For working under hazardous working conditions, workers are entitled to milk or other equivalent food products (kefir, cottage cheese, cheese, etc.), which must be given to workers free of charge (Part 1 of Article 222 of the Labor Code of the Russian Federation). Harmful working conditions presuppose the presence in the workplace of harmful production factors provided for in Appendix No. 3 to Order of the Ministry of Health and Social Development dated February 16, 2009 No. 45n. These include chemical (working with certain inorganic, organic compounds, pesticides and agrochemicals), biological (for example, working with pathogenic microorganisms) and physical (ionizing radiation) factors.

We will tell you how to draw up an order for organizing the distribution of milk in our consultation.

We draw up an order for the distribution of milk to employees

The order for the issuance of milk is drawn up in any form. Typically, such an order approves a list of professions that give the right to receive free milk. This list is usually drawn up as an appendix to the order.

Also, the order, as a rule, contains instructions to responsible persons to ensure the purchase of milk, its distribution, as well as control and accounting of the movement of milk.

We remind you that the rules and conditions for the free distribution of milk or other equivalent products to “pests” food products are given in Appendix No. 1 to the Order of the Ministry of Health and Social Development dated February 16, 2009 No. 45n.

The employer can also specify in the order provisions that are mandatory for use and regulated by Order of the Ministry of Health and Social Development dated February 16, 2009 No. 45n. For example:

• Free milk or other equivalent food products are provided to employees on days of actual employment in jobs with hazardous working conditions;
• the distribution and consumption of milk or other equivalent food products must be carried out in buffets, canteens or other specially equipped premises;
• The rate of free milk distribution is 0.5 liters per shift, regardless of the duration of the shift.

The order for the distribution of milk must be familiarized with the signature of the persons indicated in it.

Here is a sample order for the distribution of milk.

We remind you that, based on a written application from an employee who is entitled to free milk or other equivalent food products, the provision of milk (products) can be replaced by an equivalent compensation payment. This is permitted if such a possibility is provided for in an employment or collective agreement (

Free milk distribution in the Russian Federation is enshrined in Article 222 of the Labor Code of the Russian Federation. In jobs with hazardous working conditions, the employer is obliged to provide employees with free milk or other equivalent food products according to established standards, as compensation for working in conditions that deviate from normal conditions, taking into account the factors occurring in the workplace and positions held.

In accordance with Federal Law No. 426-FZ of December 28, 2013 “On a special assessment of working conditions” in each organization, regardless of ownership, the employer is obliged to conduct an assessment of working conditions for the presence of harmful factors that may affect performance and health workers. If, based on the results of a special assessment of working conditions at the workplace, a hazard class of 3 or 4 is established, the employer is obliged to provide milk to employees based on factors related to the List of harmful factors, in accordance with Order of the Ministry of Health and Social Development No. 45n dated February 16, 2009 “On approval of the norms and conditions for the free issuance of milk or other equivalent food products to employees engaged in work with hazardous working conditions, the Procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products, and the List of harmful production factors, the impact of which in preventive purposes, it is recommended to consume milk or other equivalent food products” (hereinafter Order No. 45n).

Also in accordance with the Decree of the Government of the Russian Federation of March 13, 2008 N 168 “On the procedure for determining the norms and conditions for the free issuance of therapeutic and preventive nutrition, milk or other equivalent food products and making compensation payments in an amount equivalent to the cost of milk or other equivalent food products » the employee must occupy a position specified in the list of industries and positions approved by Order of the Ministry of Health and Social Development dated February 16, 2009 No. 46n “On approval of the List of industries, professions and positions in which work gives the right to free medical and preventive nutrition in connection with particularly harmful working conditions, therapeutic and preventive nutrition rations, standards for the free distribution of vitamin preparations and the Rules for the free distribution of therapeutic and preventive nutrition.”

The documents are valid for several years and regulate the procedure for issuing milk for harmful working conditions.

