In accordance with the legislation of the Russian Federation, employing companies must check their employees' knowledge in the field of labor protection. At the same time, this event can be regular or extraordinary. What is the specificity of both types of checks? How soon should the relevant procedures be carried out?
Staff Testing: 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 is when an extraordinary check of personnel knowledge is carried out, is one of the aspects of the work of HR specialists in this direction. Before considering it in detail, we will examine the general rules of the law that determine how the employer company should build a training system, as well as tests of the competence of employees in the field of labor protection.
Occupational safety knowledge testing system: nuances
Directly, labor protection in the legislation of the Russian Federation refers to the systematic work of competent specialists of the employer company, which is aimed at ensuring safety and protecting the health of employees in the process of their labor activity. This work may include activities that can be classified as: socio-economic, organizational, technical, sanitary, hygienic, medical, preventive, rehabilitation.
The organization and conduct of tests of personnel knowledge should be carried out necessarily in relation to employees of all Russian organizations, regardless of the official legal status, as well as the ownership of the enterprise. The head of the company is also required to train and confirm their knowledge. New employees entering the work of the enterprise must also undergo the necessary briefings and training on various issues of labor protection.
Decision No. 1/29 provides for 2 procedures for checking the competence of specialists: the next and extraordinary. The verification of the first type should be carried out at least once every 3 years. In turn, an extraordinary examination of personnel knowledge on labor protection issues should be carried out:
- after the appearance of new provisions in normative acts establishing labor protection requirements or after making changes to them;
- after the beginning of the use of new equipment at the enterprise, as well as the introduction of certain changes in the production processes, as a result of which employees may require additional knowledge for safe work;
- at the request of representatives of the Labor Inspectorate and other competent state and municipal bodies;
- after accidents and incidents;
- upon detection of violations of labor protection rules repeatedly committed by employees;
- at a break in the implementation of human labor activities in his post lasting more than 1 year.
Testing of knowledge in the field of labor protection is carried out on the basis of the fact that the employee is undergoing special training. Consider its features in more detail.
Occupational Safety Training
The procedure for conducting an extraordinary examination of personnel knowledge is established on the basis that the employees obtained the corresponding knowledge during participation in a 40-hour training program outside their workplace. This training can be carried out in the company itself, or in a third-party educational institution.
Corresponding programs are formed on the basis of model provisions approved by the Ministry of Labor and Social Protection of Russia. It can be noted that this agency approved the relevant standards for:
- heads of firms, their deputies;
- employers in the status of individuals;
- managers and specialists who are responsible for the organization, management, as well as the organization of work at the enterprise, exercise control, the necessary technical supervision;
- specialists 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 in which primary, secondary, higher and further education programs are taught related to disciplines related to labor protection issues;
- representatives of the commissions that carry out knowledge tests on labor protection issues;
- representatives of various mixed groups who are involved in occupational safety issues.
Thus, programs can be drawn up for both ordinary specialists and managers, people competent in resolving the issue - when an extraordinary examination of personnel knowledge on labor protection issues is carried out, which can represent both the company itself and partner organizations or competent authorities.
Training programs developed by various subjects of relations in the field of labor safety should be coordinated within the framework of mechanisms established by law. So, training organizations coordinate work plans with authorities. Those programs for which training is conducted in a single organization are approved by the head.
Training format
Direct training in accordance with the approved programs is carried out in full-time in the afternoon or in the evening in the form of lectures, seminars, various business games. During the training, certain methods of organizing independent work can be applied, in which, for example, special computer programs can be used. It is also possible to use distance learning methods, if this is possible and is optimal from the point of view of students mastering the content of the programs.
First competency test
When an extraordinary test of labor protection knowledge obtained by a person as part of training in the format under consideration is carried out, we already know. But when is the first regular event carried out?
In many cases, this test is carried out immediately after the students have completed the courses of the respective programs. Usually, for this purpose, the management of the employing company issues a special order, in accordance with which a special commission is formed that is responsible for carrying out the audit in question. It should include at least 3 specialists who have undergone special training in programs adapted just for representatives of the respective commissions.
In addition, similar structures can also be formed directly in training organizations. They should include leaders, teachers, and in some cases, representatives of the competent authorities involved in labor protection issues. It can be noted that the knowledge testing of specialists by training organizations is carried out only if they have been trained in the appropriate structures. If the test 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 examination of personnel knowledge in this field is carried out. There are many nuances that characterize the procedure in question. Consider them.
