home Audience 2 Established sanitary and hygienic requirements for disabled people. Working conditions for disabled people. Documents confirming the employee's disability

Established sanitary and hygienic requirements for disabled people. Working conditions for disabled people. Documents confirming the employee's disability

Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with an individual rehabilitation program.
It is not allowed to establish in collective or individual agreements the working conditions of disabled people (wages, working hours and rest periods, the duration of annual and additional paid leave, etc.), which worsen the situation of disabled people in comparison with other employees.
For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.
By agreement between the employee and the employer, a part-time or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen (a disabled child under the age of 18), as well as a person caring for the patient family member in accordance with a medical report.
For disabled people, the duration of daily work (shift) is established in accordance with a medical report.
The following are not allowed to work at night (night time - time from 10 pm to 6 am): disabled people; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with the Labor Code and other federal laws. Workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate, may be required to work at night only with their written consent and provided that such work is not prohibited for them due to health reasons. in accordance with the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.
Involving disabled people in overtime work is permitted only with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical report. In this case, disabled people must be informed in writing of their right to refuse overtime work.
Working on weekends and non-working holidays is generally prohibited.
Engaging disabled people to work on weekends and non-working holidays is permitted only if such work is not prohibited for them for medical reasons. At the same time, disabled people must be informed in writing of their right to refuse to work on weekends and non-working holidays.
Disabled persons are granted annual leave of at least 30 calendar days based on a six-day working week.
In addition, the employer is obliged, based on a written application from the employee, to provide unpaid leave to disabled workers - up to 60 calendar days per year.
This collection of information is based on excerpts from the Law “On Social Protection of Disabled Persons in the Russian Federation” and the Labor Code of the Russian Federation and published in the educational and methodological manual “Vocational Rehabilitation of Disabled Persons” (Ministry of Labor and Social Development of the Russian Federation jointly with the Federal Scientific and Practical Center for Medical social examination and rehabilitation of disabled people, 2004). This is the only information that can be found in the current Russian legislation on special working conditions for people with disabilities. There is a little of it in other various scientific and methodological materials.
Sometimes the materials mix up the concepts of “special working conditions for people with disabilities” and “special workplaces for people with disabilities.” It happens that this is justified, since the authors mean the same thing by them. But there is a fundamental difference between these two concepts.
The process of creating jobs in specialized enterprises that employ disabled people is a completely different topic and, in our opinion, has little in common with the process of creating special working conditions for people with disabilities. In this chapter we will dwell in more detail on special working conditions for people with disabilities.
In their work, our organizations oppose the isolation of disabled people in special production conditions, and strive to integrate them into the environment of workers without disabilities. Special jobs for disabled people can (and should) be created within ordinary enterprises, then the concepts discussed (jobs in special enterprises employing disabled people, and special working conditions for people with disabilities) coincide in meaning, with the exception of one point. It is understood that special jobs for people with disabilities are considered special because they are initially created and designed only for people with disabilities. This may take a formal form, when it is simply declared that this workplace is intended for the employment of a disabled person, and working conditions there will be created when a suitable employee from among people with disabilities becomes available. Or it may initially have ready-made working conditions, and a suitable employee with a disability will be looked for for them. These are different approaches, since the processes of creating special working conditions and employment of people with disabilities take place here differently, and their results are also different. We'll look at this in more detail next.
One of the difficult tasks is the development of standards for the creation of special working conditions, which should allow not only to monitor the health of a disabled person employed, but also to effectively solve all the problems of an organizational and social nature that arise. At the moment, the vocational rehabilitation section of the IPR includes only the medical components of the working conditions of people with disabilities, which makes it possible to select a profession suitable for their health condition, but cannot help in any way in the process of further employment. One can even say that the Individual Rehabilitation Program indicates contraindicated working conditions for a disabled person more than those that should be created at his workplace and will help him work effectively.
Working conditions contraindicated for the employment of disabled people are characterized by increased (decreased) levels of:
Physical factors (noise, vibration, air temperature, humidity and air mobility, electromagnetic radiation, static electricity, illumination, etc.),
Chemical factors (dust, air pollution in the working area),
Biological factors (pathogenic microorganisms and their metabolic products),
Physical, dynamic and statistical loads when lifting and moving, holding heavy objects, working in uncomfortable forced positions, long walking,
Neuropsychic stress (sensory, emotional, intellectual, monotony, night shift work, long working hours.

