When is an extraordinary audit of the knowledge of labor protection personnel carried out?
In accordance with the legislation of the Russian Federationcompany-employers must check their employees' knowledge in the field of labor protection. At the same time this event can be another or an extraordinary one. What is the specificity of both types of checks? What are the deadlines for the relevant procedures?
Personnel knowledge testing: regulatory legislation
The main source of law, which determines whenan extraordinary examination of the personnel's knowledge and regulating many other important personnel issues is carried out - Decree No. 1/29 adopted by the Ministry of Labor and Social Development and the Ministry of Education of the Russian Federation on January 13, 2003. In this regulatory act, the procedure for training Russian employees in the field of labor protection has been approved. The question is when an extraordinary examination of the personnel's knowledge is carried out is one of the aspects of the work of human resources specialists in this direction. Before considering it in detail, we will study the general rules of law that determine how an employer company should build a training system, as well as verify the competence of employees in the field of labor protection.
System of testing knowledge on safety of work: nuances
Directly under the protection of labor inthe legislation of the Russian Federation is understood as the systematic work of the competent specialists of the employer company, which is aimed at ensuring the safety and health protection 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, curative, preventive, rehabilitation.
Organization and conduct of knowledge testingpersonnel must be carried out necessarily in relation to 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 learn and confirm his knowledge. New employees coming to work for the company should also undergo the necessary instruction and training on various issues of labor protection.
Resolution No. 1/29 presupposes 2 procedureschecking competence of specialists: regular and extraordinary. Check of the first type should be carried out not less often, than 1 time in 3 years. In turn, an extraordinary audit of staff knowledge on labor protection issues should be carried out:
- after the appearance of new provisions in regulatory enactments establishing labor protection requirements or after making changes to them;
- after the start of use in the enterprisenew equipment, as well as making some changes in the production processes, which may require additional knowledge for employees for safe work;
- at the request of representatives of the Labor Inspectorate and other competent state and municipal bodies;
- after accidents and incidents;
- when violations of labor protection rules that have been repeatedly committed by employees are revealed;
- in case of a break in the exercise of a person's labor activity in his position lasting more than 1 year.
The examination of knowledge in the field of labor protection is carried out on the basis of the fact that the employee undergoes special training. Let's consider its features in more detail.
Training in labor protection
Procedure for conducting an extraordinary knowledge checkpersonnel is established on the basis that the relevant knowledge of the company's employees was obtained through participation in a 40-hour training program outside of its workplace. This training can be conducted in the company itself, or in a third-party educational institution.
The 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 has 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 organization of work in the enterprise, carry out control, necessary technical supervision;
- specialists who work in labor protection services established by the employer company;
- representatives of labor protection committees;
- authorized persons from trade unions and other structures representing the interests of employees;
- Representatives of authorities competent in matters of labor protection;
- pedagogical workers of organizations inwhich are taught programs of primary, secondary, higher and additional education, related to the disciplines that are related to labor protection issues;
- Representatives of commissions that conduct knowledge checks on labor protection issues;
- Representatives of various groups of mixed personnel who deal with occupational safety issues.
Thus, programs can befor ordinary specialists, as well as for managers, persons competent in resolving the issue - when an extraordinary examination of the knowledge of personnel on labor protection issues is conducted, which can represent both the firm itself and partner organizations or competent authorities.
The training programs developed by these or othersubjects of relations in the field of labor safety, should be coordinated within the mechanisms established by law. Thus, training organizations coordinate work plans with authorities. Those programs for which training is conducted in an individual organization are approved by the supervisor.
Format of training
Directly training in accordance withapproved programs are held in full-time in the afternoon or in the evening in the format of lectures, seminars, various business games. During the training, some methods of organizing independent work can be used, in which, for example, special computer programs can be used. It is also possible to apply distance learning methods, if possible and optimal, from the point of view of the students' learning of the content of the programs.
The first competence check
When an extraordinary check of knowledge on labor protection received by a person within the framework of training in the format in question is being conducted, we already know. But when is the first regular event held?
In many cases, this check is carried outimmediately after passing the courses by the students of the relevant programs. Usually, for these purposes, the management of the employer company issues a special order, according to which a special commission is formed, responsible for carrying out the verification in question. It should include at least 3 specialists who have undergone special training on programs, adapted just for the representatives of the relevant commissions.
In addition, similar structures can alsoform and directly in the training organizations. They should include managers, teachers, in some cases representatives of competent authorities dealing with labor protection issues. It can be noted that the testing of knowledge of specialists by training organizations is carried out only if they have been trained in the relevant structures. If the test is successful - a person receives a certificate confirming that he has the necessary knowledge.
