It would seem that soap and various disinfectants are a trifle in comparison with other issues of conducting the economic activities of an enterprise. However, the labor inspectorate may impose a fine on the company's management if the personnel documents do not mention the standard for issuing soap to employees. This year, it has become easier to understand the procedure for issuing soap due to the fact that regulations have appeared regulating the procedure for providing soap to employees. We invite you to understand the innovations and also consider the issues of justifying the issuance of soap, reflecting the costs of its purchase, as well as the right of certain categories of workers to receive skin protection products.
Standard for issuing soap to employees
Issues related to the mandatory provision of soap and disinfectants to certain categories of employees are regulated by Order of the Ministry of Health of the Russian Federation dated December 17, 2010 No. 1122n. This document was recently amended in accordance with Order of the Ministry of Labor of the Russian Federation dated November 23, 2017 No. 805n, which entered into force on June 12, 2022.
Before this Order came into force (i.e. until 06/11/2022 inclusive), in the text of an individual employment contract with an employee dealing with harmful factors of production, it was necessary, among other things, to also prescribe the norm for issuing flushing and neutralizing agents to this employee ( or dermatological personal protective equipment - DSPE) based on the requirements of clause 9 of Appendix No. 2 to Order of the Ministry of Labor of the Russian Federation No. 1122n.
At present, it is not necessary to prescribe such a clause in the contract - the norm for issuing soap to employees can be enshrined in the internal act of the company
(see subparagraph “a”, paragraph 1 of Order No. 805n). In this case, it is necessary to familiarize the staff with the approved standards (you can choose any method - written notification, electronic message - the main thing is that the management has confirmation of the fact that the employees were familiar with the established standards).
As before, the issuance of dermatological personal protective equipment must be reflected in the employee’s personal card against his/her signature. But after amendments are made to the Order of the Ministry of Health of the Russian Federation, in some cases this action may not be carried out. Thus, the issuance of soap and other products may not be recorded in a personal card if the staff encounters contamination that can be easily eliminated.
The company distributes soap and disinfectants after the results of a special assessment of working conditions become known. In this case, the Standard Standards, which are approved by Order No. 1122, are taken into account.
Important!
In the event that a special assessment has not yet been carried out at the enterprise, and the personnel perform job duties named in the text of the Standard Standards of Order No. 1122, the employees must be provided with flushing and neutralizing means. Otherwise, the situation of workers will worsen when compared with legal norms (see Letter of the Ministry of Labor of the Russian Federation dated April 29, 2016 No. 15-2/OOG-1698).
Washing and neutralizing agents
In order to protect workers from the effects of negative production factors, the employer is charged with an additional obligation - to provide flushing and neutralizing agents (Article 221 of the Labor Code of the Russian Federation).
The volume of distribution of flushing and neutralizing agents to employees is determined by Order of the Ministry of Health and Social Development dated December 17, 2010 No. 1122n.
And it is worth noting that the issuance of flushing and neutralizing agents (W&D) “falls on the shoulders” of the employer. He must purchase them at his own expense (clause 3 of Order No. 1122n).
Moreover, an important fact that is worth paying attention to and keeping in mind at the time of purchasing a SIS is that they all must have a security certificate (clause 8 of Order No. 1122n).
And if you cannot provide a certificate during an inspection by the labor inspectorate, the inspector has the right to include this violation in the order and protocol.
You can insist that the violation is insignificant and demand administrative liability in the form of a warning, but nevertheless, the likelihood of a fine remains and it is the same as in the case if workers are not provided with flushing and neutralizing means.
Employer's liability
Fines for non-compliance with legal requirements regarding labor protection are significant for the budget of even a large company, let alone small LLCs and individual entrepreneurs.
Moreover, for violating the distribution of flushing and neutralizing agents, the fine will be even greater than if you do not conduct a medical examination.
And in this case, the employer faces administrative liability in the amount of: (Part 4 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):
- from 20,000 to 30,000 rubles for an official and individual entrepreneur;
- from 130,000 to 150,000 rubles per legal entity.
And from personal observations and based on my practice and colleagues, I can say that many, even large companies, do not fully issue and document this seemingly simple obligation.
And to do this, it’s worth figuring out what’s what and taking the necessary steps to avoid troubles in the future.
Organization of accounting for the issuance of soap and disinfectants
If a company organizes the accounting of dermatological personal protective equipment on its own, it is necessary to take into account the norms of current legislation and the following circumstances:
- Order No. 805n abolished the obligation of managers to record the distribution of soap to employees in personal accounting cards in cases where employees are engaged in work with easily washable contaminants.