So what are these special working conditions for disabled people and how should they be created?
First of all, it is necessary to point out that all people with disabilities are different in their needs, and it is impossible to approach the creation of working conditions with the same requirements even for people with disabilities with the same type of limitations. There can and should be general criteria for assessing the labor potential of people with disabilities and uniform procedures for classifying needs depending on the objective state of their physical or mental capabilities, but this should not obscure the individuality of the process of their employment. Here, both the psychological aspects of each individual and the specificity of each individual situation come to the fore, when the same measures may or may not have the expected effect.
On the other hand, it is impossible to determine what working conditions a person with a disability needs in isolation from the specific vacancy for which he is applying. For example, a blind person needs certain measures to create working conditions if he wants to work as an operator on a personal computer, and completely different ones to work as a massage therapist. That is, the creation of special working conditions for a disabled person is a purely individual process and it consists in determining specific measures for a specific person within a specific vacancy.
The design and equipping of special workplaces for disabled people must be carried out taking into account the profession, the nature of the work performed, the type of disability, the degree of functional impairment and limitation of the ability to work, the level of specialization of the workplace, mechanization and automation of the production process.
Working conditions in the workplace for disabled people must comply with the Individual Rehabilitation Program for a disabled person, developed by the Bureau of Medical and Social Expertise.
When designing, reconstructing and operating special workplaces for disabled people, one should be guided by:
“Unified sanitary rules for enterprises (production associations), workshops and areas intended for the use of labor of disabled people and old-age pensioners” (Ministry of Health of the USSR, No. 2672-83 dated 03/01/83);
Occupational Safety System Standards (OSSS);
"Sanitary rules, norms and hygienic standards;
Hygienic criteria for assessing and classifying working conditions according to indicators of harmfulness and danger of factors in the working environment, severity and intensity of the labor process, approved by the State Committee for Sanitary and Epidemiological Surveillance of Russia on April 23, 1999. Guideline 2.2.755-99;
Regulatory documents of public associations of disabled people (VOI, VOG, VOS), the Ministry of Labor of the Russian Federation, regulating the work of disabled people;
Resolution of the Ministry of Labor of Russia "On the list of priority professions for workers and employees, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets" dated September 3, 1993 No. 150.
(Educational and methodological manual “Vocational Rehabilitation of Disabled Persons”, published by the Ministry of Labor and Social Development of the Russian Federation jointly with the Federal Scientific and Practical Center for Medical and Social Expertise and Rehabilitation of Disabled Persons, 2003).
An important procedure for creating special working conditions is to identify barriers that may become an obstacle to the effective work of a person with a disability. There is also insufficient knowledge about the type of physical limitations of a disabled person and his health capabilities; data on professional skills and related social factors is needed. That is, information that a person can only move in a wheelchair does not allow determining the conditions under which he will be able to work. You can outline the need to create an accessible infrastructure for people with disabilities with musculoskeletal disorders, a list of specialties and professional duties that are contraindicated for a given person in accordance with his medical report. Accessible infrastructure includes the ability to move freely around the organization (no steps, high thresholds, wide doorways, etc.), and convenience directly at the workplace (location of tools and equipment at the optimal level in height and depth, accessibility of shelves and racks etc.). Contraindications may reflect the objective professional limitations of a disabled person, because there are a number of professions that are inaccessible to a person using a wheelchair (for example, a miner or a flight attendant) or working conditions that are harmful to him for health reasons.
But this information does not contain ready-made solutions to remove barriers to the employment of disabled people. He needs, firstly, to be tied to a specific place of work, secondly, to perform designated job duties and, thirdly, to determine the already mentioned social factors that facilitate or hinder the work activity of this person with a disability.
The above can be illustrated by the following situations: if a disabled person who uses a wheelchair seeks to work in an office as a computer technology specialist, then based on the proposed vacancy, he needs one set of measures, and if he is a plumbing foreman in production, then a completely different one. The sets of measures will differ due to the place of work, which fundamentally influences the creation of special conditions for the employment of a disabled person, and the requirements for the revision or adaptation of job responsibilities. That is, for a computer technician, it is necessary to take into account that he will not be able to independently move equipment, reach distant sockets, pull wiring, etc. Consequently, these responsibilities must be transferred to another person, or the technical possibility must be provided for how he can perform them. A similar procedure must be done in relation to the vacancy “industrial mechanic”.
In the examples given, we do not even take into account the possible factors accompanying their disability, for example, weakness of the grip of the hands (occurs with an injury to the cervical vertebrae), difficulties spending the whole day in a sitting position (due to partial damage to the back muscles), the need for regular breaks work due to headaches and so on. These restrictions may not exist, or they may be joined by other difficulties. Therefore, the task of creating special working conditions comes down to determining the capabilities of a person with a disability and correlating them with the requirements of the presented vacancy. Moreover, it is important to determine not only whether a disabled person is suitable for a given job, but also how working conditions can be changed so that a person with certain parameters of limitations and requirements for working conditions can work effectively in it.
This is a very important and, one might even say, fundamental point, which allows us to look at the issue of creating special working conditions for a person with disabilities from a slightly different angle. There are still too strong trends in selecting employees from among disabled people for vacancies on the simple principle of “suitable or not suitable” or trying to “tailor” the capabilities of a person with disabilities to the requirements of the vacancy. This is largely why the results of employment of disabled people are low. The employment process will take place in a completely different way and with different results if the vacancy itself is changed to suit the capabilities of a person with a disability. This can happen in the following ways:
1) Changes in current rules in the organization or work instructions of an employee with a disability. This could mean allowing extra breaks during work hours for someone experiencing bouts of fatigue (for example, due to multiple sclerosis) or transferring some of the job responsibilities of an office worker with hearing problems to another employee.
2) Purchasing additional special equipment and arranging a workplace for a disabled person. This may apply to computer programs that allow blind employees to work effectively on this equipment, or to the desktop of a disabled person in a wheelchair, from under which the bedside table needs to be removed and the opening for his legs needs to be widened.
3) By using a special service. This, for example, may be necessary when holding a meeting with the participation of people with hearing impairments (inviting sign language interpreters) or translating materials necessary for the work of blind employees from flat-printed form into Braille.
To employ a disabled person, it is necessary to take into account the social factors of his life. For example, if a person who uses a wheelchair has a personal car, then this fact contributes to his ability to work outside the home. And if, for example, he lives on the third floor of a residential building without an elevator, then until the issue of free access to the street is resolved, his employment to work in the office of any organization poses a serious problem.
