Training in labor safety rules is an obligatory measure for organizations of any profile. A new type of civil law relationship between managers and employees requires the latter to be fully aware of the law. Training and testing knowledge on labor protection reduces the number of work-related injuries and other possible problems that may arise during work due to ignorance of the standards.
Safety precautions
Responsible for labor activities, the head may not know all the requirements of labor protection, but his subordinates, especially those working in difficult conditions, need to possess more information than superficial knowledge of the Labor Code. Who should receive OSH training?
There is a GOST standard, which includes a system of standard samples on labor safety, which indicates generally accepted rules for the organization of the educational process and regulations. This confirms the fact that all employees of the company must undergo training: from the head to the ordinary employee, regardless of the unit.
Passing training
Resolution No. 1/29 of 2003 (the result of the joint work of the Ministry of Labor and the Ministry of Education of the Russian Federation) establishes a list of those who are required to undergo training on labor protection and its order. What does the learning process include? According to the document "On establishing the procedure for training on labor protection and testing the knowledge of employees of the organization", students are provided with:
- information for managers responsible for the safety of working conditions in the enterprise;
- introductory and initial instruction;
- explanations in practice (in the course of labor activity);
- unscheduled, repeated and targeted briefings (each, depending on the situation, is appointed responsible and approved by the authorities).
Knowledge transfer to employees
Occupational safety specialists must be trained in special educational institutions. Subsequently, the provision of information to other employees is carried out by the immediate head of the department, who completed training and passed the relevant exams.
It is recommended to take a training course once every 3 years in an accredited center (validity period of a certificate issued after training):
- to the head (employer);
- a person responsible for workplace safety;
- managers of structural divisions and other officials;
- members of the commission for testing knowledge of the main provisions.
Employment of an employee without appropriate labor protection training entails an administrative fine of up to 130,000 rubles.
Duty and Great Responsibility
All occupational employees of the company occupying senior positions, managers and private entrepreneurs are required to undergo training on labor protection (response based on Federal Law No. 90 and No. 160). Theory and practice are necessary for all new workers, as well as for those who have transferred or seconded. The person empowered with the authority is obliged to conduct a labor safety briefing and to make sure that the person has understood all of his points and that in the future he can independently apply safe methods during labor activity, and also provide first aid in case of injuries or emergency situations.
The duties of the head of the enterprise include providing theoretical and practical training for new arrivals to work (or seconded from another unit) with unsafe working conditions. Only visual and professional training helps to navigate secure and comfortable methods of accomplishing tasks. The state not only monitors the implementation of its requirements, but also provides assistance in organizing training, as well as for those who are required to undergo training in labor protection requirements, especially at state-owned enterprises. Obligations to organize the process and execute it on time are made by the employer.
The acquisition of knowledge
There is a list of persons who are required to undergo training on labor protection. In addition to direct managers, specialists in charge of this issue, labor protection engineers and individual entrepreneurs, it is recommended to take a training course:
- the organizers of the production practice of the enterprise;
- employees of educational institutions (primary, secondary, higher and additional education);
- teachers of the disciplines "Life Safety" and "Labor Protection";
- proxies for labor protection of trade unions.
New managers of enterprises and organizations can take up their duties only after familiarizing themselves with the job responsibilities and labor protection rules, regulations and the organization of work at the facilities entrusted to them or structural units.
Types of knowledge provision
The head must undergo training on labor protection, which is carried out according to the relevant programs of training centers, licensed to conduct educational activities, teaching staff and material resources. Management training is possible within the organization itself. This is likely if there is a commission for testing labor protection knowledge.
Training of specialists and managers is carried out in the form of lectures, interviews, group consultations, seminars, business games, individual conversations. No one excludes independent study of a student using computer programs. Today, labor protection training for employees is also practiced remotely.
Knowledge check
The next control of understanding the essence of the concept of “labor protection” and the practical skills of decision-makers and specialists is carried out at least once every 3 years. If the managers did not show the necessary high result at the audit, they are obliged to prepare better and pass the audit again no later than a month later. Correspondence of the position of specialists who have not passed the knowledge of labor protection knowledge is decided with the head of the enterprise in the prescribed manner.
Who is required to undergo safety training? Employed workers are required to be employed after being hired. Organization of training should take place within a month. The employee is trained and after - they check the skills of mastering safe work methods. If working conditions are harmful or dangerous, then non-life-threatening training in internships at the workplace, as well as periodic knowledge testing of requirements, is carried out once every six months, extraordinary control (especially those who do not observe safety rules or neglect them) can occur much more often, as required by the leader.
