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It is registered

Ministry of Justice

Russian Federation 

On December 24, 2020 No. 61788

ORDER OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

of December 7, 2020 No. 866n

About approval of Rules on labor protection in case of production of separate types of food products

According to article 209 of the Labor Code of the Russian Federation (Russian Federation Code, 2002, No. 1, Art. 3; 2013, No. 52, the Art. 6986) and subitem 5.2.28 of the Regulations on the Ministry of Labour and Social Protection of the Russian Federation approved by the order of the Government of the Russian Federation of June 19, 2012 No. 610 (The Russian Federation Code, 2012, to No. 26, of the Art. 3528), I order:

1. Approve Rules on labor protection in case of production of separate types of food products according to appendix.

2. Recognize invalid:

the order of the Ministry of Labour and Social Protection of the Russian Federation of August 17, 2015 No. 550n "About approval of Rules on labor protection in case of production of separate types of food products" (registration No. 40373) is registered by the Ministry of Justice of the Russian Federation on December 30, 2015;

the order of the Ministry of Labour and Social Protection of the Russian Federation of January 23, 2019 No. 32n "About modification of the Rules on labor protection in case of production of separate types of the food industry approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of August 17, 2015 No. 550n" (registration No. 53805) is registered by the Ministry of Justice of the Russian Federation on February 14, 2019.

3. This order becomes effective since January 1, 2021 and is effective till December 31, 2025.

Minister

A. O. Kotyakov

Appendix

To the order of the Ministry of Labour and Social Protection of the Russian Federation of December 7, 2020 No. 866n

Rules on labor protection in case of production of separate types of food products

I. General provisions

1. Rules on labor protection in case of production of separate types of food products (further - Rules) establish the state normative requirements of labor protection under the organization and carrying out the basic processes and works connected with production bakery and pasta, baker's yeast, sugar, treacle, confectionery, food concentrates, starch, fruit and vegetable products, juice, alcoholic and nonalcoholic, dairy, meat and fat-and-oil products (further - production of food products).

Requirements of Rules are obligatory for execution by employers - legal entities irrespective of their forms of business and physical persons (except for employers - the physical persons who are not individual entrepreneurs) under the organization and implementation of production of food products by them.

2. On the basis of Rules and requirements of technical documentation of the organization manufacturer of the processing equipment used in case of production of food products (further - the organization manufacturer), the employer develops instructions for labor protection for professions and (or) types of the performed works which affirm the local regulation of the employer taking into account opinion of the relevant trade-union organ or other representative employees of representative body (in the presence).

3. In case of application of methods of work, materials, the industrial equipment and the equipment, performance of works, the requirement to safe application and to which accomplishment are not provided by Rules it is necessary to be guided by requirements of the corresponding regulatory legal acts containing the state normative requirements of labor protection and requirements of technical documentation of the organization manufacturer.

4. The employer depending on specifics of the activities and proceeding from assessment of level of professional risk has the right:

1) to establish additional requirements of safety in case of performance of works, connected with production of food products, not contradicting Rules. Requirements of labor protection shall contain in the corresponding instructions for labor protection, be led up to the worker in the form of orders, instructions, instructing;

2) for the purpose of control of safe works to use the devices, devices, the equipment and (or) complex (system) of devices, devices, the equipment providing remote video, audio-or other fixing of production processes of works.

5. When implementing production processes of food products (further - production processes) on workers impact of harmful and (or) dangerous production factors is possible, including:

moving machines and mechanisms, mobile parts of production equipment, the moving products, procurements, materials;

the increased dust content and gas contamination of air of the working area;

the increased or lowered temperature of surfaces of the equipment, materials;

the increased or lowered air temperature of the working area;

raised temperatures of milk, water and vapor;

the increased noise level on workplace;

the increased vibration level;

the increased or lowered humidity of air;

absence or lack of natural lighting;

insufficient illumination of the working area;

sharp edges, agnails and roughness on the surfaces of procurements, the tool and equipment;

physical and psychological overworks;

the increased value of tension in electric chain which short circuit can happen through body of the person;

the increased level of static electricity;

the increased level of ultra-violet radiation;

the increased level of infrared radiation;

the toxic and irritating chemicals, pathogenic microorganisms and products of their activity, and also parasites activators of infectious and invasive diseases, general for animals and the person;

workplace arrangement at considerable height concerning the Earth's surface (floor).

6. Under the organization of the production processes connected with possible impact on workers of harmful and (or) dangerous production factors, the employer shall take measures for their exception or decrease to the admissible levels of impact established by requirements of the corresponding regulatory legal acts.

7. The employer shall provide:

1) production of food products according to requirements of Rules, other regulatory legal acts containing the state normative requirements of labor protection, and technical documentation of the organization manufacturer;

2) training of workers in labor protection and examination of requirements of labor protection;

3) control of observance by workers of requirements of instructions for labor protection.