A special workplace for a disabled person must have basic and auxiliary equipment, technical and organizational equipment that ensures the implementation of ergonomic principles when organizing workplaces for disabled people and takes into account the individual capabilities and limitations of specific individuals.
The design of all elements of production equipment and the organization of the workplace must correspond to the anthropometric, physiological and psychological characteristics and limited capabilities of working disabled people, taking into account:
Anatomical and morphological characteristics of the motor system;
Possibilities for recognizing controls, objects of labor, tools;
Accuracy, speed and amplitude of movements when performing control actions;
Capabilities of gripping and methods of moving controls, tools, work objects (fingers, hand, whole arm, foot, including using prostheses and working attachments on them);
The magnitude of efforts developed during the implementation of control actions.
When designing and organizing special workplaces for disabled people, the following must 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 disabled people;
The use of specially designed hand tools, the shape, size and resistance value of the drive elements of which ensure reliable grip and effective use;
The location of equipment controls, technological or organizational equipment, processed parts in the workplace within the reach zones of the motor field (in horizontal and vertical planes), taking into account the anthropometric dimensions and physical limitations of the disabled person;
The use of easily accessible and controllable mechanisms that have reliable fixation to adjust the height of the working surface of the table and elements of the work chair;
Allocation of additional areas to ensure the possibility of accessing, turning around at the workplace and performing work in a wheelchair;
Equipping equipment and furniture in the workplace with indicators (visual, acoustic, tactile), taking into account the capabilities and limitations of certain groups of disabled people (blind, visually impaired, deaf) and the perception of information for the unhindered finding of their workplace and performance of work;
Introduction, if necessary, of special operating modes and additional regulated breaks.
The arrangement of equipment and furniture in the workplaces of disabled people should ensure safety and comfort. All elements of stationary equipment intended for use by disabled people must be firmly and securely fastened.
(Training and methodological manual "Vocational rehabilitation of disabled people", Ministry of Labor and Social Development of the Russian Federation together with the Federal Scientific and Practical Center for Medical and Social Expertise and Rehabilitation of Disabled People, 2003).
Creating special working conditions for a person with a disability consists of solving three main blocks of possible barriers:
1. Accessibility of infrastructure, both the entire building and the workplace itself, must ensure the freedom of movement of a person with a disability and the efficiency of his work activity.
2. The place and schedule of work must correspond to his physical and social capabilities.
3. Job duties and working conditions that are not available to a person with a disability must be adapted to his physical and social capabilities or eliminated.
When creating working conditions for a disabled person, it is necessary to take into account both the physical and social components of his limitations. That is, the inability of a person in a wheelchair to get to his place of work represents precisely social restrictions, since they arose due to the inaccessibility of an exit from his home and the inadequacy of public transport. Another example, if a disabled person is offered a vacancy as a secretary on a home telephone with official responsibilities for entering the received data into a computer and sending it by e-mail, but he does not have a computer, then this is also his social limitation.
Social restrictions of people with disabilities, although objective in nature, are dictated solely by temporary factors and the imperfection of the attitude of Russian society to the problems of disability. And, unlike physical ones, social restrictions in the employment of disabled people can and should be overcome. But, at the moment, the creation of special working conditions is directly related to the social conditions of life of a person with a disability, and they cannot be ignored.
We would like to point out that of the three points listed above, only the first requires financial costs (although, in accordance with the law, the standards of architectural and information accessibility for disabled people in the infrastructure of any company must already be observed), and the other two require organizational efforts. This shows that the matter is not only and not so much about finances, which are necessary to create jobs with conditions that suit the employment of people with disabilities, as some government officials sometimes try to present it. It is much more important to create a system that will take into account the capabilities of a disabled person, the possibilities of a vacancy and the possibility of their mutual adaptation. This is not a question of money, but a question of structural restructuring of existing programs for the employment of people with disabilities.
Nowadays, most often, financial resources are first allocated to create jobs for disabled people, then these jobs are created, and only then are disabled people found to work in them. According to this principle, for example, the program of the Moscow Public Relations Committee operates to hold a competition among employers to create additional jobs for people with disabilities. In addition to the fact that this is ineffective, since it is difficult to find an employee with a disability who can fully fit into a workplace and working conditions that have not already been created for him, it is also economically unprofitable.
We propose to proceed from the opposite: first you need to find an employee with a disability, then determine what needs to be done so that he can work effectively, and based on this information, select, adapt or create a workplace. At the same time, you first need to calculate how much it costs and only then allocate financial resources. Based on foreign research on this topic, it may turn out that in order to employ approximately 60% of disabled people, financial costs directly for the creation of special working conditions will not be required at all. They need measures to eliminate barriers to employment from points 2 and 3 of the scheme proposed above. And here, we repeat, what is needed is not money, but trained specialists who can ensure adaptation or change of job duties, schedule and working conditions to the individual capabilities of a particular disabled person.
Another big problem is the following: who will create these special working conditions for disabled people? The Law “On Social Protection of Disabled Persons in the Russian Federation” states in Article 23 that the employer creates working conditions for disabled people in accordance with the Individual Rehabilitation Program. So it turns out that the employer himself should do this? But he is not a specialist in the field of creating special conditions for people with disabilities and cannot foresee all the nuances that are associated with the employment process. Perhaps they should be written down in the disabled person’s IPR and the employer should simply follow what is written on the card and create working conditions in accordance with the recommendations of the “professional rehabilitation” section? But the practice of creating an Individual Rehabilitation Program shows that this is almost impossible to do. In addition, all of the above indicates that the creation of special working conditions for a person with disabilities in isolation from the specific workplace and vacancy for which he is applying is impossible.
Employees of the state federal employment service are also not involved in creating special working conditions for people with disabilities. This is dictated by the following reasons:
1) The lack of appropriate state programs to create special working conditions for people with disabilities, and if there are no programs, then there are no specialists on this issue.
2) The lack of methodological materials, as well as training and retraining programs for employment service employees, aimed at more effective work with the individual needs of people with disabilities during their employment.
All of these problems do not allow us to effectively employ people with disabilities, who, due to their limitations, require the creation of special working conditions. And until the current situation is changed, and a new system for ensuring the employment of these individuals is created and implemented, it is difficult to count on at least some progress in this process. And the questions - who and how will ensure the creation of special working conditions for people with disabilities within the framework of the current situation in the Russian Federation, unfortunately, still remain unanswered.