The procedure for issuing milk and therapeutic and preventive nutrition

Standards for issuing milk for harmful working conditions in certain conditions are also given in Order 45n. The general rules state that milk is distributed on the days the employee is actually employed at work with appropriate working conditions. Milk should be dispensed during the shift or at the end of the shift in the amount of 0.5 liters. It is impossible to distribute food for the future or to cover past shifts in this way. In this case, it is not allowed to replace milk with sour cream, butter or other products. The exception is equivalent products that are directly provided for by the free distribution standards - only they can be given to employees instead of milk.

Receipt of milk for harmful working conditions must take place in specially equipped places - canteens or buffets that meet sanitary and hygienic requirements.

All situations in which the employer is obliged to organize the distribution of milk to employees can be conditionally combined into the following groups.

The first group is general cases of milk being issued for harmful working conditions with interaction with the general factors listed in the above-mentioned order of the Ministry of Health and Social Development. Milk dispensing rates here are 500 milliliters per shift, regardless of its duration. Moreover, such an employee’s interaction with harmful factors should not be less than half of the working time during this shift.

The next group is workers who, due to the specifics of their employment, come into contact with inorganic compounds of non-ferrous metals (except for compounds of aluminum, calcium and magnesium). In addition to milk, they need to be given other products. In accordance with paragraph 5 of Order 45n, an employee working with non-ferrous metals: aluminum or magnesium is entitled to another 2 grams of pectin, which can be contained in jelly products, juices and fresh fruits. Pectin is not given instead of milk, but at the same time as it. If an employee interacts with aluminum, milk can be replaced with fermented milk products, which are provided at the end of each shift. It is recommended to provide fresh fruit before the start of the shift.

Milk for harmful working conditions is not given to medical workers involved in the production or processing of antibiotics. It is replaced with fermented milk products. However, in certain medical specializations milk is still issued for being harmful to health workers. To whom it is supposed to be issued is not directly provided for by the legislation, i.e. There is no single list. There are requirements for a special assessment of working conditions (WHS), according to which the work of medical workers can be considered harmful, in particular, when working with certain chemical compounds (Order No. 45n). Based on the results of the OSMS, medical laboratory workers may be included first in this list.

Can milk be replaced with monetary compensation?

It is possible to give an employee not milk, but alternative products provided for by law, only with his consent. Also, upon a written application from the employee, it is possible to replace the delivery of milk with monetary compensation. Payment of such compensation must be made at least once a month.
The amount of such compensation depends on what product the employee is entitled to. If it is milk, then the amount of money must correspond to the cost of milk with a fat content of at least 2.5% in the region of registration of the employer. And accordingly, if the employer provides not milk, but other equivalent products, then when determining the amount of compensation, you need to focus on their cost.

The cost of milk or similar products is best determined on the basis of a certificate from the state statistics agency, which determines the current cost of a food product in the region. Depending on inflation and price increases, amounts are indexed. Based on these rules, the employer himself has the right to establish the specific amount of compensation payment and the procedure for its indexation in accordance with Order 45n, which obliges the employer to take into account the opinion of the trade union organization in accordance with Article 373 of the Labor Code of the Russian Federation or another representative body of workers. Rules regarding the replacement of milk with monetary compensation can also be specified in a collective agreement.

Special milk or special food?

The fundamental point that gives an employee the right to receive milk or similar products is the fact that he did not receive free therapeutic and preventive nutrition due to particularly harmful working conditions, the issuance of which is established by another order of the Ministry of Health and Social Development dated February 16, 2009 No. 46n. It deals with the provision of specially designed diets containing cereals, meat, fish, vegetables and fruits with a strict ratio of proteins, fats and carbohydrates to workers of certain professions. For example, an employee is entitled to at least 70 grams of meat and 3 eggs per shift worked, as well as 100 grams of sour cream and 90 grams fresh vegetables, 100 grams of bread and 400 milliliters of tea. Or the employee can be given 500 grams of kefir or fermented baked milk, 100 grams of cottage cheese and 60 grams of cheese before the shift.

