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

of February 2, 2017 No. 129n

About approval of Rules on labor protection in case of production road construction and repair construction works

According to article 209 of the Labor Code of the Russian Federation (Russian Federation Code, 2002, No. 1, Art. 3; 2006, No. 27, Art. 2878; 2009, No. 30, Art. 3732; 2011, No. 30, Art. 4586; 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 road construction and repair construction works according to appendix.

2. This order becomes effective after three months after its official publication.

Appendix

to the Order of the Ministry of Labour and Social Protection of the Russian Federation of February 2, 2017 No. 129n

Rules on labor protection in case of production road construction and repair construction works

I. General provisions

1. Rules on labor protection in case of production road construction and repair construction works (further - Rules) establish the state normative requirements of labor protection imposed to the organization and implementation of the basic processes and works connected with carrying out construction, reconstruction, repair and road maintenance in good repair, the operation used for present purposes the road and construction equipment (further - the road equipment) and production equipment, and also to the processes and works which are performed on the production facilities providing carrying out road construction and repair construction works (further - roadwork).

2. 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 roadwork by them.

3. Responsibility for accomplishment of Rules is conferred on the employer.

On the basis of Rules and requirements of technical (operational) documentation of the organization manufacturer of the road equipment and production equipment (further - the organization manufacturer) the employer develops instructions for labor protection for professions and (or) types of attended operations which affirm the local regulation of the employer taking into account opinion of the relevant trade-union organ or other representative the workers who are carrying out roadwork (further - workers), representative body (in the presence).

4. In case of use of the road equipment, use of materials, the industrial equipment and the equipment, performance of works, the requirement to safe use to which application and accomplishment are not regulated by Rules it is necessary to be guided by requirements of the corresponding regulatory legal acts containing the state normative requirements of labor protection <1> and requirements of technical (operational) documentation of the organization manufacturer.

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<1> Article 211 of the Labor Code of the Russian Federation (Russian Federation Code, 2002, No. 1, Art. 3; 2006, No. 27, Art. 2878; 2009, No. 30, Art. 3732).

5. The employer shall provide:

1) safety of accomplishment of roadwork, content of the road equipment and production equipment in good repair and their operation according to requirements of Rules and technical (operational) 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.

6. In case of operation of the road equipment, production equipment and carrying out roadwork on workers impact of the following harmful and (or) dangerous production factors is possible:

1) moving vehicles, the road equipment, hoisting machines and mechanisms, the moved materials;

2) moving parts of production equipment, tool;

3) sharp edges, agnails and roughnesses on surface of production equipment, the tool;

4) the falling objects (elements of production equipment) and the tool;

5) the increased dust content of air of the working area;

6) the raised gas contamination of air of the working area;

7) the increased or lowered surface temperature of production equipment, materials;

8) the increased or lowered air temperature of the working area;

9) the increased noise levels on workplace;

10) the raised vibration level;

11) the increased or lowered air humidity;

12) the increased or lowered mobility of air;

13) the increased value of tension in electric circuit which short circuit can happen through the worker's body;

14) the increased level of electromagnetic radiations;

15) the increased electric field strength;

16) insufficient illumination of the working area;

17) arrangement of workplaces at considerable height concerning the Earth's surface (floor);

18) physical overworks;

19) psychological overloads.

7. 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 protection is forbidden.

8. The employer has the right to establish the additional requirements of safety in case of performance of works improving working conditions of workers.

II. Requirements of labor protection under the organization of accomplishment of roadwork

9. Roadwork shall be performed by the employer according to projects of the organization of construction of highways (further - POS) and the projects of works (further - the Party of Pensioners of Russia) providing specific decisions on safety and labor protection, determining technical means and methods of works and providing fulfillment of requirements of the regulatory legal acts containing the state normative requirements of labor protection.

10. When designing roadwork danger areas in which impact on workers and other persons of harmful and (or) dangerous production factors is possible shall be determined.

11. The workers who were trained on labor protection and examination of requirements of labor protection in accordance with the established procedure <2> are allowed to accomplishment of roadwork.

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<2> The resolution of Ministry of Labor of Russia and the Ministry of Education of Russia of January 13, 2003 No. 1/29 "About approval of the Procedure for training in labor protection and examinations of requirements of labor protection of employees of the organizations" (it is registered by the Ministry of Justice of the Russian Federation on February 12, 2003, registration No. 4209) with the changes made by the order of Ministry of Labor of Russia No. 697n, the Ministry of Education and Science of the Russian Federation No. 1490 of November 30, 2016 (it is registered by the Ministry of Justice of the Russian Federation on December 16, 2016, registration No. 44767).

The workers performing works to which the additional (raised) requirements of labor protection are imposed shall undergo repeated instructing in labor protection at least once in three months, and also at least once in twelve months - examination of requirements of labor protection. Lists of professions and positions of workers and work types to which the additional (raised) requirements of labor protection are imposed affirm the local regulation of the employer.

The employer provides passing by workers obligatory preliminary (in case of revenues to work) and periodic (during labor activity) medical examinations in accordance with the established procedure <3>.

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<3> the Order of the Ministry of Health and Social Development of the Russian Federation of April 12, 2011 No. 302n "About approval of lists of harmful and (or) dangerous production factors and works in case of which accomplishment obligatory preliminary and periodic medical examinations (inspections) are performed and the Procedure for performing obligatory preliminary and periodic medical examinations (inspections) for the workers occupied on hard work and at works with harmful and (or) hazardous conditions of work" (it is registered by the Ministry of Justice of the Russian Federation on October 21, 2011, registration No. 22111) with the changes made by orders of the Russian Ministry of Health of May 15, 2013 No. 296n (it is registered by the Ministry of Justice of the Russian Federation on July 3, 2013, registration No. 28970) and of December 5, 2014 No. 801n (registration No. 35848) is registered by the Ministry of Justice of the Russian Federation on February 3, 2015.

At separate works with harmful and (or) hazardous conditions of work application of work of women according to the List of hard work and works with harmful and (or) hazardous conditions of work in case of which accomplishment application of work of women, is forbidden by the approved order of the Government of the Russian Federation <4> is limited.

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<4> The order of the Government of the Russian Federation of February 25, 2000 No. 162 "About approval of the list of hard work and works with harmful or hazardous conditions of work in case of which accomplishment application of work of women" (The Russian Federation Code, 2000, is forbidden to No. 10, by the Art. 1130).

Application of work of persons aged up to eighteen years at works with harmful and (or) hazardous conditions of work according to the List of hard work and works with harmful or hazardous conditions of work in case of which accomplishment application of work of persons more young than eighteen years, is forbidden by the approved order of the Government of the Russian Federation <5> is forbidden.

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<5> The order of the Government of the Russian Federation of February 25, 2000 No. 163 "About approval of the list of hard work and works with harmful or hazardous conditions of work in case of which accomplishment application of work of persons more young than eighteen years" (The Russian Federation Code, 2000, is forbidden to No. 10, by Art. 1131; 2001, No. 26, Art. 2685; 2011, No. 26, Art. 3803).

12. Workers shall be provided with special clothes, special footwear and other individual protection equipment (further - SIZ) in accordance with the established procedure <6>.

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