Question from Irina.

Having carried out a special assessment of working conditions at the loader’s workplace (involved in loading garbage into a machine during sanitary cleaning of the private sector), the place was assessed with a final class of 3.2 for the severity of the labor process. In the recommendations for the selection of workers, the possibility of using labor: (in the special assessment card) disabled people were indicated - no - SP 2.2.9.2510-09, clause 4.2.

The organization employs several disabled people at this workplace, but they were accepted in accordance with their individual rehabilitation programs, i.e. they are contraindicated in work associated with neuropsychic stress, with the need for quick decision-making, calculations, financial responsibility, and are recommended to work in the administrative and economic sphere as an auxiliary worker, janitor, loader.

What to do in this situation, should the organization fire these disabled people?

Reply for Irina.

Greetings!

If I were you, I would write an official letter addressed to the examination institution that issued the individual rehabilitation program with a request to clarify whether the employee can perform the work taking into account clause 4.3. SP 2.2.9.2510-09 or not.

pay attention to clause 4.3. SP 2.2.9.2510-09, working conditions must comply with the rehabilitation program for disabled people!

Resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 No. 30 “On approval of SP 2.2.9.2510-09” (together with “SP 2.2.9.2510-09. Hygienic requirements for working conditions for disabled people. Sanitary rules”)

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 worker’s body and/or his offspring, and working conditions, the impact of which during a work shift (or part thereof) poses a threat to life, 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 (dust, gas contamination of the air in the working area);
— biological factors (pathogenic microorganisms and their metabolic products);
- physical, dynamic and static loads when lifting and moving, holding heavy objects, working in uncomfortable forced positions, long walking;
- neuropsychic stress (sensory, emotional, intellectual stress, monotony, night shift work, long working hours).
4.3. Working conditions in the workplace for disabled people must comply with the Individual Rehabilitation Program for a disabled person, developed by the Bureau of Medical and Social Expertise.

We will be grateful if you give feedback (leave a comment) on the results of resolving this issue.

Russian labor legislation regulating the work of people with disabilities contains a whole list of requirements and conditions designed to serve the rehabilitation of people with disabilities. The employer must navigate these requirements so as not to violate the rights of its disabled employees and create comfortable working conditions for them.

Quotas for disabled people at the enterprise

The first thing an employer in a large organization should remember is that there is a legal requirement for quotas for hiring people with disabilities. Article 21 of the Federal Law of November 24, 1995 No. 181-FZ “On Social Protection of Disabled Persons in the Russian Federation” (hereinafter referred to as Law No. 181-FZ) establishes that organizations with more than 100 employees are subject to a quota for hiring disabled people as a percentage of the average number of employees is not less than 2% and not more than 4%. Only public associations of disabled people and organizations formed by them, the authorized capital of which consists of the contribution of a public association of disabled people, are exempt from quotas.

