Sample order for training an employee in labor safety

Legal requirements

Based on Article 225 of the Labor Code of the Russian Federation, absolutely all employees must undergo not only occupational safety training, but also testing of knowledge of occupational safety requirements. Including:

• management;
• employers are businessmen (IP).

The current rules for testing knowledge of personnel labor protection requirements were approved by a joint resolution of the Ministry of Labor and the Ministry of Education of Russia dated January 13, 2003 No. 1/29.

Also see “Introductory training on labor protection is carried out only with employees under employment contracts.”

Who should be trained?

As we noted above, creating safe working conditions is the direct responsibility of the employer. The employee, in turn, must attend occupational safety classes (this condition should be specified in the employment contract of each employee).

As Order 1-29 states, all employees of the enterprise (including the director) must undergo labor protection training. At the end of the training, their knowledge is tested.

According to Article 225 of the Labor Code of the Russian Federation:

• employees who are employed for the first time are required to undergo occupational safety training, learn safe working methods, and also gain knowledge of the rules for providing first aid to victims;
• For employees whose working conditions are harmful or dangerous, the employer must conduct classes followed by internships and organize exams. At the same time, workers should be trained and their knowledge tested regularly, throughout the entire period of their work;
• The state provides support to organizations for the purpose of qualified training of specialists in the field of occupational safety. It provides assistance in these matters to educational institutions that provide such services.

Of course, the employee is not required to give his consent to attend classes. But he must understand that his refusal may cause removal from work or even termination of the employment contract (Article 76 of the Labor Code of the Russian Federation).

Order form

The Ministry of Labor of the Russian Federation has not developed a mandatory form for an order to test knowledge of labor protection at an enterprise. There is also no order form recommended by this department. Therefore, when issuing it, it is necessary to be guided by the general rules for issuing such orders adopted at the enterprise.

The following shows an approximate example of an order to test knowledge of labor protection, which, if necessary, can be modified to suit the needs of a specific organization:

Also see “Sample order on organizing work on labor protection”.

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07.09.2017

How to correctly fill out an order for training

To organize the process, an order should be approved to conduct labor safety training for the organization’s employees. There is no standard form for such documents; there are only recommendations. When issuing orders, they are usually guided by the usual rules of execution for a particular institution.

What to remember when creating the form:

• the boss’s order must have clear, specific instructions;
• It is important to indicate all employees involved in the briefing and program of the event. These individuals are responsible for conducting and developing scenarios and lectures;
• the list of those present at the briefing is formed based on the duties performed in the institution;

Responsibilities of employers in the field of labor protection

• The document should indicate which personnel are exempt from attending the initial training. This list is compiled with caution, after analyzing the possible consequences. Only representatives with an exceptional profession and position can take a place on such a list - the majority of employees must undergo training;
• We should also not forget about issuing another order. This is an act on the creation of a special commission that will conduct an audit for memorizing the acquired knowledge. This document can be drawn up in any form;
• The results of the briefing should be documented in protocols. Persons who successfully complete the training and master the material receive a certificate. It is signed and certified by the chairmen of the commission. The result of the check is entered into the personal file and card of each employee.

If the head of any department trains his subordinates, then initial and repeated training should be carried out in special centers where they prepare programs. If this duty is performed by another employee, then the immediate head of the department studies the instructions within the enterprise. It is possible not to send all the personnel to the training center, but only individual units - the highest level. This procedure will allow you to use your budget economically, optimize the safety training mechanism and involve employees from all departments in the process. The frequency of such lectures is once every 2-3 years. The program consists of 40 hours of lectures.

Necessary documents for organizing training

Labor protection instructions listing the type of work and professions are formed in accordance with staffing schedules. Each specialist employed in the company is required to study safety precautions for their type of work. The list of people who will be divided into groups and undergo training also depends on the position. The director of the company can take over the control procedure or delegate it to the head of the labor protection department.

Managers determine the duration, content and form of personnel training themselves, taking into account the regulations that regulate the safety of individual areas of the enterprise. The service employee uses existing occupational safety training plans as a template for developing the scenario.

Important! Preschool educational institutions and other municipal institutions are no exception. To conduct labor safety briefings, a corresponding order should be issued listing all participants and a commission should be appointed in the person of the school director.

The study of the instructions ends with an oral or written survey, which should reflect the acquired skills in safe work and providing medical care in cases of electric shocks.

