ORDER OF THE MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT OF THE RUSSIAN FEDERATION

of June 1, 2009 No. 290n

About approval of Cross-industry rules of providing workers with special clothes, special footwear and other individual protection equipment

According to Item 5.2.70 of the Regulations on the Ministry of Health and Social Development of the Russian Federation approved by the order of the Government of the Russian Federation of June 30, 2004 N 321 (The Russian Federation Code, 2004, N 28, Art. 2898; 2005, N 2, Art. 162; 2006, N 19, Art. 2080; 2008, N 11, Art. 1036; N 15, of Art. 1555; N 23, of Art. 2713; N 42, of Art. 4825; N 46, of Art. 5337; N 48, of Art. 5618; 2009, N 2, Art. 244; N 3, of Art. 378; N 6, of Art. 738; To N 12, of the Art. 1427), I order:

1. Approve Cross-industry rules of providing workers with special clothes, special footwear and other individual protection equipment according to appendix.

2. Recognize invalid:

the resolution of Ministry of Labor of Russia of December 18, 1998 N 51 "About approval of Rules of providing workers with special clothes, special footwear and other individual protection equipment" (it is registered in the Ministry of Justice of the Russian Federation on February 5, 1999 N 1700);

the resolution of Ministry of Labor of Russia of October 29, 1999 N 39 "About modification and amendments in Rules of providing workers with special clothes, special footwear and other individual protection equipment" (it is registered in the Ministry of Justice of the Russian Federation on November 23, 1999 N 1984);

the resolution of Ministry of Labor of Russia of February 3, 2004 N 7 "About modification and amendments in Rules of providing workers with special clothes, special footwear and other individual protection equipment (it is registered in the Ministry of Justice of the Russian Federation on February 25, 2004 N 5583).

Appendix

to the order of the Ministry of Health and Social Development of the Russian Federation of June 1, 2009 No. 290n

Cross-industry rules of providing workers with special clothes, special footwear and other individual protection equipment

I. General provisions

1. Cross-industry rules of providing workers with special clothes, special footwear and other individual protection equipment (further - Rules) establish mandatory requirements to acquisition, issue, application, storage and care of special clothes, special footwear and other individual protection equipment (further - SIZ).

2. Requirements of these rules extend to employers - legal entities and physical persons irrespective of their forms of business and patterns of ownership.

3. For the purpose of this order SIZ are understood as the means of individual use used for prevention or reduction of impact by workers of harmful and (or) dangerous production factors and also for protection against pollution.

4. The employer shall provide acquisition and issue certification or declaring of compliance of SIZ to the workers occupied at the works with harmful and (or) dangerous working conditions, and also at the works performed in special temperature conditions or connected with pollution which took place in accordance with the established procedure.

Acquisition of SIZ is performed at the expense of means of the employer.

Acquisition by employer SIZ in temporary use according to the lease agreement is allowed.

To the workers occupied at works with harmful and (or) dangerous working conditions, and also at the works performed in special temperature conditions or connected with pollution, the relevant SIZ are issued free of charge.

5. Provision to employees of SIZ including acquired by the employer in temporary use according to the lease agreement is performed according to standard regulations of free issue of special clothes, special footwear and other individual protection equipment (further - standard regulations) which underwent in accordance with the established procedure certification or declaring of compliance and based on results of carrying out special assessment of working conditions.

6. The employer has the right taking into account opinion of elected body of primary trade-union organization or other representative body of workers and the financial and economic provision to establish the regulations of free issue to workers of special clothes, special footwear and other individual protection equipment improving in comparison with standard regulations protection of workers against the harmful and (or) dangerous factors, and also special temperature conditions which are available on workplaces or pollution.

The specified regulations affirm local regulations of the employer based on results of carrying out special assessment of working conditions and taking into account opinion of the corresponding trade-union or other representative employees of body and can be included in the collective and (or) employment contract with indication of standard regulations in comparison with which providing workers with individual protection equipment improves.

7. The employer has the right taking into account opinion of elected body of primary trade-union organization or other representative by employees of representative body to replace one type of the individual protection equipment provided by standard regulations, similar, providing equivalent protection against dangerous and harmful production factors.

8. Issue to employees of SIZ, including foreign production, and also the special clothes which are at the employer in temporary use according to the lease agreement is allowed only in case of the availability of the certificate or the declaration of compliance confirming compliance of the issued SIZ to the safety requirements established by the legislation, and also availability of the sanitary and epidemiologic conclusion or the certificate on state registration of dermatological SIZ *, drawn up in accordance with the established procedure.

Acquisition (including according to the lease agreement) SIZ which do not have the declaration of conformity and (or) the certificate of conformity or having the declaration of conformity and (or) the certificate of conformity which effective period expired is not allowed.

9. The employer shall provide informing workers on SIZ relying them. When holding induction the worker shall be informed of these rules, and also with the standard regulations of issue of SIZ corresponding to its profession and position.

10. The worker shall apply correctly SIZ issued to it in accordance with the established procedure.

11. In case of failure to provide of the worker occupied at works with harmful and (or) dangerous working conditions, and also with special temperature conditions or connected with pollution, SIZ in accordance with the legislation of the Russian Federation he has the right to refuse accomplishment of labor obligations, and the employer has no right to demand from the worker of their execution and shall pay the idle time which arose for this reason.

II. Procedure for issue and application of SIZ

12. SIZ issued to workers shall correspond to their floor, growth, the sizes, and also nature and conditions of the work performed by them.

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