Specific parameters of quotas, within the limits established by federal legislation, are established in the legislation of each subject of the Russian Federation. Thus, in Moscow, these parameters are enshrined in the Moscow Law of December 22, 2004 No. 90 “On job quotas.”

Article 3 of Law No. 181-FZ establishes a quota of 2% for the employment of people with disabilities for employers operating in Moscow, whose average number of employees is more than 100 people. According to paragraph 3 of Art. 2 of Law No. 181-FZ, the fulfillment of the quota for disabled people is considered to be the employment by an employer of disabled people who have recommendations for work. Employment must be confirmed by the conclusion of an employment contract, which was valid for at least 15 days in the current month.

At the same time, according to Art. 2.2 of the Code of the City of Moscow on Administrative Offences, failure by the employer to fulfill the obligation to allocate quota jobs entails the imposition of an administrative fine on officials in the amount of 3,000 to 5,000 rubles, on legal entities - from 30,000 to 50,000 rubles.

Documents confirming the employee's disability

Only the employment of employees whose disability is documented is considered to be fulfilled by the employer of quotas for the employment of disabled people. At the same time, the employer’s obligation to provide a disabled employee with the benefits and compensation provided for by law arises only from the moment he learned about his employee’s disability. An employer can obtain this information both when hiring a new employee and during the employee’s performance of his or her job duties.

The Labor Code prohibits requiring from a person applying for a job documents other than those provided for by the Labor Code of the Russian Federation and the laws and regulations adopted in accordance with it. Article 65 of the Labor Code of the Russian Federation establishes an exhaustive list of documents presented by an employee when concluding an employment contract. There are no documents confirming the employee’s disability, if any, in this list.

In some cases, federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract. Currently, there are no federal laws, no decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation that would require a person applying for a job to submit documents confirming the presence or absence of a disability.

From this we can conclude that declaring one’s disability is a right, not an obligation, of an employee. Information about an employee’s disability is documented by presenting the following documents to the employer:

Medical and social examination certificates (form No. 1503004, approved by Decree of the Ministry of Labor of Russia dated March 30, 2004 No. 41);

Individual rehabilitation program for a disabled person (IPR) (sample IPR form approved by Order of the Ministry of Health and Social Development of Russia dated August 4, 2008 No. 379n).

These documents contain mandatory data for the employer on the restrictions on work required for the employee.

Articles 69 and 212 of the Labor Code of the Russian Federation, as well as some federal laws, provide for the obligation of the employer to conduct mandatory medical examinations of certain categories of workers, in particular those employed in heavy work, in the food industry, in medical and preventive institutions and children's institutions. During such examinations, signs may be identified that indicate the employee’s disability. However, during a medical examination, the employee’s disability cannot be established - the employee can only be sent for a medical and social examination in order to establish disability.

Paragraphs 1 and 2 of the rules approved by Decree of the Government of the Russian Federation of February 20, 2006 No. 95 “On the procedure and conditions for recognizing a person as disabled” stipulate that the determination of disability is carried out by federal state institutions of medical and social examination: the Federal Bureau of Medical and Social Examination, the main bureaus of medical -social examination, as well as bureaus of medical and social examination, which are branches of the main bureaus. Recognition of a citizen as disabled is carried out only during a medical and social examination.

According to clauses 15 and 16 of these rules, a citizen can be referred for a medical and social examination by an organization providing medical and preventive care, regardless of its organizational and legal form. An organization providing treatment and preventive care refers a citizen to a medical and social examination after carrying out the necessary diagnostic, therapeutic and rehabilitation measures if there is data confirming a persistent violation of body functions.

In a referral for a medical and social examination, data on the citizen’s health status are indicated, reflecting the degree of dysfunction of organs and systems, the state of the body’s compensatory capabilities, as well as the results of the rehabilitation measures taken. The form of such a referral was approved by Order of the Ministry of Health and Social Development of Russia dated January 31, 2007 No. 77 “On approval of the form of referral for medical and social examination by an organization providing medical and preventive care.”

By the way
The importance of documenting an employee’s disability is also determined by the following circumstance: if an employer provides a disabled employee with benefits and compensation provided for by law without documenting the employee’s disability, this may be regarded by the tax authorities as an understatement of the tax base by reducing income by the amount not documented expenses. Article 252 of the Tax Code of the Russian Federation requires documentary confirmation of any taxpayer's expenses, and failure to comply with this requirement does not allow even the costs of paying compensation for a disabled employee to be included in the employer's expenses.