Example of an order to create a commission

How to draw up a labor protection order

This order does not have a standard unified template, but despite this, it should not cause any particular difficulties in drafting. It can be written either in any form or according to a template developed within the enterprise (which must be approved in its accounting policy).

The order must necessarily contain a number of necessary information:

• company information,
• number and date of compilation,
• position and surname of the responsible person,
• a complete list of functions that are assigned to him within the framework of labor protection at the enterprise.

If necessary, the order may contain a link to the application (for example, a job description).

Documents for referral

Labor legislation does not provide for a specific algorithm for sending an employee to study and does not oblige the organization to have a corresponding local regulation. However, if we are talking about education at the expense of the enterprise, then the employer is interested in the most correct execution of related documents. We list the main ones:

1. Agreement with a licensed educational service provider.
2. Order to send an employee to study.
3. Agreement with the employee to receive additional education.

The first two documents are fundamentally important if the employer plans to exempt fees for educational services from personal income tax in accordance with clause 21 of Art. 217 of the Tax Code of the Russian Federation. As for the agreement with the employee, this document is intended to protect the employer from financial losses, in accordance with Art. 249 of the Labor Code of the Russian Federation, in case of dismissal of an employee

Organization of the educational process

Occupational safety classes can be organized in the following ways:

1. The employee is sent by his employer to an educational institution with which an agreement has been concluded for the provision of educational services. The condition for training an employee in occupational safety must first be stated in the employment contract or in the agreement thereto. According to the rules, the employer bears all the costs associated with training a person, so it will be completely free for the employee.
2. The employer assumes all responsibilities for organizing the educational process and issues an order on organizing labor safety training. Specialists responsible for training enterprise employees are appointed. They are instructors and occupational safety engineers. A curriculum is developed and agreed upon.

Upon completion of classes, the employee takes an exam. Successful passing allows him to begin an internship and subsequent work.

Information that must be displayed in the document

The order must contain the following:

• full name of the organization;
• document title;
• where the order was drawn up;
• registration number;
• the date the document was drawn up;
• an indication of the article of the Labor Code of the Russian Federation and the reason why the production need arose;
• Full name of the person who is going to be sent;
• his position;
• duration of study (start date and end date);

• full name of the educational institution;
• argumentation of the need for training;
• conditions of training;
• amount of tuition fees;
• amount of compensation;
• Full name of the person responsible for the studies;
• registration number of the employment contract or additional the agreement on the basis of which the referral is made;
• signature of the person being referred;
• director's signature;
• signature of a HR specialist;
• signature of the chief accountant.

If an organization plans to send several employees for advanced training, then a single document is drawn up with a list of all names. If an employee must go to another region/city for training, an additional order for his business trip is issued.

Forms of advanced training

According to clause 41 of the Standard Regulations, an employee can improve his qualifications:

• taking time away from work;
• without interrupting work activities;
• partially taking time away from work;
• according to an individual form of training.

According to Art. 187 of the Labor Code of the Russian Federation, if an employee is sent to study, taking him away from work, then he must retain his place of work, his position and average salary. If an employee was sent to study in another region, then he must be paid not only travel expenses, but also the average salary for the entire period of being on a business trip.

If an employee improves his qualifications without interrupting his work activity or partially interrupting it, then he must receive a salary for the time actually worked. If an employee studies and works at the same time, then according to Art. 91 of the Labor Code of the Russian Federation, the total working time should not exceed the daily norm.

The procedure for appointing those responsible for labor protection

Organization of labor protection at an enterprise is a multi-stage process.

1. First, the company's management selects an employee or group of employees who are responsible for monitoring the safety of production processes, fire, environmental, and electrical safety.
2. Further, by a separate order, each of them is assigned responsibility for labor protection in a particular area (department, structural unit) in one direction or another (fire, environmental, electrical safety, etc.). Deputies are included in the same order, who, if anything happens, must replace those responsible for security.
3. An additional document regulating the duties, rights, and working conditions of those responsible for safety is their job description, which also needs to be developed and approved by management.

The list of functions, as a rule, includes working with personnel to familiarize themselves with the rules, methods of labor protection (conducting briefings), monitoring compliance with safety measures in the workplace, resolving emerging emergency situations, maintaining special journals, etc. documentation, conducting control personnel testing, reporting to management, etc.

4. It should be noted that the employee responsible for occupational safety must receive a supplement to the basic salary, in addition, an additional agreement must be drawn up to his employment contract appointing him responsible for organizing safety at work.