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

of February 16, 2009 No. 45n

About approval of regulations and conditions of free issue to the workers occupied at works with harmful working conditions, milk or other equivalent foodstuff, the Procedure of compensation payment in the amount of, equivalent to the cost of milk or other equivalent foodstuff, and the List of harmful production factors in case of which impact in the preventive purposes the use of milk or other equivalent foodstuff is recommended

According to Items 5.2.75 and 5.2.77 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; 2008, N 15, Art. 1555; 2008, N 23, 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; 738) I order to N 6, of the Art.:

Approve:

1. Regulations and conditions of free issue to the workers occupied at works with harmful working conditions, milk or other equivalent foodstuff which can be issued to workers instead of milk, according to the appendix N 1;

2. Procedure of compensation payment in the amount of, equivalent to the cost of milk or other equivalent foodstuff, according to the appendix N 2;

3. The list of harmful production factors in case of which impact in the preventive purposes the use of milk or other equivalent foodstuff, according to the appendix N 3 is recommended.

Appendix №1

to the Order of the Ministry of Health and Social Development of the Russian Federation of February 16, 2009 No. 45n

Regulations and conditions of free issue to the workers occupied at works with harmful working conditions, milk or other equivalent foodstuff which can be issued to workers instead of milk

1. According to article 222 of the Labor Code of the Russian Federation (The Russian Federation Code, 2002, N 1, the p. I, Art. 3; 2006, N 27, Art. 2878; 2007, N 41, Art. 4844) at works with harmful working conditions are issued to workers free of charge on the established regulations milk * or other equivalent foodstuff.

2. Free issue of milk or other equivalent foodstuff is made to workers in days of the actual employment at works with the harmful working conditions caused by availability on workplace of the harmful production factors provided by the List of harmful production factors in case of which impact in the preventive purposes the use of the milk or other equivalent foodstuff (further - the List) given in appendix N 3, is recommended and which levels exceed the established standard rates.

3. Issue and the use of milk or other equivalent foodstuff shall be performed in buffets, dining rooms or in the rooms which are specially equipped according to the sanitary and hygienic requirements approved in accordance with the established procedure.

4. The regulation of free issue of milk constitutes 0, liter for change irrespective of change duration. If operating time in harmful working conditions is less than established duration of working shift, milk is issued in case of performance of works in the specified conditions during at least than a half of working shift.

5. In addition to milk 2 g of pectin as a part of the foodstuff enriched with it are issued to the workers contacting to inorganic compounds of non-ferrous metals (except compounds of aluminum, calcium and magnesium): drinks, jelly, jams, fruit jelly, juice products from fruit and (or) vegetables and canned food (the actual content of pectin is specified the manufacturer).

Replacement of these products with natural fruit and (or) vegetable juice with pulp in number of 300 ml is allowed.

In case of permanent contact with inorganic compounds of non-ferrous metals (except compounds of aluminum, calcium and magnesium) instead of milk fermented milk products or products for dietary (medical and preventive) food are issued under harmful working conditions.

Issue of the foodstuff enriched with pectin, drinks, jelly, jams, fruit jelly, juice products from fruit and (or) vegetables and canned food shall be organized before work, and fermented milk products - during the working day.

6. To workers, busy production or conversion of antibiotics, instead of fresh milk issue the fermented milk products enriched with probiotics (bifidobacteria, lactic bacteria), or prepared on the basis of whole milk колибактерин.

7. Milk replacement with sour cream, butter, other products (except the equivalent, provided by regulations of free issue equivalent foodstuff which can be issued to workers instead of milk), and also issue of milk or other equivalent foodstuff for one or several changes forward, as well as for last shifts is not allowed.

Regulations of free issue of equivalent foodstuff which can be issued to workers instead of milk are given in Table 1.

8. Milk replacement with equivalent foodstuff is allowed with the consent of workers and taking into account opinion of primary trade-union organization or other representative body of workers.

