According to Article 2121 of the Labor Code, the employer must ensure the safety of the employee while he performs his job duties. To do this, he must, first of all, be trained in safe techniques and methods of performing work. The organization of such training is the responsibility of the employer. The procedure for its implementation is regulated by the provisions of the joint order of the Ministry of Education and the Ministry of Labor dated January 13, 2003 N 1/29 .
Testing knowledge on OT
The training of workers in this important area consists of two components: training and knowledge testing based on its results. The order in which it is carried out will depend on where the employee was trained in occupational safety knowledge and skills:
- for representatives of blue-collar professions, the inspection is carried out by the immediate supervisor of work in the organization;
- for managers and specialists who have undergone training at the employing organization, the inspection is carried out by a specially created commission, which includes the head of the company, an occupational safety specialist, the head of the department where the employee works, the chief specialist in this area, as well as representatives of the trade union organization, if it is available at the enterprise;
- For managers and specialists who have undergone training in an authorized educational organization, knowledge testing is carried out by such an organization. It is carried out by a commission, which includes the head of the educational institution and full-time teachers. It may also include specialists from supervisory and control bodies, federal and regional executive authorities, local government and other state and municipal bodies, if their participation in the commission’s activities is agreed upon with the training center and the parent organization.
The commission in the organization itself or in the training center should consist of a chairman, his deputies, a secretary and ordinary members. It is advisable to make the number of commission members odd, as this will simplify the decision-making procedure in case they need to be made by voting. It must be taken into account that training centers are allowed to evaluate the knowledge of only those employees who have been trained in these organizations.
The procedure for conducting an extraordinary knowledge test
An extraordinary test of knowledge is a very delicate matter; for example, if new regulations on labor protection have come into force, then before taking the exams, members of the commission must undergo training at a training center.
Only after this should we organize training and knowledge testing at the enterprise. And also, there will be appropriate instruction on the same topic with a journal entry.
Next, the documents necessary to conduct an extraordinary knowledge test are prepared; if they are not available, the actions can be challenged in court.
Order to conduct an extraordinary knowledge test
An administrative document, in this case an order to conduct an extraordinary test of knowledge on labor protection, is prepared without fail and it indicates:
- reason for holding;
- persons who need to appear for the examination;
- date, time and place of the examination;
- consequences in case of unsatisfactory results.
The employee must be notified and familiarized with his signature at least 15 days before the exam.
Depending on how the exam will be held, orally, using pre-prepared tickets, or using training and control systems, preliminary training is carried out with attendance at classes, or questions are issued with tickets, or access to an electronic learning system is provided for self-preparation.
In this case, there is no need to create a new commission; one that conducts preliminary and periodic testing of knowledge is sufficient. The main thing is that all members of the commission undergo training at the training center and at least three people attend the exam.
By clicking on the link, you can download the order to conduct an extraordinary knowledge test on labor protection
Knowledge Test Protocol
The results of the test, positive or negative, must be recorded in the protocol.
The signature of the person being tested must appear in the protocol if he “failed” the extraordinary knowledge test. If he refuses to sign the protocol, then he must indicate “Refused to sign” and be signed by at least three members of the commission.
If necessary, two copies of the protocol can be prepared if the person being checked needs such information.
In case of a positive result, a certificate is issued to test knowledge of labor protection requirements and the employee can begin to perform his job duties with a sense of accomplishment.
Organization of inspection
During the inspection, the responsible bodies or persons monitor whether the certified workers have the following knowledge:
- for representatives of blue-collar professions - theoretical knowledge and practical skills in labor protection related to direct job responsibilities, as well as skills in providing first aid to persons injured at work. The amount of knowledge required in this area is determined by the content of the current rules and instructions. If necessary, due to the nature of their job responsibilities, employees are also checked for knowledge of additional requirements in the field of safety and labor protection;
- for management and mid-level representatives - knowledge of the norms and rules contained in the current legislation on occupational safety, compliance with which is determined by the nature of their job responsibilities.
Knowledge testing is carried out in any form agreed with the employer - for example, in the form of an oral exam with traditional tickets or computer testing. The results of the certification are documented in a standard protocol: the form of such a document is given in Appendix No. 1 to Resolution No. 1/29. Employees who have completed the entire training course and successfully passed the certification receive a certificate of passing the occupational safety knowledge test. The certificate form is given in Appendix No. 2 to the said resolution.
If the employee fails the exam or is not tested, he will be given a second attempt. It must be organized within a period not exceeding one month from the date of initial certification.
Liability and fines if employees do not have a labor safety certificate?