General benefits for a disabled employee

The main legislative requirements for organizing the work of people with disabilities, as mentioned above, are contained in the Labor Code and Law No. 181-FZ. The following benefits and compensations are established for disabled people:

Working hours are no more than 35 hours per week (Article 92 of the Labor Code of the Russian Federation);

The duration of the daily shift in accordance with the medical report (Article 94 of the Labor Code of the Russian Federation);

Involvement in work at night (from 22 o'clock to 6 o'clock), overtime, on weekends and holidays is permitted only with the written consent of the disabled employee and only if he is not prohibited from doing so for health reasons in accordance with a medical certificate ( Articles 96, 99, 113 of the Labor Code of the Russian Federation and Article 23 of Law No. 181-FZ). In this case, the employee must be informed, upon signature, of his right to refuse overtime work, work on holidays and weekends;

Annual paid leave of at least 30 calendar days (Article 23 of Law No. 181-FZ).

Leave without pay at the request of the employee up to 60 calendar days per year (Article 128 of the Labor Code of the Russian Federation).

In addition, according to Art. 179 of the Labor Code of the Russian Federation, in the event of a reduction in the number or staff of workers, with equal labor productivity and qualifications, preference is given to disabled people of the Great Patriotic War and disabled people from combat operations in defense of the Fatherland.

For violation of these requirements in accordance with Art. 5.27 of the Code of the Russian Federation on Administrative Offenses, a fine in the amount of 1,000 to 5,000 rubles may be imposed on officials, and on legal entities - from 30,000 to 50,000 rubles. Moreover, instead of paying a fine, legal entities may be subject to administrative suspension of their activities for up to 90 days.

Hygienic and individual requirements for working conditions for disabled people

Hygienic requirements for working conditions for disabled people are established by SP 2.2.9.2510-09, approved by Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 No. 30. This document contains general requirements for the specifics of organizing a workplace for disabled people, depending on the disease that caused the disability.

In particular, sub. 4.1 SP 2.2.9.2510-09 stipulates that the design and equipping of special workplaces for disabled people should be carried out taking into account the profession, the nature of the work performed, the degree of disability, the nature of functional impairments and limitations in the ability to work, the level of specialization of the workplace, mechanization and automation of production process.

However, these sanitary rules contain many evaluative and reference standards 1.1.1058-01, which makes it extremely difficult to use them as a document of direct effect. Paragraph 1 establishes the mandatory nature of the requirements of SP 2.2.9.2510-09 for the employer, but it contains only certain qualitative and quantitative requirements for organizing the workplace for disabled people. In this regard, SP 2.2.9.2510-09 can be considered primarily as an employer’s memo containing a list of key elements of organizing the work of people with disabilities and not specifying the parameters of these elements that need to be established for workers with disabilities.

Article 32 of the Federal Law of March 30, 1999 No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population” places the responsibility on the employer to exercise production control over compliance with sanitary rules when carrying out production activities. This responsibility is implemented in the manner prescribed by SP 1.1.1058-01 “Organization and conduct of production control over compliance with sanitary rules”, approved by Resolution of the Chief State Sanitary Inspector of the Russian Federation dated July 13, 2001 No. 18.

Subclause 3.4 of SP 2.2.9.2510-09, control functions to determine the compliance of working conditions of persons with reduced working capacity with sanitary legislation are carried out by organizations and institutions of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

Article 224 of the Labor Code of the Russian Federation and Art. 23 of Law No. 181-FZ, the employer is obliged to create working conditions for employees with reduced working capacity in accordance with the IPR.

The concept of IPR is given in Art. 11 of Law No. 181-FZ. This is a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for a disabled person’s ability to perform certain types of activities. activities. The IPR form was approved by order of the Ministry of Health and Social Development of Russia dated August 4, 2008 No. 379n.

The IPR is mandatory for the employer and a recommendation for the disabled person. Thus, a disabled person has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.

It is the relations associated with IPR that seem to be the most risky element in the system of ensuring the labor rights of people with disabilities. Based on this document, an employee with disabilities is not only provided with the necessary conditions in the workplace, but also provided with the above benefits provided for in Art. 94, 96, 99 and 113 of the Labor Code of the Russian Federation. However, in Art. 11 of Law No. 181-FZ stipulates that the refusal of a disabled person to implement the IPR as a whole or to implement its individual parts releases the employer from responsibility for its implementation.

Taking into account the degree of law-abiding behavior of a significant part of employers, it can be assumed that a refusal of IPR may appear as an unspoken condition for hiring or continuing to work for a disabled person in a number of enterprises. The most convenient situation for an unscrupulous employer is when employees do not inform him about their disability at all. However, even if for one reason or another the employer is still forced to find out about the employee’s disability (for example, it is obvious even during a visual examination or quotas required by law need to be filled), such an employee’s refusal of the IPR will save the employer from unnecessary costs of ensuring the employee’s work with limited physical abilities.

Currently, the mechanism for communicating information about an employee’s disability to the employer is not established by law. The employee is not obliged to provide the employer with information about his health, which means that the employer is not obliged to be aware of the presence of disabilities in a particular employee. In these conditions, it is impossible to talk about the unconditional obligations of the employer to create special working conditions for disabled people, especially since there remains wide scope for forcing the employee to “voluntarily” conceal his own disability or “voluntarily” refuse IPR. When an employer does not actually respect the labor rights of a disabled employee, the latter can only apply for protection of his rights to the Federal Service for Labor and Employment or the prosecutor's office in accordance with Art. 353 Labor Code of the Russian Federation.