8. Under the organization of performance of works, connected with impact on workers of harmful and (or) dangerous production factors, the employer shall take measures for their exception or decrease to the levels of admissible impact established by requirements of the corresponding regulatory legal acts.

In case of impossibility of exception or decrease in levels of harmful and (or) dangerous production factors to levels of admissible impact in connection with nature and conditions of production process work without providing workers with appropriate means of individual and (or) collective protection is forbidden.

9. The possibility of conducting document flow in the field of labor protection in electronic form with use of the digital signature or any other method allowing to identify the identity of the worker, in accordance with the legislation of the Russian Federation is allowed.

II. The general requirements of labor protection imposed to the organization of work (production processes)

10. In case of execution of an employment agreement the employer shall provide informing workers on the individual protection equipment relying them (further - SIZ), and workers shall apply SIZ issued to them correctly.

The choice of means of collective protection is made taking into account safety requirements for specific work types.

11. Work-rest schedules of workers, special breaks for heating and rest are established by employment policies and procedures and other local regulations of the employer according to the labor law.

Or in the closed not warmed rooms, special breaks for heating and rest which join in working hours shall be provided to the workers working in cold season in the open air. The employer shall provide the equipment of rooms for heating and rest of workers.

12. By the employer sanitary and household rooms, rooms for meal, rooms for delivery of health care, rooms for rest in working hours and psychological unloading shall be equipped, sanitary posts with the first-aid kits completed with set of medicines and medicines for first-aid treatment to workers are created devices (devices) for providing workers of hot shops and sites with the aerated salty water are established.

13. The worker shall inform the direct or higher head on each labor accident, violations of instructions for labor protection, defects of the equipment, tool, devices and means of individual and collective protection noticed by it.

Work with the defective equipment, the tool and devices, and also means of individual and collective protection forbid.

III. Requirements of labor protection imposed to the organization of production processes

14. Actions for the organization and safe implementation of production processes shall be directed on:

1) elimination of direct contact of workers with the initial materials, procurements, semifinished products, finished goods and production wastes making harmful effects on workers;

2) replacement of production processes and transactions with harmful and (or) dangerous production factors with processes and transactions in case of which the specified factors are absent or levels of their impact do not exceed the admissible levels established by requirements of the corresponding regulatory legal acts;

3) mechanization and automation of production processes, application of remote control of transactions and production processes with harmful and (or) dangerous production factors;

4) sealing of the equipment;

5) timely removal and neutralization of the production waste which are source of harmful and (or) dangerous production factors;

6) timely receipt of information on emergence of dangerous situations on separate technological transactions;

7) the management of production processes providing protection of workers and emergency shutdown of the equipment;

8) rational labor organization and rest of workers.

15. In each business entity performing activities for production of food products, with the employer availability of operational documentation on the processing equipment used in production processes including manufactured directly in the business entity providing measures for exception of emergence of dangerous situations in case of operation of processing equipment and to safety of workers shall be provided.

16. When using in production process of new initial substances and materials workers shall be trained in work with these substances and materials and are provided with the relevant SIZ.

17. Production processes in case of which extremely dangerous and highly dangerous substances are applied or formed shall be performed by the continuous, closed cycle using complex automation and the maximum exception of manual transactions.

18. When implementing explosive production processes the automatic systems of antiemergency protection preventing formation of the explosive environment both other emergencies and providing transfer of production processes to safe condition or stop of production processes in case of excess of the maximum permissible parameters set by production schedules shall be provided.

19. Danger areas of performance of works on production of food products shall be protected or designated.

The design of the processing equipment used in case of production of food products shall provide finding of workers from outer side of protective devices.

20. Works of the increased danger shall be performed according to the work permit on works of the increased danger (further - the work permit) which is drawn up by the officials authorized by the employer.

The work permit determines content, the place, time and conditions of production of works of the increased danger, necessary security measures, structure of crew and the workers responsible for the organization and safe works.

The recommended sample of the work permit is provided by appendix to Rules.

21. Procedure for works of the increased danger, execution of the work permit and obligation of the workers responsible for the organization and safe works are established by the local regulation of the employer.

22. The work permit is issued for the term necessary for accomplishment of the set amount of works. In case of origin in production process of works of the harmful and (or) dangerous production factors which are not provided by the work permit, works shall be stopped, the work permit is cancelled. Works shall be resumed after issue of the new work permit.

The authorized officers which issued the work permit shall exercise control over the implementation of the actions for ensuring safe works provided in it.

23. The drawn-up and issued work permits are registered in the magazine in which it is recommended to reflect the following data:

1) name of division;

2) number of the work permit;

3) date of issue;

4) short description of works;

5) the term for which the work permit is issued;

6) the surnames and initials of the officials who issued and received the work permit, certified by their signatures with indication of date;

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