Fines and sanctions for violation of labor protection legislation are provided for in Art. 5.27 Code of Administrative Offenses of the Russian Federation:
№ | Description of the offense | Sanctions on officials | Sanctions on the company | Rules of law |
1 | Violation of state regulatory requirements for labor protection, with the exception of cases provided for in Parts 2 - 4 of Art. 5.27.1 | Fine in the amount of 2,000 to 5,000 rubles | Fine in the amount of 50,000 to 80,000 rubles | Part 1 art. 5.27.1 Code of Administrative Offenses of the Russian Federation |
2 | Violation by the employer of the established procedure for conducting a special assessment or failure to conduct it | Fine in the amount of 5,000 to 10,000 rubles | Fine in the amount of 60,000 to 80,000 rubles | Part 2 art. 5.27.1 Code of Administrative Offenses of the Russian Federation |
3 | Admission of an employee to perform job duties without undergoing training and testing knowledge of labor protection requirements, as well as mandatory medical examinations or in the presence of medical contraindications | Fine in the amount of 15,000 to 25,000 rubles | Fine in the amount of 110,000 to 130,000 rubles | Part 3 art. 5.27.1 Code of Administrative Offenses of the Russian Federation |
4 | Failure to provide workers with personal protective equipment | Fine in the amount of 20,000 to 30,000 rubles | Fine in the amount of 130,000 to 150,000 rubles | Part 4 art. 5.27.1 Code of Administrative Offenses of the Russian Federation |
5 | Committing administrative offenses provided for in parts 1 - 4 of Art. 5.27.1, by a person previously subjected to administrative punishment for a similar administrative offense | Fine in the amount of 30,000 to 40,000 rubles or disqualification for a period of one to three years | A fine of 100,000 to 200,000 rubles or administrative suspension of activities for up to ninety days | Part 5 art. 5.27.1 Code of Administrative Offenses of the Russian Federation |
*Excerpt from Art. 5.27 of the Code of the Russian Federation on Administrative Offenses
In case of repeated violation of labor protection requirements at the enterprise, disqualification occurs for a period of 1 to 3 years.
The presence of occupational safety certificates gives the employer protection from liability in the event of emergency situations related to the safety of employees and their consequences:
- fines;
- imposition of administrative and criminal liability;
- suspension of activities.
certificate can conduct briefings, train other employees, and also be responsible for .
Who should be certified in labor protection?
All employees of each enterprise must undergo occupational safety training and knowledge testing of occupational safety requirements in accordance with Art. 225 TKRF.
Training in an accredited training center in the field of occupational safety must be completed by:
- managers;
- specialists responsible for labor protection at the enterprise (organization).
The remaining employees are trained at the enterprise itself with the participation of a previously created commission from among employees trained in accredited training centers, who were issued certificates of the appropriate type.
An employee who has been issued an appropriate occupational safety certificate can conduct briefings, train other employees, and also be responsible for labor protection.
In September 2015, our training center received Accreditation from the Ministry of Labor of the Russian Federation No. 4025 , which gives us the right to train employers and employees in the basics of labor protection.
Cost of services for obtaining an occupational safety certificate for managers and specialists
Tuition fee, rub. | Course duration | Validity period of the certificate |
from 3 500 | 40 hours | 3 years |
Cost of services for obtaining a certificate of labor protection for blue-collar workers
Tuition fee, rub. | Course duration | Validity period of the certificate |
from 3 000 | 20 hours | 1 year |
Occupational Safety and Health Training Program
Name of modules and topics |
Occupational Safety and Health |
Basic provisions of labor legislation. Local regulations containing labor law norms |
Basic principles of labor protection |
State administration and supervision of labor protection |
Occupational safety management in an organization. Local regulations of the organization |
Training, knowledge testing and certification of workers on labor protection |
Psychology of safe work |
Social insurance against industrial accidents and occupational diseases |
Work with harmful and (or) dangerous working conditions, heavy work: guarantees, compensation, restrictions |
Special assessment of working conditions. Certification of labor protection works |
Occupational health |
Ensuring safety during the operation of buildings and structures |
Interim certification |
Electrical safety requirements |
Organization of work with increased danger |
Ensuring safety during vehicle operation |
Providing first aid to victims of accidents |
Investigation and recording of industrial accidents |
Investigation and recording of occupational diseases |
Prevention and localization of accidents. Actions of workers in emergency situations |
Responsibility for violation of labor and labor protection legislation |
Ensuring safe working conditions |
final examination |
List of documents required for certification:
- Details of your company.
- Application for each specialist.
- His length of service at your company.
After a specialist has completed training and certification in labor protection, our training center will issue him a certificate of testing knowledge of labor protection requirements, drawn up according to the standard template for everyone.
You can ask all your questions about training and certification in occupational safety and health to the employees of ProExpert LLC by phone: 8 800 700-02-26
Upon completion of the training course, the training center issues
certificate of testing knowledge of labor protection requirements of the established form.
For questions regarding occupational safety training, you can contact the specialists of ProExpert LLC by phone.
Labor safety training for employees
When hired, an employee undergoes training as part of his job responsibilities no later than one month from the date of employment. Training is carried out upon appointment to a new position, upon transition from one organization to another, and if the break in work was more than 1 year.
After appointment to a new position, the employee is allowed to work, having previously familiarized him with his job responsibilities, including the section on labor protection, local regulations and working conditions in force at the enterprise.
Employees are trained in labor safety in special vocational educational institutions or training centers that have the necessary licenses.
Employees are trained in industrial safety in educational institutions that have a license to carry out educational activities in the field of additional education. prof. education on industrial safety. Managerial employees are required to undergo occupational safety certification in educational institutions that have received a license from the Ministry of Education of the Russian Federation.