CHIEF STATE SANITARY DOCTOR OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of SP 2.2.9.2510-09

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Document with changes made:
Resolution of the Chief State Sanitary Doctor of the Russian Federation dated 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 welfare of the population” (Collected Legislation of the Russian Federation, 1999, N 14, Art. 1650; 2002, N 1 (Part 1), Art. 1; 2003, N 2, art. 167; N 27 (part 1), art. 2700; 2004, N 35, art. 3607; 2005, N 19, art. 1752; 2006, N 1, art. 10, N 52 (Part 1), Article 5498; 2007, No. 1 (Part 1), Article 21; No. 1 (Part 1), Article 29; No. 27, Article 3213; No. 46, Article 5554; N 49, art. 6070; 2008, N 24, art. 2801; N 29 (part 1), art. 3418; N 30 (part 2), art. 3616; N 44, art. 4984; N 52 ( Part 1), Art. 6223; 2009, No. 1, Art. 17 and Decree of the Government of the Russian Federation dated 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 Standardization” ( 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 decree:

1. Approve sanitary rules SP 2.2.9.2510-09 “Hygienic requirements for working conditions for disabled people” (appendix).

G.G.Onishchenko

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

Application. Hygienic requirements for working conditions for disabled people

Application

APPROVED
by resolution of the Chief 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. The sanitary rules “Hygienic requirements for working conditions for disabled people” (hereinafter referred to as sanitary rules) establish the necessary requirements for sanitary and epidemiological safety and health preservation in the workplace for disabled people, taking into account the degree of risk of harm.

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

1.3. Sanitary rules apply to all sectors 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 determine the rights and obligations of participants in the 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 people in production conditions, to create hygienically safe working conditions taking into account the anatomical and physiological characteristics of their body, to preserve 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 regulations are based on the principle of equality of opportunity for disabled people and workers in general and regulate the observance of equality of treatment and opportunity for men and women workers who are disabled.

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

3. Sanitary and epidemiological requirements for the working conditions and regimes of disabled people

3.1. The professional selection of disabled people is based on classifications of disorders 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 its form of ownership, employing the labor of disabled people, implementing a set of measures for professional and social rehabilitation, providing medical care for disabled people in production, producing consumer goods, goods for industrial and technical purposes, where the total number of employees is at least 15 Human.

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

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

- professional guidance;

- professional education;

- professional, industrial adaptation and employment placement;

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

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

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

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

3.5. The employer provides:

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

3.5.2. selection of special technological processes and products taking into account the use of work 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, and, if necessary, equipping a disabled person’s workplace on an individual basis;

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

3.5.5. organization of medical supervision of disabled people in production and monitoring of compliance with sanitary and hygienic conditions in production and non-production premises;

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

3.5.7. production control over compliance with sanitary rules and hygienic standards;

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

3.5.9. taking the necessary measures in the event of emergencies and industrial accidents, including appropriate first aid measures.

3.6. When employing disabled people, the requirements of the nature and working conditions correspond to the functional capabilities of the body, qualifications, and the degree of preservation of professional skills. It is preferable to maintain a profession with a light work schedule.

3.7. Specific measures to make work easier are carried out by the employer based on 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 disabled people must be carried out taking into account the profession, the nature of the work performed, the degree of disability, the nature of functional impairments and limitations in 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 disabled people, one should be guided by the current legislation of the Russian Federation.

A special workplace for a disabled person must ensure labor safety, work with minor or moderate physical, dynamic and static, intellectual, sensory, emotional stress, and exclude the possibility of deterioration of health or injury to the 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 worker’s body and/or his offspring and working conditions, the impact of which during a work shift (or part thereof) 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, air pollution in the working area);

biological factors (pathogenic microorganisms and their metabolic products);

physical, dynamic and static loads when lifting and moving, holding heavy objects, working in uncomfortable forced positions, long walking;

neuropsychic stress (sensory, emotional, intellectual stress, monotony, night shift work, long working hours).

4.3. Working conditions in the workplace for disabled people must comply with the Individual Rehabilitation Program for a disabled person, developed by the Bureau of Medical and Social Expertise.

The indicated working conditions for the employment of disabled people are:

optimal and acceptable 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 ability to change body position, in some cases - standing or with the ability to walk;

a workplace that meets ergonomic requirements;

work not associated with significant movements (transitions).

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

The arrangement of machines, equipment and furniture in a workplace intended for the work of a disabled person who uses a wheelchair for movement must provide the ability for a wheelchair to approach and turn around, and in the workplace of a blind and visually impaired person - the ability to work without interference from the movements of other workers in the premises. In order for a blind worker to conveniently find his/her workplace, machines, equipment or furniture must be equipped with tactile landmarks. Office equipment for workplaces for disabled people (desks, workbenches, shelving, cabinets) must correspond to the anthropometric data of the performer (Table 1).

