeded. It can be:
- physical factors (noise, vibration, air temperature, humidity and air mobility, electromagnetic radiation, static electricity, illumination, etc.);
- chemical factors (dust content, air pollution of the working area);
- biological factors (pathogenic microorganisms and their metabolic products);
- physical, dynamic and static loads during lifting and moving, holding weights, working in uncomfortable positions, long walking;
- neuropsychic stress (sensory, emotional, intellectual, monotony, night shift work, with an extended working day).

Recall that the hygienic standards of working conditions (MPC, MPC) are the levels of harmful factors in the working environment. They should not cause diseases or deviations in the state of health during daily (except weekends) work for eight hours, but not more than 40 hours a week, throughout the entire working experience. This is stated in Art. 3 Guidelines for the hygienic assessment of factors of the working environment and the labor process, approved by Rospotrebnadzor on 29.07.2005.

Working mode

The mode of operation for the disabled should be established taking into account the current legislation (clause 3.5.1 of the Sanitary Rules):
- the duration of working hours for employees who are disabled people of groups I and II should not exceed 35 hours per week (part 1 of article 92 of the Labor Code of the Russian Federation);
- the duration of daily work (shift) for disabled people is indicated in the medical report (part 1, article 94 of the Labor Code of the Russian Federation);
- Disabled people can be involved in night work, overtime work and work on weekends and non-working holidays only with their written consent and provided that such work is not prohibited to them for health reasons (part 5 of article 96, part 5 article 99 and part 7 article 113 of the Labor Code of the Russian Federation). Persons with disabilities must be informed against signature of their right to refuse to work on a weekend or non-working holiday;
- working disabled people have the right to leave without pay for up to 60 calendar days a year (part 2 of article 128 of the Labor Code of the Russian Federation) and annual leave of 30 calendar days (part 5 of article 23 of the Federal Law of November 24, 1995 N 181 -FZ).

Requirements for premises in which people with disabilities work

Consider what requirements are established by the Sanitary Rules for industrial and sanitary premises.

Industrial premises

According to paragraph 4.15 of the Sanitary Rules, it is impossible to place permanent workplaces for people with disabilities in the basement and basement floors, as well as in buildings without natural lighting and air exchange.
The volume of production facilities per one working disabled person must be at least 15 cubic meters. m, area - not less than 4.5 sq. m, height - not less than 3.2 m. Please note: the specified area does not include technological equipment, the area of ​​​​passages, driveways, intermediate storage of materials and finished products. This is stated in paragraph 4.16 of the Sanitary Rules.
Floors in industrial premises must be warm and not slippery (clause 4.19 of the Sanitary Rules).

Sanitary facilities

Requirements for recreation facilities at enterprises employing disabled workers are listed in paragraphs 5.1 - 5.5 of the Sanitary Rules:
- the area of ​​the premises is determined at the rate of 0.3 sq. m per employee, but not less than 12 sq. m (depending on the group of production processes). Distance from industrial premises to recreational premises - no more than 75 m;
- in recreation rooms, in addition to comfortable furniture, several places for lying should be equipped.
In addition, the company must have:
- canteens, buffets, rooms for meals (at the same time, workers must be provided with hot meals);
- a health center (a doctor's office, a treatment room and a room where disabled people can stay in case of a sharp deterioration in health).
Wet cleaning of premises should be done at the end of each shift.

Organization of workplaces

The arrangement of equipment and furniture in the workplaces of disabled people should ensure the safety and comfort of work. The office equipment of workplaces for the disabled (tables, workbenches, racks, cabinets) must correspond to the anthropometric data of the performer (see table on p. 111).

Sanitary and hygienic factors of the working environment

According to clause 4.21 of the Sanitary Rules, the parameters of the microclimate, noise and vibration, illumination, air environment and chemical factors of the production environment are set in accordance with the requirements of the current sanitary legislation.
Noise and vibration. If the permissible level of noise and vibration is exceeded in the production room, rocker-type sound absorbers, sound-absorbing screens or various piece sound absorbers (for example, prisms and balls suspended in the room in close proximity to the noise source) should be used.
In offices, excessive noise is recommended to be reduced with the help of sound-absorbing wall cladding, acoustic ceilings, carpeted floors, as well as bookcases and shelving that isolate the workplace of a disabled person. Such requirements are provided for in clause 4.9 of the Sanitary Rules.
Illumination. When organizing the lighting of the workplace of a disabled person, it is necessary that the light falls on the workplace from the side, obliquely and from behind. This is stated in clause 4.11 of the Sanitary Rules.

Organization of labor for specific categories of disabled people

Consider the special requirements for the organization of work of disabled people with damage to individual functions and body systems.

Pulmonary tuberculosis

Disabled people of group II and, as an exception, group III from among bacillary patients can be taken to enterprises that use the labor of disabled people due to pulmonary tuberculosis.
The basic requirements for the premises in which such employees work and sanitary conditions are given in clauses 6.1.3 - 6.1.21 of the Sanitary Rules:
- windows should face the sunny side;
- healthy and sick workers should eat and perform hygiene procedures separately;
- the air should not contain substances with an irritating effect on the respiratory tract.

But the most important requirement is the disinfection of clothing and premises (clauses 6.1.11 - 6.1.15 of the Sanitary Rules). Control over the implementation of disinfection measures is carried out by the employer (clause 6.1.21 of the Sanitary Rules).
Enterprises employing disabled people with pulmonary tuberculosis are prohibited from producing children's household items, products for the food industry and public catering systems. This is stated in clause 6.1.19 of the Sanitary Rules.

Diseases of the cardiovascular system

Enterprises that use the labor of disabled people due to cardiovascular diseases are sent (clause 6.2.1 of the Sanitary Rules):
- invalids of the III group;
- as an exception, disabled people of group II in accordance with the recommendations of MSEC;
- invalids owing to other somatic diseases.

The windows of the production premises should face the shady side. If this is not possible, protection from direct sunlight should be provided. When arranging cabinets and rack structures, forced inclinations of the torso should be excluded. Shelves must be placed at shoulder level and not higher than human height.
At the workplaces of disabled people suffering from cardiovascular diseases, there should be no harmful chemicals, thermal and electromagnetic radiation, local vibration, ultraviolet radiation.

Neuropsychiatric diseases

The list of neuropsychiatric diseases for which a disabled person is allowed to work is given in clause 6.3.1 of the Sanitary Rules.
The main requirements for industrial premises in which disabled people work include the minimum number of partitions between the workplaces of disabled workers, the installation of fencing devices in dangerous places (for example, in stairwells), the use of unbreakable glass for glazing windows, etc.

Diseases of the organs of vision

The work that visually impaired people can perform depends on the state of their basic visual functions (clause 6.4.1 of the Sanitary Rules). Disabled people with vision loss are not allowed to work with sources of local vibration and noise (clause 6.4.12 of the Sanitary Rules).
The main requirement for organizing a workplace is to provide workplaces and technological equipment with a system of landmarks (tactile, auditory, visual) that will help a disabled person navigate the workplace (clauses 6.4.3 and 6.4.8 of the Sanitary Rules). Illumination in the workplace should be set taking into account the disease of the disabled person. As natural light decreases, artificial light should automatically turn on.

Hearing diseases

Disabled people with hearing loss can work in factories on an equal basis with healthy people. But they are not allowed to work:
- with fire and explosive substances;
- moving mechanisms;
- in conditions of intense noise and local industrial vibration;
- for the production of substances that aggravate damage to the organs of hearing and balance.

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