These are workers employed in chemical production, including those related to the storage and destruction of chemical weapons, non-ferrous and ferrous metallurgy, electrical and radio engineering production, work involving overloads or conditions of high atmospheric pressure, and in a number of other industries.

Special food is provided in the situations listed in Order No. 46n in the form of hot breakfasts, or, if this process is organized in hard-to-reach regions in the absence of canteens, in the form of specialized rotation rations. In addition to food, in some cases vitamin preparations are provided.

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Order of the Ministry of Health and Social Development of the Russian Federation
dated February 16, 2009 N 45n

On approval of the norms and conditions for the free issuance of milk or other equivalent food products to employees engaged in work with hazardous working conditions, the Procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products, and the List of harmful production factors, when exposed to which For preventive purposes, it is recommended to consume milk or other equivalent foods

In accordance with paragraphs 5.2.75 and 5.2.77 of the Regulations on the Ministry of Health and Social Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 321 (Collected Legislation of the Russian Federation, 2004, N 28, Art. 2898; 2005 , N 2, art. 162; 2008, N 1036; 2008, N 2713; ; N 46, art. 5337; 2009, art. 378;

Approve:

1. Norms and conditions for the free provision to employees engaged in work with hazardous working conditions, milk or other equivalent food products that can be issued to employees instead of milk, in accordance with Appendix No. 1;

2. The procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products, in accordance with Appendix No. 2;

3. List of harmful production factors, under the influence of which, for preventive purposes, it is recommended to consume milk or other equivalent food products, according to Appendix No. 3.

Minister T.A. Golikova

Registration No. 13795

Appendix No. 1

RULES AND CONDITIONS FOR FREE ISSUANCE TO WORKERS WORKING IN WORK WITH HARMFUL WORKING CONDITIONS OF MILK OR OTHER EQUIVALENT FOOD PRODUCTS THAT CAN BE ISSUED TO WORKERS INSTEAD OF MILK

1. In accordance with Article 222 of the Labor Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2002, N 1, Part I, Art. 3; 2006, N 27, Art. 2878; 2007, N 41, Art. 4844) at work workers with hazardous working conditions are given milk* or other equivalent food products free of charge according to established standards.

2. Free distribution of milk or other equivalent food products is carried out to employees on days of actual employment in jobs with hazardous working conditions, caused by the presence in the workplace of harmful production factors provided for in the List of harmful production factors, under the influence of which, for preventive purposes, it is recommended to consume milk or other equivalent food products (hereinafter referred to as the List) given in Appendix No. 3, and the levels of which exceed the established standards.

3. The distribution and consumption of milk or other equivalent food products must be carried out in buffets, canteens or in premises specially equipped in accordance with duly approved sanitary and hygienic requirements.

By Order of the Ministry of Health and Social Development of Russia dated April 19, 2010 N 245n, paragraph 4 of this appendix was amended, which comes into force 10 days after the official publication of the said order

4. The rate of free milk distribution is 0.5 liters per shift, regardless of the duration of the shift. If the time spent working in hazardous working conditions is less than the established duration of a work shift, milk is provided when work is performed in the specified conditions for at least half of the work shift.

By Order of the Ministry of Health and Social Development of Russia dated April 19, 2010 N 245n, paragraph 5 of this annex was amended, which comes into force 10 days after the official publication of the said order

5. Workers who come into contact with inorganic compounds of non-ferrous metals (except for compounds of aluminum, calcium and magnesium) are given 2 g of pectin in addition to milk as part of food products enriched with it: drinks, jellies, jams, marmalades, fruit juice products and (or) vegetables and canned food (the actual pectin content is indicated by the manufacturer).

It is allowed to replace these products with natural fruit and (or) vegetable juices with pulp in the amount of 300 ml.

In case of constant contact with inorganic compounds of non-ferrous metals (except for compounds of aluminum, calcium and magnesium), fermented milk products or products for dietary (therapeutic and preventive) nutrition under hazardous working conditions are given instead of milk.