Table 1


Parameters and working position, mm	Man's height

Desk height for normal sitting work
Table height for particularly precise work when working while sitting
Height of the working surface for working on machines and machines when working while sitting
Height of the working surface for working on machines and machines when working while standing
The height of the working surface when working, where it is possible to change the working position - sitting or standing

Note. The height for the feet from the floor mark to the bottom surface of the table is 600-625 mm, the width of the foot area is 400 mm

4.5. Certain elements of equipment and furniture in the workplaces of disabled people with lesions of the musculoskeletal system must be transformable. The desktop should, as a rule, have a variable height and inclination of the working surface, as well as an adjustable footrest. A work chair for disabled people 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 compensation for the effort when standing up, a device for working tools, a device for moving along the working plane along a guide, as well as through electromechanical autonomous devices.

4.6. A special workplace for a disabled person must have basic and auxiliary equipment, technical and organizational equipment that ensures the implementation of ergonomic principles when organizing workplaces for disabled people and takes into account the individual capabilities and limitations of specific individuals. It is advisable to use specially comprehensively designed workplaces for disabled people for various specialties, including a work table, 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 extremities, subject to a fixed body position.

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

anatomical and morphological characteristics of the motor system;

capabilities for recognizing equipment controls, objects of labor, and tools;

accuracy, speed and amplitude of movements when performing control actions;

possibilities for grasping and moving tools, objects of labor (fingers, hand, whole arm, foot, including using prostheses and working attachments on them);

magnitudes of efforts developed during the implementation of control actions.

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

the use of special devices for operating and servicing equipment that compensate for the anatomical, morphological and physiological deficiencies and limitations of disabled people;

the use of specially designed hand tools, the shape, size and resistance value of the drive elements of which ensure reliable grip and effective use;

location of equipment controls, technological or organizational equipment, processed parts at the workplace within the reach zones 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 that have a reliable fixation to adjust the height of the working surface of the table and elements of the work chair;

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

equipping equipment and furniture in the workplace with indicators (visual, acoustic, tactile), taking into account the capabilities and limitations of certain groups of disabled people (blind, visually impaired, deaf) in perceiving information for the unhindered finding of their workplace and performance of work.
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In the field of labor relations, legislation provides the following guarantees for people with disabilities:

Reduced working hours for workers 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 referred to as 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 unpaid leave of up to 60 calendar days per year (Article 23 of the Federal Law “On 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 need to take into account that the provisions of Art. 224 of the Labor Code of the Russian Federation oblige the employer to create working conditions for disabled people in accordance with the 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 their involvement in heavy work, work with harmful and (or) dangerous working conditions, work at night, as well as overtime work.

Restrictions on the involvement of disabled people in certain types of work are established in Sanitary Rules 2.2.9.2510-09 “Hygienic requirements for working conditions for disabled people” (approved by Resolution 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 disabled people are prohibited from working. This paragraph states that 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 thereof) creates 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 (dust, air pollution in the working area);

Biological factors (pathogenic microorganisms and their metabolic products);

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

Neuropsychic stress (sensory, emotional, intellectual stress, monotony, night shift work, long working hours).

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

Optimal and acceptable 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 activity;

Work mainly in a free position, sitting, with the ability to change body position, in some cases - standing or with the ability to walk;

A workplace that meets ergonomic requirements;

Work that does not involve significant movements (transitions).

Consequently, the employer does not have the right to offer you a job associated with harmful production factors that exceed hygienic standards.

It is necessary to take into account that when applying for a job with certain specifics (for example, for heavy work and work with harmful and (or) dangerous working conditions), the applicant is required to undergo a preliminary medical examination and submit a document on his state of health (Article 213 of the Labor Code of the Russian Federation ). If you refuse a medical examination or if you receive a medical report that this work is contraindicated for the employee due to 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, 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 work, during the performance of which mandatory preliminary and periodic medical examinations are carried out ( examinations), and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy 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 workers are carried out (Appendix No. 2). Moreover, for each type of work for which mandatory medical examinations are established, the specified list defines additional medical contraindications.

In addition, to engage in teaching activities, it is necessary to take into account Art. 331 Labor Code of the Russian Federation. According to this article, persons with diseases included in the list approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of healthcare are not allowed to engage in teaching activities.

To date, the list of diseases in the presence of which it is prohibited to carry out teaching activities has not been adopted, therefore, when admitting a person to engage in teaching 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 of December 1, 2004 No. 715 (Kurevina L.V. The main responsibilities of the employer in the field of labor protection // Human Resources Department of a commercial organization. 2011. No. 11. P. 51 - 62.).

Applications:

1) Hygienic requirements for working conditions for disabled people.

2) List of diseases that pose a danger to others.

3) List of works during the performance of which mandatory preliminary and periodic medical examinations (examinations) of workers are carried out.