In accordance with the Regulations on the system of continuous training, knowledge testing and certification on labor protection of employees of organizations, educational institutions must have the necessary educational and material base, must be provided with information and methodological support for conducting theoretical and practical lessons on labor protection in full accordance with the developed educational programs and recommendations.
After training at an educational institution, employees receive a state-issued certificate or in the form established by the Department of Labor. Employees who have trained in industrial safety and passed the exam are issued by the educational institution with a certificate of completion of training in the field of industrial safety.
Benefits of studying with us
We work with partner training centers
We are a partner of the examination center for certification of non-destructive testing specialists
We organize training in more than 250 programs
Inclusion of specialists in LDCs
We organize distance learning 24/7
Material and technical base
Extraordinary certification of workers' labor protection is carried out in the following cases:
1. If new laws or other regulatory documents in the field of labor protection have been changed, supplemented or introduced.
2. If the technological processes during work were changed, new equipment was introduced, new materials or raw materials began to be used, requiring additional knowledge in the field of labor protection.
3. If the employee has been transferred to a new position that requires different or broader knowledge in the field of labor protection.
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Timing of the inspection
As a general rule, the timing of organizing a knowledge test on occupational safety is linked to the timing of training for employees. Therefore, in accordance with Resolution No. 1/29, certification is organized:
- for representatives of management and mid-level employees - at least once every 3 years;
- for representatives of blue-collar professions - at least once a year. The increased frequency of monitoring is due to greater risks in their work, since employees in this category are exposed to more intense exposure to harmful production factors.
Such inspections are carried out routinely according to a pre-approved schedule.
What confirms the results of the knowledge test?
All work of the commission will be reflected in the minutes. Includes class dates, instructor details, number of exams taken, and test results. The affected employees are temporarily removed from their usual work duties. The director changes his work schedule. As soon as a citizen successfully passes the exam, he will be immediately reinstated.
Certificate of a citizen who has successfully passed occupational safety exams
The commission will issue all citizens who pass the test the appropriate certificates containing the test results and the signature of the chairman with the seal of the company. If the exam is failed, you can retake it a month later. During the period of forced downtime, the employee’s salary is not accrued.
Knowledge of occupational safety is necessary to improve existing working conditions and maintain safety. Adults devote a lot of time to work every day. They should be taken care of by competent colleagues responsible for the company’s occupational safety and health system. In addition, all personnel are required to know the basics of occupational safety. Their qualifications are checked periodically.
Unscheduled inspections
However, in some cases, the employer needs to conduct an unscheduled test of the knowledge of its employees in the field of occupational safety. An exhaustive list of such situations is given in paragraph 3.3 of resolution No. 1/29. The procedure for conducting an extraordinary test of an employee’s knowledge provides for the following circumstances:
- introducing changes or additions to existing regulatory documents governing labor protection issues, or adopting new legal acts in this area. In this situation, the test is organized in a truncated format - during it only knowledge of the new rules is assessed;
- commissioning of new equipment or transition to a new production technology, which requires workers to have additional knowledge in the field of safety. In this situation, only knowledge associated with the relevant changes is also subject to control;
- transfer or assignment of an employee to another job, if it requires him to know additional labor safety standards and regulations not provided for by his previous position. The employee must undergo a background check before taking on new duties;
- receipt by the employer of a request to conduct an extraordinary inspection by federal or regional executive authorities, local governments, the State Labor Inspectorate or other state control and supervision bodies;
- initiative of the employer, who has identified insufficient knowledge of occupational safety among employees or facts of violation of current safety requirements;
- accident or accident at work;
- detection of facts of repeated violations by employees of legislative norms on occupational safety;
- a break in work in a specific position or specialty lasting more than a year.
In the above circumstances, knowledge control is carried out regardless of the date of the previous scheduled inspection. At the same time, an extraordinary knowledge test does not cancel the next one.
According to the general rule, stated in paragraph 3.3 of Resolution No. 1/29, the content of inspection activities is determined by the entity that initiated them - for example, the employer or the territorial division of the State Labor Inspectorate. To organize an extraordinary knowledge test, the order of the head of the company specifies the scope and procedure for its implementation.
Do you have any questions or need occupational safety training? Contact us by filling out the form below:
Extraordinary labor safety inspection
In a number of cases, regardless of the period of the previous inspection, company employees undergo an extraordinary inspection, which, according to clause 3.3 of the Rules, is carried out in the following cases:
- when there are changes in legislation containing labor protection standards (the check should be carried out only in relation to the amended regulations);
- when commissioning new equipment, changes in production technology related to new labor protection requirements (checking should be carried out in relation to these new requirements);
- when assigning or transferring employees to a new job, if the work requires new knowledge of labor protection (before the start of work in the position);
- as prescribed by supervisory authorities;
- at the request of the employer when facts of violations of labor safety standards are identified and employees lack sufficient knowledge;
- after accidents that occurred at work, repeated violations of labor safety standards by employees;
- with breaks in work for more than a year.