- In accounting, soap and other similar products are inventories and are subject to accounting according to established inventory accounting standards, without any special features.
- A sample of a personal soap accounting card can be found in the appendix to Order No. 1122n.
- The company must approve a list of professions whose employees should receive soap and disinfectants. The list can be drawn up by order as an annex to the collective agreement.
- It makes sense to develop a standard for issuing personal protective equipment for production areas and approve standards for controlling consumption in the company's divisions. On the back of the document there should be a list of soap dispensed to the site - the signature of the responsible person will be affixed here.
The procedure for issuing flushing and neutralizing agents
It is worth considering the procedure for issuing flushing and neutralizing agents, starting with the employment contract. Previously, it was mandatory to enter into the TD information about the standard for issuing SES to the employee.
From July 12, 2022, this requirement is not mandatory, but provided that you have developed standards for issuing flushing and neutralizing agents and the employee is familiar with them before being hired and signed (Order of the Ministry of Labor No. 805n dated November 23, 2017).
Norms for issuing flushing and neutralizing agents
In order for the employee who is provided with flushing and neutralizing agents to know who to give what to, it is necessary to develop standards for the profession.
In which the positions, the name of the funds and the amount issued per month and per year are indicated.
Sample standards for issuing flushing and neutralizing agents
, which presents the standards for issuing flushing and neutralizing agents, you can follow the link.
This list should be put into effect by order of the organization and it should also indicate those responsible for issuance, acquisition and control.
In order not to produce more documents, the same order for the organization can put into effect a regulation on the issuance of SIS, which already outlines in detail the procedure for acquiring and providing employees, issuing and using flushing and neutralizing agents.
Sample order for the issuance of flushing and neutralizing agents
You can order and dispense instructions for flushing and neutralizing agents by following the link.
Dispensing products for easily washed off stains
It is worth dwelling a little on this issue separately, because before the publication of Order No. 805n, protective equipment for work associated with easily washed off contaminants was issued with registration in a personal card. Now there is no such need.
But it is mandatory to provide employees engaged in such work with cleaning agents. And in this case, it is allowed to ensure the constant availability of soap, solid or liquid, in toilets and showers, at your discretion (clause 20 of Order No. 1122n).
Dosing systems for rinsing and disinfectants
Liquid soap larger than 250 ml is usually dispensed in dispensing systems, which can be mounted in sanitary rooms and replenished as used. The employee who is assigned this responsibility by order of the organization is required to control the constant availability.
It is quite convenient and economical for large enterprises to use dosing systems not only for soap, but also for protective and regenerating cream, cleansing paste.
Personal card of flushing and neutralizing agents
SiOS must be issued monthly personally to each employee with the obligatory recording of the issue of flushing and neutralizing agents on personal cards. The card must also indicate a certificate for each product.
Sample of filling out a personal card for issuing flushing and neutralizing agents (front side)
Sample of filling out a personal card for issuing flushing and neutralizing agents (reverse side)
Check the presence of each employee’s signature, because if one of them is missing, the GIT inspector will consider that you have not provided the employee with the means of protection he is entitled to.
And it’s worth touching on several issues regarding issuance that may arise when organizing this process:
- When combining positions that require the issuance of flushing and neutralizing agents, the employee is given the funds with the highest standard (letter of the Ministry of Labor dated September 29, 2016 No. 15-2/OOG-3452).
- When an employee performs work at 0.5 times the rate, he should be given a SIOS in proportion to the time of employment, that is, if he is entitled to cream in a volume of 200 ml, then half is issued - 100 ml (letter of the Ministry of Labor dated September 29, 2016 No. 15-2 / OOG-3452).
- Office workers are also entitled to receive soap to ensure they comply with personal hygiene rules, despite the fact that they are not in the list of positions, without being recorded in their personal cards (letter of the Ministry of Labor dated August 30, 2016 No. 15-2/OOG-3095).
The topic is not complicated, but there are many small nuances; for this reason, the Ministry of Labor has prepared quite a lot of explanatory letters.
How to familiarize employees with the company’s standard for dispensing soap
When the company has drawn up a local regulatory act containing information on the norm for issuing flushing and neutralizing agents, the document must be familiarized to the employees who will be affected by the innovations. If new employees are hired by a company, they are introduced to the act during employment, before signing an employment contract.
If an employee is already employed by the company, you need to inform him about changes in the process of performing work duties (for example, when transferring to another position that involves receiving free soap).