Training courses
All employees employed by the enterprise are required to undergo labor protection training: answers to the questions raised should be given after the course, which is 10 academic hours long. For those involved in work with increased danger, the program includes more subtle and important elements, so you will have to stay at least 20 hours. Each curriculum is approved by the supervisor. For those who decide to find a job in production with adverse working conditions (chemicals, vapors, gases, etc.), during professional selection, universal training of applicants is organized with subsequent passing tests. A periodic check is organized once for 12 months, where students must know the first aid to victims. Under normal working conditions, repeated training and subsequent certification is carried out every 3 years, if the organization does not provide regulatory documents that speak of other terms. Checking the material studied is carried out in accordance with labor law.
Knowledge Testing Commission
Control over the understanding and application of the knowledge gained is carried out by a special commission formed by order of the head. Composition (chief experts, engineers and heads of structural divisions): a group of three professionals, each of whom is also periodically required to undergo training on labor protection and a profile examination of knowledge. For the rational functioning of the commission, it may be proposed to join an elected trade union body, as well as authorized persons for labor protection. The commission is headed by the chairman, the secretary is engaged in the documentation.
Employed, who successfully passed the knowledge test, issued a certificate, endorsed by the chairman of the commission and the seal of the company providing training materials. For those who could not pass the exams, a second chance is given a month or earlier than this, depending on the decision of the commission.
Extraordinary check
All employees of the organization are required to undergo training on labor protection, they are also subject to an extraordinary test of knowledge, despite the limitations of the previous one. The reasons for the extraordinary control are:
- introducing innovations in regulatory acts related to labor protection;
- commissioning of new equipment;
- changes in technological processes;
- transferring an employee to another location with new workflow requirements;
- the requirement of senior management or the federal labor inspectorate, state control bodies and executive authorities of the Russian Federation;
- accidents and accidents that have occurred;
- repeated violations by employees;
- a break in the employee’s work in the considered position exceeds 1 year.
Exceptions to the Rules
All workers are required to undergo labor protection training, but there is a case when this procedure is not considered necessary. Businessmen who are engaged in entrepreneurial activity themselves are not forced to plan to study with frequent frequency, but they are encouraged to get acquainted with the basic regulatory acts. Such an exception does not apply when it comes to production and difficult (harmful) working conditions. As an employer, an individual entrepreneur should envisage and ensure that his employees have an understanding of what labor protection is, what rules must be followed at the workplace to prevent accidents and accidents. For employers and hired specialists, such control is necessary for the safe performance of official duties. For failure to comply with labor protection requirements, the law provides for administrative liability and penalties.
Safe conditions
Who is required to undergo safety training? First of all, subordinates directly conducting work activities in production. Such knowledge will help reduce the level of injuries, improve the quality of working conditions, and observe the rights of citizens guaranteed by the state.
Managers need such training in order to conduct briefings themselves in the future, to properly monitor their compliance, and to monitor violations. The Labor Code requires the employer to provide employees with comfortable working conditions that do not contain any danger. For this, specialists are required to:
- provide staff with the necessary knowledge and skills regarding labor functions;
- provide with protective equipment;
- instruct on compliance with measures and conditions for labor protection;
- systematically check the level of knowledge;
- conduct practical internships.
Penalties
Heads, departments, and ordinary employees of the organization are required to undergo training on labor protection. But, if managers do not pay due attention to training and instructing employees before the start of the labor process, they do not carry out the scheduled periodic checks of knowledge, the state stipulates penalties and administrative responsibility:
- Art. 5.27 Administrative Code (violation of the law on labor and labor protection) - a fine, suspension of activity up to 3 months.
- A similar act, only repeated, entails the closure of the business for 1-3 years.
- Art. 19.5 of the Code of Administrative Offenses (non-compliance with the order to eliminate violations within the prescribed period) - a fine or closure (disqualification) of up to 3 years.
- Art. 5.27.1 (departure by the manager from the accepted procedure for monitoring the situation at workplaces) - warning, fine.
- Art. 5.27.1 (unreasonable permission to start an employee to work without his knowledge base on labor protection, non-provision of employees with mandatory protective equipment) - a fine.
- Violation of safety regulations and other clauses of a regulatory enactment that has caused serious harm is punishable by a fine, compulsory labor, or imprisonment.
- For a similar act, which led to the death of a worker at the facility, envisaged work of a forced nature (up to 4 years), loss of the right to climb the career ladder to high posts of a certain seniority, imprisonment up to 4 years.
For managers of enterprises and organizations, it is important to pay special attention to the protection of the labor code and monitoring compliance with instructions by employees at their workplace. Violation of the labor code can entail not only penalties, but undesirable consequences in the form of accidents and accidents.