So, now we know how the training is conductedon occupational safety programs, as well as when an extraordinary examination of the knowledge of personnel in this area is carried out. There are many nuances that characterize the procedure in question. Consider them.
Knowledge Testing: Nuances
How is the relevantverification, also governs Resolution No. 1/29. So, in this normative act it is said that the theoretical knowledge on labor protection of employees should be checked directly by their managers. At the same time, the amount of relevant knowledge is established on the basis of the provisions of the rules, as well as instructions that an employee should familiarize with to begin work in his position. In a number of cases, the amount of knowledge is increased due to additional labor protection requirements, which are supposed to be examined by a company employee before starting work.
As a rule, the procedure under consideration is carried outduring off-hours. This is optimal, from the point of view of ensuring the uninterrupted operation of the enterprise: when an extraordinary check of the knowledge of the personnel, the consumer of goods or services supplied by the organization is conducted, it should not be of interest. He comes to the firm to purchase the right product or service, and the moments concerning the decision of the personnel issues by the enterprise are not of principle for him.
Execution of inspection results
So, we looked at whenan extraordinary test of the knowledge of personnel on labor protection. 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 review 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. In case the employee successfully passes the appropriate verification, he is given a special certificate, which is signed by the chairman of the commission that is carrying out the procedure under consideration. 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.
Knowledge testing: the industry aspect
Resolution No. 1/29 is a federalnormative act, the jurisdiction of which applies to all Russian enterprises. However, there are also a number of industry sources of law that regulate, for example, an extraordinary check of the knowledge of the personnel on electrical safety or to ensure the operation of heat supply enterprises. Thus, the implementation of appropriate procedures in the field of electrical safety - in the case of the operation of consumer installations, is regulated by the Rules approved by the Order of the Ministry of Energy of Russia No. 6, adopted on January 13, 2003.
This normative act, in particular, includesprovisions that determine the order of training of employees with the necessary knowledge, as well as establishing the terms for conducting their extraordinary and regular inspection. At the same time, the specified Order divides the next checks into 2 varieties:
- Actually, the next.
Organization and conduct of knowledge testingof the electrical safety personnel that belongs to the primary one must be implemented if the employee enters the work in the organization of the relevant branch of industry for the first time or in case the break in the examination of the specialist's knowledge is more than 3 years.
The next check of the competence of specialists in electrical installations should be carried out:
- in the case of checking the personnel whoorganizes and carries out works related to the maintenance of electrical installations, performs repairs or debugging, equipment, or has the authority to issue outfits - once a year;
- if the personnel performing theadministrative and technical work, or carries out functions related to labor protection, as well as with the inspection of electrical installations - every 3 years;
When an extraordinary test of knowledge is conductedof electrical safety personnel? Regardless of when exactly the next or another previous examination of knowledge of employees who use electrical installations is carried out, an extraordinary procedure should be conducted:
- after the introduction of new or amended rules and regulations, whose jurisdiction 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 in the event that his new duties require the study of additional norms by the person;
- in case of violation by employees of the provisions of normative acts in the field of labor protection;
- at the request of the competent authorities;
- in the presence of the conclusion of special commissions investigating incidents or violations in the operation of electrical equipment;
- in the case of raising the knowledge of the employee to a higher category, in the performance of the examination of knowledge on labor protection when the specialist receives unsatisfactory evaluation;
- in the event that in the work of an employee in his position a break occurred lasting more than 6 months.
Moreover, the amount of knowledge in the framework of the extraordinarycheck should be determined by a specialist responsible for the condition of electrical equipment. It also determines when an extraordinary audit of the knowledge of the customer's personnel of the relevant facilities is carried out. If the inspection is carried out at the request of the competent supervisory authorities, as well as after the incidents, the corresponding procedure does not cancel the next inspection in accordance with the established schedule. At the same time, this procedure can be conducted with the participation of a commission formed by state supervisory structures.
So, we studied whenan extraordinary examination of knowledge of labor protection requirements at Russian enterprises, as well as another type of event. The main federal normative act regulating these procedures is Resolution No. 1/29.
There are also industry sourcesrights - for example, establishing when an extraordinary audit of the knowledge of boiler room personnel is carried out, an enterprise that operates electric installations. These normative acts may also imply the implementation and regular inspections. However, the provisions of the relevant sources of law should not contradict what is defined at the federal level.
It is assumed that the knowledge obtainedexperts in the framework of inspections, they will be received by them in specialized educational organizations. Successful passing of inspection by employees is certified by separate documents.