The distribution of pectin-enriched food products, drinks, jellies, jams, marmalades, juice products from fruits and (or) vegetables and canned food must be organized before starting work, and fermented milk products - during the working day.

6. Instead of fresh milk, workers involved in the production or processing of antibiotics are given fermented milk products enriched with probiotics (bifidobacteria, lactic acid bacteria), or colibacterin prepared from whole milk.

7. It is not allowed to replace milk with sour cream, butter, or other products (except for equivalent ones provided for by the standards for the free distribution of equivalent food products that can be issued to employees instead of milk), as well as the distribution of milk or other equivalent food products one or more shifts in advance, equally as for previous shifts.

The standards for the free issuance of equivalent food products that can be given to employees instead of milk are given in Table 1.

8. Replacing milk with equivalent food products is permitted with the consent of workers and taking into account the opinion of the primary trade union organization or other representative body of workers.

9. Replacing milk with products for dietary (therapeutic and preventive) nutrition under hazardous working conditions is allowed only with a positive conclusion on their use by the federal executive body exercising control and supervision functions in the field of ensuring the sanitary and epidemiological well-being of the population, protecting consumer rights and consumer market.

10. The issuance of milk or other equivalent food products to employees according to established standards can be replaced, upon written statements from employees, by a compensation payment in an amount equivalent to the cost of milk or other equivalent food products, which is made in accordance with the Procedure for making a compensation payment in an amount equivalent to the cost of milk or other equivalent food products given in Appendix No. 2.

It is allowed to replace the compensation payment with milk or other equivalent products upon written statements from employees.

11. Employees receiving free therapeutic and preventive nutrition due to particularly harmful working conditions are not given milk or other equivalent food products.

12. Responsibility for ensuring free provision of milk and equivalent food products to employees, as well as for compliance with these standards and conditions for their distribution rests with the employer.

By Order of the Ministry of Health and Social Development of Russia dated April 19, 2010 N 245n, amendments were made to paragraph 13 of this appendix, which come into force 10 days after the official publication of the said order

13. If safe (acceptable) working conditions are ensured, confirmed by the results of workplace certification, the employer makes a decision to terminate the free distribution of milk or other equivalent food products, taking into account the opinion of the primary trade union organization or other representative body of workers.

The grounds for an employer to decide to stop providing free milk or other equivalent food products to employees are:

availability of results of certification of workplaces for working conditions, carried out in the manner established at the time of entry into force of this order*, which confirm the absence of the harmful production factors specified in the List of harmful production factors in the workplace or the absence of exceeding the established standards for the harmful production factors identified during the certification of workplaces, specified in the List;

consent of the primary trade union organization or other representative body of workers (if the employer has one) to stop the free provision of milk or other equivalent food products to employees in whose workplaces, based on the results of certification of workplaces for working conditions, the presence of harmful production factors provided for in the List or excess was not revealed established standards for harmful production factors specified in the List and identified during workplace certification.

If the employer does not have data on the results of certification of workplaces for working conditions or fails to comply with the above requirements, the procedure for free distribution of milk or other equivalent food products that was in force before this order came into force is preserved.

* Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 No. 569 “On approval of the Procedure for certification of workplaces based on working conditions” (registered by the Ministry of Justice of Russia on November 29, 2007 No. 10577).

14. Other issues related to the free provision of milk or other equivalent food products are resolved by the employer independently, taking into account the provisions of the collective agreement.

Table 1

Standards for the free issuance of equivalent food products that can be given to employees instead of milk

______________________________

* Further in the text, the term “milk” refers to milk, drinking milk, as defined by Federal Law of June 12, 2008 N 88-FZ “Technical Regulations for Milk and Dairy Products” (Collected Legislation of the Russian Federation, 2008, N 24, Art. 2801).