9. Replacement of milk by products for dietary (medical and preventive) food under harmful working conditions is allowed only in case of the positive conclusion on their application of the federal executive body performing functions on control and supervision in the field of ensuring sanitary and epidemiologic wellbeing of the population, consumer protection and the consumer market.

10. Issue to workers on the established regulations of milk or other equivalent foodstuff can be replaced according to written applications of workers with compensation payment in the amount of, equivalent to the cost of milk or other equivalent foodstuff which is made according to the Procedure of compensation payment in the amount of, equivalent to the cost of milk or other equivalent foodstuff, given in the appendix N 2.

Replacement of compensation payment by milk or other equivalent products according to written applications of workers is allowed.

11. To the workers receiving free of charge treatment-and-prophylactic food in connection with especially harmful working conditions, milk or other equivalent foodstuff are not issued.

12. Responsibility for ensuring free issue to workers of milk and equivalent foodstuff, and also for observance of this Regulations and conditions of their issue is assigned to the employer.

13. In case of providing the safe (admissible) working conditions confirmed with results of carrying out special assessment of working conditions, the employer makes the decision on the termination of free issue of milk or other equivalent foodstuff taking into account opinion of primary trade-union organization or other representative body of workers.

The basis for adoption by the employer of the decision on the termination of free issue of milk or other equivalent foodstuff to workers are:

availability of results of carrying out special assessment of working conditions;

the consent of primary trade-union organization or other representative body of workers (in case of their availability at the employer) on the termination of free issue of milk or other equivalent foodstuff to workers by results of carrying out on their workplaces of special assessment of working conditions.

In case of absence at the employer of data on results of carrying out special assessment of working conditions or failure to carry out of above-mentioned requirements by it the procedure for free issue of milk or other equivalent foodstuff operating before entry into force of this order remains.

14. Other questions connected with free issue of milk or other equivalent foodstuff are solved the employer independently taking into account provisions of the collective agreement.

Table 1

Regulations of free issue of equivalent foodstuff which can be issued to workers instead of milk

 ______________________________

* Further in the text the term "milk" is understood as the milk, drinking milk determined by the Federal Law of June 12, 2008 No. 88-FZ "The technical regulation on milk and dairy products" (The Russian Federation Code, 2008, No. 24, the Art. 2801).

Appendix № 2

to the Order of the Ministry of Health and Social Development of the Russian Federation of February 16, 2009 No. 45n

Procedure of compensation payment in the amount of, equivalent to the cost of milk or other equivalent foodstuff

1. According to article 222 of the Labor Code of the Russian Federation (The Russian Federation Code, 2002, N 1, the p. I, Art. 3; 2006, N 27, Art. 2878; 2007, N 41, the Art. 4844) issue to workers on the established regulations of milk or other equivalent foodstuff can be replaced according to written applications of workers with compensation payment in the amount of, equivalent to the cost of milk or other equivalent foodstuff if it is provided by the collective agreement and (or) the employment contract.

2. The amount of compensation payment is accepted equivalent to milk cost by fat content of at least 2,5 of % or equivalent foodstuff in retail trade in the location of the employer in the territory of administrative unit of the subject of the Russian Federation.

To the workers receiving equivalent foodstuff instead of milk, the amount of compensation payment is established proceeding from the cost of equivalent foodstuff.

3. Compensation payment shall be made at least 1 time a month.

4. The specific amount of compensation payment and procedure for its indexation are established by the employer taking into account opinion of primary trade-union organization or other representative body of workers and join in the collective agreement. In case of absence at the employer of representative body of workers the specified provisions join in the employment contracts signed with workers.

5. Indexation of compensation payment is made in proportion to increase in prices for milk and other equivalent foodstuff in retail trade in the location of the employer in the territory of administrative unit of the subject of the Russian Federation on the basis of data of competent structural division of executive body of the subject of the Russian Federation.

Appendix №. 3

to the Order of the Ministry of Health and Social Development of the Russian Federation of February 16, 2009 No. 45n

The list of harmful production factors in case of which impact in the preventive purposes the use of milk or other equivalent foodstuff is recommended

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