of December 28, 2015 No. 1054
About approval of Rules of issue to workers of milk or equivalent foodstuff, treatment-and-prophylactic food, special clothes and other individual protection equipment, ensuring collective protection with their means, sanitary and household rooms and devices at the expense of means of the employer
According to the subitem 33) of Article 16 of the Labor code of the Republic of Kazakhstan of November 23, 2015 I ORDER:
2. To provide to department of work and social partnership of the Ministry of health and social development of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;
3) placement of this order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan;
4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of health and social development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.
3. To impose control of execution of this order on the vice-Minister of health and social development of the Republic of Kazakhstan Nurymbetov B. B.
4. This order becomes effective since January 1, 2016 and is subject to official publication.
Minister of health and social development of the Republic of Kazakhstan
T. Duysenova
Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan of December 28, 2015 No. 1054
1. These rules of issue to workers of milk or equivalent foodstuff, treatment-and-prophylactic food, special clothes and other individual protection equipment, ensuring collective protection with their means, sanitary and household rooms and devices at the expense of means of the employer (further - Rules) are developed according to the subitem 33) of Article 16 of the Labor code of the Republic of Kazakhstan of November 23, 2015 (further - the Labor code) and establish procedure for issue to workers of milk or equivalent foodstuff, treatment-and-prophylactic food, special clothes and other individual protection equipment, ensuring collective protection with their means, sanitary and household rooms and devices at the expense of means of the employer.
2. Milk or equivalent foodstuff (further - milk), treatment-and-prophylactic food (further - LPP), special clothes, individual protection equipment are issued according to the regulations approved according to subitems 34) and 35) of Article 16 of the Labor code (further - Regulations).
3. The basic concepts used in these rules:
1) special clothes - clothes, footwear, headdress, mittens, other individual protection equipment intended for protection of the worker against harmful and (or) dangerous production factors;
2) individual protection equipment - the means intended for protection of the worker against impact of harmful and (or) dangerous production factors including special clothes;
3) production equipment - machines, mechanisms, the devices, devices, devices and other technical means necessary for work, productions;
4) means of collective protection - the technical means intended for simultaneous protection of two and more workers against impact of harmful and (or) dangerous production factors.
4. Milk and LPP are issued to workers by results of certification of production facilities under the terms of work, for the purpose of the prevention of occupational diseases and poisonings, strengthening of health of workers.
5. Milk replacement with other equivalent foodstuff, and (or) specialized products for dietary (medical and preventive) food is allowed with the consent of the worker, and are drawn up by the solution of the collective agreement or the act of the employer.
6. Milk is issued for change (during break) irrespective of its duration in days of the actual employment of the worker at the works connected with production or use of chemicals on Regulations.
7. LPP is issued in the form of hot breakfasts before work and in lunch break in coordination with medical and sanitary part of the organization. To the workers working in the conditions of elevated pressure (in caissons, pressures chamber, at diving works), LPP is issued after vyshlyuzovaniye.
8. LPP is issued also to the workers occupied full time on construction, construction, repair and construction and commissioning, to the workers making cleaning and preparation of production equipment for repair and preservation - in the operating productions with especially harmful working conditions in which both for the main workers, and for maintenance force LPP is established.
9. Milk and LPP is not issued:
1) in non-working days;
2) in vacation days;
3) in days of official journeys;
4) in days of study with separation from production;
5) in days of performance of works on other sites where issue of milk and LPP is not provided;
6) in the period of temporary disability.
10. Issue of milk and LPP lately or for several changes forward, and also payment of compensation for milk uncollected in time and LPP, is not allowed.
11. The menu is constituted by the production manager of the organization performing cooking to workers.
12. To the workers receiving LPP at the expense of means of the employer in connection with harmful working conditions issue of milk or other equivalent foodstuff, is not made.
13. Individual protection equipment is issued in case of acceptance or transfer of workers into other work or in connection with the expiration of use of these means.
14. Terms of use of individual protection equipment are established kalendarno and estimated from the date of their actual issue to workers.
15. Individual protection equipment will be certified, and also is convenient in case of sock, does not create obstacles to movement, is selected and issued to workers by the corresponding sizes.
16. Individual protection equipment (gas masks, self-rescuers, safety belts, mosquito nets, helmets and other means) is subject to regular testing and check of operability, and filters, glasses and other parts with the gone-down protective properties timely replacement. After check on individual protection equipment the mark (brand, stamp) about terms of the subsequent testing becomes.
17. The employer organizes proper care of means of individual and collective protection, timely performs preventive processing, and also repair of means of individual and collective protection.
18. When it is required under the terms of work, dryers, cameras and installations for preventive processing of individual protection equipment get a job in the organizations.
19. Preventive processing, repair of individual protection equipment is made in time when workers are not engaged at work (on the weekend), or during inter-shift breaks.
If Regulations provide issue to workers of two or three sets of special clothes, preventive processing and repair of individual protection equipment can be performed in working hours, replaceable sets of special clothes which employers shall have in necessary quantity are issued to workers for this time.
20. Special clothes which do not conform to qualifying standards or became useless before the expiration of fixed term of use, for the reasons independent of the worker, are subject to replacement.
21. With approach of season the special clothes return to that worker to whom it was issued during the previous season.
22. For storage the employer provides to the issued workers of special clothes and other individual protection equipment specially equipped rooms (wardrobe) according to requirements of construction regulations and rules, sanitary and epidemiologic rules and regulations.
23. Before delivery on long-term storage the special clothes are cleared of pollution, dried, repaired and disinfected.
24. The monthly regulation of detergents (toilet soap, laundry soap, powder) to the worker who worked the regulation of working hours which is completely determined for this period is established not lower than 500 grams.
25. Means of collective protection, sanitary and household rooms and devices are provided during the designing, construction and reconstruction of factory buildings and constructions, taking into account engineering procedures, design of machines, mechanisms, the equipment and other products according to technical regulations, standards and construction regulations and rules.
26. The procedure and conditions of providing with wardrobe, shower, washing, treatment-and-prophylactic means, medical first-aid kits, bathrooms, places for arrangement with half carcass, devices of drinking water supply, rooms for heating or chilling, processing, storage and issue of special clothes and other additional sanitary and household rooms and devices, are determined by the collective agreement or the act of the employer.
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