Appendix No. 2 Procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products

1. In accordance with Article 222 of the Labor Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2002, N 1, Part I, Art. 3; 2006, N 27, Art. 2878; 2007, N 41, Art. 4844) issuance to employees according to established standards, milk or other equivalent food products can be replaced, upon written statements by employees, with a compensation payment in an amount equivalent to the cost of milk or other equivalent food products, if this is provided for by the collective agreement and (or) the employment contract.

2. The amount of compensation payment is accepted as equivalent to the cost of milk with a fat content of at least 2.5% or equivalent food products in retail trade at the employer’s location on the territory of an administrative unit of a constituent entity of the Russian Federation.

For employees who receive equivalent food products instead of milk, the amount of compensation payment is established based on the cost of equivalent food products.

3. Compensation payment must be made at least once a month.

4. The specific amount of compensation payment and the procedure for its indexation are established by the employer, taking into account the opinion of the primary trade union organization or other representative body of employees and are included in the collective agreement. If the employer does not have a representative body of employees, these provisions are included in employment contracts concluded with employees.

5. Indexation of compensation payments is made in proportion to the increase in prices for milk and other equivalent food products in retail trade at the employer’s location in the territory of the administrative unit of a constituent entity of the Russian Federation based on data from the competent structural unit of the executive authority of the constituent entity of the Russian Federation.

Order of the Ministry of Health and Social Development of the Russian Federation dated February 16, 2009 N 45n “On approval of the standards and conditions for the free issuance of milk or other equivalent food products to employees engaged in work with hazardous working conditions, the Procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products, and the List of harmful production factors, under the influence of which it is recommended to consume milk or other equivalent food products for preventive purposes" (with amendments and additions)

Appendix No. 1. Norms and conditions for the free provision of milk or other equivalent food products to employees engaged in work with hazardous working conditions, which can be issued to employees instead of milk Appendix No. 2. The procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products products Appendix No. 3. List of harmful production factors, under the influence of which it is recommended to consume milk or other equivalent food products for preventive purposes

Order of the Ministry of Health and Social Development of the Russian Federation
dated February 16, 2009 N 45n
"On approval of the norms and conditions for the free issuance of milk or other equivalent food products to employees engaged in work with hazardous working conditions, the Procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products, and the List of harmful production factors under the influence of which For preventive purposes, it is recommended to consume milk or other equivalent food products."

With changes and additions from:

2. The procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products, in accordance with Appendix No. 2;

3. List of harmful production factors, under the influence of which, for preventive purposes, it is recommended to consume milk or other equivalent food products, according to Appendix No. 3.

Registration No. 13795

New standards have been approved for the free distribution of milk or other equivalent food products to employees engaged in work with hazardous working conditions.

The rate of free milk is still 0.5 liters per shift, regardless of the length of the shift. The milk supplied must comply with the requirements of the Technical Regulations for milk and dairy products. Workers who come into contact with inorganic compounds of non-ferrous metals (formerly lead) will be given 2 g of pectin in food products (drinks, jellies, jams, etc.) in addition to milk. With constant contact with inorganic compounds of non-ferrous metals, instead of milk, fermented milk products or products for dietary (therapeutic and preventive) nutrition under hazardous working conditions are used.

The list of equivalent products that can be issued instead of milk has been reduced. It includes fermented milk products, cottage cheese, cheese, products for dietary (therapeutic and preventive) nutrition under hazardous working conditions. Previously, the list also included beef, low-fat fish, eggs, and condensed milk. It is not allowed to replace milk with sour cream, butter, or other products (except equivalent ones). To replace milk with such products, it is necessary to obtain the consent of the employee and take into account the opinion of the trade union.

Now, the provision of milk or other equivalent products can be replaced, at the request of employees, with a compensation payment in an amount equivalent to the cost of milk or other equivalent food products, if this is provided for in the collective and (or) labor agreement. Rules have been established for calculating the amount of this payment, its frequency (at least once a month) and the indexation procedure.

A list of harmful production factors is given, under the influence of which it is recommended to consume milk or other equivalent food products for preventive purposes. This list includes chemical, biological and physical factors.