The Labor Code of the Russian Federation contains a requirement for employees to familiarize themselves with the acts against signature - see paragraph. 10 hours 2 tbsp. 22 Labor Code of the Russian Federation. As a general rule, internal regulations of the company are brought to the attention of workers also against signature - see Art. 68 Labor Code of the Russian Federation. The employer needs to draw up a familiarization sheet and attach it to the local act - on this sheet employees will put the date of familiarization with the document and their personal signature
.
When an employee’s signature is available, the employer can always defend itself in court if the employee has any claims in the future. But it should be noted that firms were allowed to notify employees about changes in the company’s internal regulations in electronic form - by sending a message by email
. Undoubtedly, sending an electronic message is much more convenient and faster than drawing up a familiarization sheet and asking the worker to sign it. However, it should be borne in mind that it is in the case of providing soap and other means that complaints may arise from the staff - simply because cleaners and janitors rarely use the Internet in their work.
If it was decided to send a notification about the need to familiarize yourself with the standards for issuing soap by email, you should obtain evidence that the employee read the message. The supporting document may be a printout of the email that was successfully sent to the employee
, confirmation that the employee logged into the company’s internal information system using a personal login and password, etc.
Important information! We are no longer recording the issuance of soap and detergents to employees!
Greetings, dear friends! Truly good news awaits you here. Our legislators from the Russian Ministry of Labor are implementing measures according to the “road map”, which I wrote about not long ago. We are talking about the abolition of the excessive requirement in part of Order No. 1122n - also known as the Standard Standards for the free provision of flushing and/or neutralizing agents to employees, also known as the labor safety standard “Providing workers with flushing and/or neutralizing agents.”
Based on the title of this note, attentive readers correctly guessed that we are talking about the abolition of the requirement to record the issuance of soap or liquid detergents to employees, including for washing hands and bodies, in a personal card for recording the issuance of rinsing and (or) disinfectants. This is true. According to the amendments, paragraph three of paragraph 24 now reads as follows:
The issuance of flushing and (or) neutralizing agents to employees, with the exception of the products specified in paragraph 7 of the Model Standards, must be recorded against signature in a personal card for recording the issuance of flushing and (or) neutralizing agents, a sample of which is provided in the appendix to the Standard.
As you probably remember, point 7 is about soap or liquid detergents when working with easily washed off contaminants . Not to be confused with item 8, which includes solid toilet soap or liquid detergents - issued for work involving difficult to wash off, persistent contaminants: oils, lubricants, petroleum products, varnishes, paints, resins, adhesives, bitumen, fuel oil, silicone, soot, graphite, various types of industrial dust (including coal, metal), as well as when working in coal (shale) mines, in open-cast mines, in processing and briquette factories, in mine construction and mine installation organizations in the coal industry.
But this is not the only change.
We read paragraph 9 in the current version:
9. The standards for issuing flushing and (or) neutralizing agents that correspond to the working conditions at the employee’s workplace are specified in the employee’s employment contract.
We read paragraph 9 in the future edition:
Read in PRO+ a detailed analysis: New procedure for training in labor protection: instructions for use + set of documents
9. The standards for the issuance of flushing and (or) neutralizing agents that correspond to the working conditions at the employee’s workplace are specified in the employee’s employment contract or in the local regulatory act of the employer, and are brought to the attention of the employee in writing or electronically in a way that allows confirming the employee’s familiarity with these standards .
Let's draw conclusions.
Now the most important thing. All the changes described above are made by order of the Ministry of Labor of Russia dated November 23, 2017 No. 805n “On amendments to Appendix No. 2 to the order of the Ministry of Health and Social Development of the Russian Federation dated December 17, 2010 No. 1122n “On approval of standard standards for the free issuance of flushing products to employees and (or) disinfectants and the labor safety standard “Providing workers with flushing and (or) disinfectants.” Order No. 805n, as befits a normative legal act, is registered with the Ministry of Justice of Russia and published on the official Internet portal of legal information. In accordance with paragraph 2 of Order No. 805n, the changes come into force six months after official publication, i.e. June 12, 2018 .
There is still a long time until the summer of 2022, so we can slowly prepare a new version of the regulation on providing workers with flushing and disinfecting agents.
DOWNLOAD DOCUMENT
Order of the Ministry of Labor of Russia dated November 23, 2017 No. 805n “On amendments to Appendix No. 2 to the order of the Ministry of Health and Social Development of the Russian Federation dated December 17, 2010 No. 1122n
Current edition:
Standard standards for the free distribution of flushing and/or neutralizing agents to employees and the labor safety standard “Providing employees with flushing and/or neutralizing agents,” approved by Order of the Ministry of Health and Social Development of Russia dated December 17, 2010 No. 1122n
That's all.
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