2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
In accordance with the legislation of the Russian Federation, employers must check their employees' knowledge in the field of labor protection. In this case, this event can be regular or extraordinary. What is the specificity of both types of checks? When should the relevant procedures be carried out?
Checking Staff Knowledge: Governing Law
The main source of law that determines when an extraordinary examination of personnel knowledge is carried out and regulates many other important personnel issues is Resolution No. 1/29, adopted by the Ministry of Labor and Social Development and the Ministry of Education of the Russian Federation on 13.01.2003. This normative act approved the procedure for training employees of Russian enterprises in the field of labor protection. The question - when an extraordinary check of the knowledge of the personnel is carried out, is one of the aspects of the work of HR specialists in this direction. Before considering it in detail, let us examine the gener althe norms of the law that determine how the company-employer should build a system of training, as well as testing the competence of employees in the field of labor protection.
Occupational safety knowledge test system: nuances
In the legislation of the Russian Federation, labor protection refers to the systematic work of competent specialists of the employing company, which is aimed at ensuring the safety and he alth of employees in the course of their work. This work may include activities that can be classified as: socio-economic, organizational, technical, sanitary, hygienic, curative, preventive, rehabilitation.
Organization and testing of personnel knowledge must be mandatory for employees of all Russian organizations, regardless of the official legal status, as well as the form of ownership of the enterprise. The head of the company is also obliged to study and confirm his knowledge. New employees entering the enterprise must also undergo the necessary briefings and training on various labor protection issues.
Decree No. 1/29 provides for 2 procedures for checking the competence of specialists: regular and extraordinary. Inspection of the first type should be carried out at least once every 3 years. In turn, an extraordinary test of personnel knowledge on labor protection issues should be carried out:
-after the appearance of new provisions in the normative acts establishing the requirements for labor protection or after making changes to them;
- after the start of using new equipment at the enterprise, as well as making certain changes in production processes, as a result of which employees may need additional knowledge for safe work;
- at the request of representatives of the Labor Inspectorate and other competent state and municipal authorities;
- after accidents and incidents;
- when revealing violations of labor protection rules repeatedly committed by employees;
- in case of a break in a person's labor activity in his position for more than 1 year.
Checking knowledge in the field of labor protection is carried out based on the fact that the employee is undergoing special training. Consider its features in more detail.
Labor protection training
The procedure for conducting an extraordinary examination of the knowledge of personnel is established based on the fact that the relevant knowledge was obtained by the employees of the company during participation in a 40-hour training program outside their workplace. This training can be provided by the firm itself or by an external educational institution.
Relevant programs are formed on the basis of standard provisions approved by the Ministry of Labor and Social Protection of Russia. It can be noted that this department has approved the relevant standards for:
-heads of firms, their deputies;
- employers in the status of natural persons;
- managers and specialists who are responsible for the organization, management, and organization of work at the enterprise, exercise control, necessary technical supervision;
- professionals who work in labor protection services established by the employing company;
- representatives of labor protection committees;
- authorized persons from trade unions and other structures representing the interests of workers;
- representatives of authorities competent in labor protection issues;
- teaching staff of organizations that teach programs of primary, secondary, higher and additional education related to disciplines that are related to labor protection issues;
- representatives of commissions that carry out knowledge checks on labor protection issues;
- representatives of various mixed groups that deal with labor safety issues.
or competent authorities.
Training programs developed by various subjects of relations in the field of labor safety should be coordinated within the framework ofmechanisms established by law. Thus, training organizations coordinate work plans with authorities. Those programs for which training is conducted in a single organization are approved by the head.
Teaching format
Direct training in accordance with the approved programs is carried out in person during the day or in the evening in the format of lectures, seminars, and various business games. In the course of training, certain methods of organizing independent work can be used, in which, for example, special computer programs can be used. It is also possible to use distance learning methods, if possible and is optimal in terms of students mastering the content of the programs.
First proficiency test
When an extraordinary test of knowledge on labor protection received by a person as part of training in this format is carried out, we already know. But when is the first regular activity?
In many cases, this verification is carried out immediately after the trainees have completed the courses of the relevant programs. Usually, for these purposes, the management of the employing company issues a special order, according to which a special commission is formed, which is responsible for carrying out the verification in question. It should include at least 3 specialists who have undergone special training in programs adapted just the same for representatives of the relevant commissions.
In addition, similar structures can also be formed directly in training organizations. They should include managers, teachers, and in some cases representatives of the competent authorities dealing with labor protection issues. It can be noted that the testing of the knowledge of specialists by training organizations is carried out only if they were trained in the relevant structures. If the check is successful, the person receives a certificate confirming that he has the necessary knowledge.
So, now we know how training on labor protection programs is conducted, as well as when an extraordinary test of personnel knowledge in this area is carried out. There are quite a few nuances that characterize the procedure in question. Consider them.