Testing knowledge: the nuances
The manner in which the relevant inspection is carried out is also governed by Regulation No. 1/29. So, in this normative act it is said that the theoretical knowledge on the labor protection of employees should be checked directly by their managers. In this case, the amount of relevant knowledge is established on the basis of the provisions of the rules, as well as the instructions that an employee must familiarize himself with in order to start working in his position. In some cases, the amount of knowledge increases due to additional labor protection requirements that are supposed to be studied by an employee of the company before starting work.
Check Time
As a rule, the procedure in question is carried out after hours. This is optimal from the point of view of ensuring the smooth operation of the enterprise: when an extraordinary examination of the knowledge of personnel, the consumer of goods or services supplied by the organization is carried out, it should not be of interest. He comes to the company in order to acquire the necessary product or service, and the moments concerning the enterprise’s decision on personnel issues are not critical for him.
Reporting Results
So, we examined when an extraordinary examination of the knowledge of labor protection personnel is carried out. An important aspect of the implementation of this procedure is the consolidation of its results. In accordance with Resolution No. 1/29, the results of the audit in question are recorded in a special protocol, which is compiled in the form of Appendix No. 1 to the Procedure approved by this legal act. If the employee successfully passes the appropriate check, then a special certificate is issued to him, which is signed by the chairman of the commission carrying 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 the employee does not pass the test, then within a month he must again try to pass it.
Testing knowledge: industry aspect
Resolution No. 1/29 is a federal regulatory act whose jurisdiction extends to all Russian enterprises. However, there are also a number of industry sources of law governing, for example, conducting an extraordinary examination of personnel knowledge of electrical safety or ensuring the functioning of heat supply enterprises. So, the implementation of the relevant procedures in the field of electrical safety - if we are talking about 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 workers in the necessary knowledge, as well as establishing the terms for their extraordinary and regular inspection. At the same time, the specified Order delimits the next checks into 2 varieties:
- primary;
- in fact, the next.
The organization and conduct of a knowledge testing of personnel on electrical safety, which refers to the primary, should be carried out if the employee joins the organization of the relevant industry for the first time or if the interruption in the examination of specialist knowledge is more than 3 years.
The next test of competence of specialists in electrical installations should be carried out:
- if the personnel who organize and carry out work related to the maintenance of electrical installations, perform repairs or debugging, equipment, or have the authority to issue work orders are checked — once a year;
- if the personnel performing administrative and technical work, or performs functions related to labor protection, as well as inspecting electrical installations, are checked once every 3 years;
When is an extraordinary examination of the knowledge of electrical safety personnel carried out? Regardless of when exactly the next or other previous test of knowledge of employees who use electrical installations is carried out, an extraordinary procedure should be carried out:
- after the entry into force of new or amended norms and rules, the jurisdiction of which extends to the consumer;
- when installing a new infrastructure or making changes to equipment schemes - but the need for verification in this case is determined based on the opinion of the technical manager;
- when appointing a specialist to another job if his new duties require a person to study additional standards;
- in case of violation by employees of the provisions of regulatory acts 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 operation of electrical equipment;
- in the case of increasing the knowledge of the employee to a higher category, when checking the knowledge of labor protection when a specialist receives an unsatisfactory assessment;
- if there is a break in the employee’s work in the position held by him for more than 6 months.
In this case, the amount of knowledge in the framework of an extraordinary check should be determined by the specialist responsible for the condition of the electrical equipment. It also determines when an extraordinary examination of the knowledge of the consumer personnel of the relevant installations is carried out. If the inspection is carried out at the request of the competent supervisory authorities, as well as after incidents, the corresponding procedure does not cancel the next 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.
Summary
So, we studied when an extraordinary test of knowledge of labor protection requirements at Russian enterprises is carried out, as well as another event of the corresponding type. The main federal normative act regulating these procedures is Resolution No. 1/29.
At the same time, there are also industry sources of law - for example, establishing when an extraordinary examination of the knowledge of the personnel of a boiler house, an enterprise operating electrical installations is carried out. These regulations may also require the implementation of regular inspections. Moreover, the provisions of the relevant sources of law should not contradict those that are 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 completion of the audit by employees is certified by separate documents.