Knowledge test: nuances
Decree No. 1/29 also regulates the manner in which the relevant verification is carried out. So, in this normative act it is said that the theoretical knowledge of labor protection of employees should be checked directly by their managers. At the same time, the amount of relevant knowledge is established based on the provisions of the rules, as well as the instructions that the employee must familiarize himself with to start working in his position. In some cases, the amount of knowledge is increased due to additional labor protection requirements that are supposed to be studied by an employee of the company before starting work.
Timechecks
As a rule, the procedure in question is carried out outside business hours. This is optimal from the point of view of ensuring the smooth operation of the enterprise: when an extraordinary check of the knowledge of the personnel is carried out, the consumer of goods or services supplied by the organization should not be interested. He comes to the company to purchase the right product or service, and the moments relating to the decision of the company's personnel issues are not fundamental for him.
Formation of test results
So, we have considered when an extraordinary test of knowledge of personnel on labor protection is carried out. An important aspect of the implementation of this procedure is the consolidation of its results. In accordance with Decree No. 1/29, the results of the inspection in question are recorded in a special protocol, which is drawn up in the form of Appendix No. 1 to the Procedure approved by this legal act. If the employee successfully passes the appropriate check, then he is issued a special certificate, which is signed by the chairman of the commission that carries out the procedure in question. This certificate is drawn up, in turn, in the form of Appendix No. 2 to the Procedure approved by Resolution No. 1/29.
If an employee does not pass the test, then within a month he must try to pass it again.
Knowledge test: industry aspect
Decree No. 1/29 is a federal regulation with jurisdiction over all Russianenterprises. However, there are also a number of industry-specific sources of law that regulate, for example, conducting an extraordinary examination of the knowledge of personnel on electrical safety or on ensuring the functioning of heat supply enterprises. Thus, the implementation of relevant procedures in the field of electrical safety - when it comes to the operation of consumer installations, is regulated by the Rules approved by Order of the Ministry of Energy of Russia No. 6, adopted on 13.01.2003.
This normative act, in particular, includes provisions that determine the procedure for training employees with the necessary knowledge, as well as establishing the timing of their extraordinary and regular inspections. At the same time, the specified Order delimits the next checks into 2 varieties:
- primary;
- in fact, regular.
Organization and conduct of testing the knowledge of personnel on electrical safety, which refers to the primary, should be carried out if the employee enters the organization of the relevant sector of the economy for the first time or if the break in testing the knowledge of a specialist is more than 3 years.
The next test of the competence of electrical installation specialists should be carried out:
- if the personnel who organizes and carries out work related to the maintenance of electrical installations, performs repairs or debugging of equipment, or has the authority to issue orders - 1 time per year;
- if the personnel performing administrative and technical work is being checked, or performing functions,related to labor protection, as well as with the inspection of electrical installations - 1 time in 3 years;
When is an extraordinary test of knowledge of electrical safety personnel carried out? Regardless of when exactly the next or other previous examination of the knowledge of workers who use electrical installations is carried out, an extraordinary procedure should be carried out:
- after the introduction of new or amended rules and regulations, the jurisdiction of which extends to the consumer;
- when installing a new infrastructure or making changes in equipment schemes - but the need for verification in this case is determined based on the opinion of the technical manager;
- when a specialist is assigned to another job if his new duties require the person to study additional norms;
- in case of violation by employees of the provisions of regulations in the field of labor protection;
- at the request of the competent authorities;
- if there is a conclusion of special commissions investigating incidents or violations in the functioning of electrical equipment;
- in case of increasing the employee's knowledge to a higher category, when testing knowledge on labor protection when a specialist receives an unsatisfactory grade;
- in case there was a break in the work of an employee in his position for more than 6 months.
At the same time, the amount of knowledge within the framework of an extraordinary inspection should be determined by a specialist responsible for the condition of electrical equipment. It also determines whenunscheduled verification of the knowledge of the user's personnel of the relevant installations. If the inspection is carried out at the request of the competent supervisory authorities, as well as after incidents, then the corresponding procedure does not cancel the regular inspection in accordance with the established schedule. Moreover, this procedure can be carried out with the participation of a commission formed by state supervisory structures.
CV
So, we have studied when an extraordinary test of knowledge of labor protection requirements is carried out at Russian enterprises, as well as the next event of the corresponding type. The main federal normative act regulating these procedures is Decree No. 1/29.
At the same time, there are also industry sources of law - for example, establishing when an extraordinary test of knowledge of the personnel of a boiler room, an enterprise operating electrical installations, is carried out. These regulations may also provide for the implementation of regular inspections. At the same time, the provisions of the relevant sources of law should not contradict those defined at the federal level.
It is assumed that the knowledge acquired by specialists in the framework of inspections will be obtained by them in specialized educational organizations. Successful verification by employees is certified by separate documents.
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