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.
Commission for extraordinary knowledge testing
In order to understand the requirements for the commission for an extraordinary test of knowledge of work at height, it is necessary to refer to three documents: the mentioned Resolution and Rules, as well as the explanatory letter of the Ministry of Labor of Russia dated January 14, 2021 N 15-2/10/B-167 .
Thus, according to the opinion of the Ministry of Labor:
— Requirements for the composition of the commission are contained in the Resolution. Let us remind you that the commission must include at least 3 specialists.
— Requirements for the level of competence of the commission, as well as requirements for the form of knowledge testing, are contained in the relevant Labor Safety Rules. Thus, according to the Labor Safety Rules when working at height, the knowledge testing commission includes specialists with group 3 on safety of work at height.
At the same time, to conduct an extraordinary test of knowledge of safe methods and techniques for working at height, the employer has the right to choose one of two options.
Option 1: Appoint a commission from among the company’s employees. However, persons appointed to the commission, in connection with the release of new Rules, must undergo training in organizations that carry out the functions of training employers and employees on labor protection issues.
Option 2: Involve an educational organization to conduct an extraordinary test of knowledge of safe methods and techniques for working at height.
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.
Who needs to take an extraordinary knowledge test?
The following events may serve as grounds for conducting an extraordinary test of knowledge of working at height:
1. When new Labor Safety Rules, regulations are introduced or changes and additions are made to them.
Let us remind you that in terms of work at height, such a change occurred on January 1, 2021 due to the cancellation of the previously in force Order of the Ministry of Labor of Russia No. 155n dated March 28, 2014 and the entry into force of Order of the Ministry of Labor of Russia No. 782n dated November 16, 2020.
2. When commissioning new equipment and changes in technological processes that require additional knowledge on labor protection for workers.
3. When assigning or transferring employees to another job, if new duties require additional knowledge on labor protection.
4. At the request of officials of control [supervisory] bodies.
5. After accidents and incidents that have occurred. And also when identifying repeated violations by employees of the organization of the requirements of regulatory legal acts on labor protection.
6. If there is a break in work in this position for more than one year.
Thus, in connection with the entry into force of Order 782n, all workers who have a valid certificate of admission to work at height at the time the Order comes into force must undergo an extraordinary test of knowledge on work at height.
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.
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.
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Extraordinary testing of knowledge on labor protection: in what cases is it carried out?
Good afternoon, colleagues! The question came from Yulia: “In what cases is an extraordinary test of knowledge on labor protection carried out?”
According to the resolution of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 No. 1/29 “On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations” (hereinafter referred to as the Procedure), an extraordinary test of knowledge of labor protection requirements for employees of organizations, regardless of the period the previous inspection is carried out:
- when introducing new or making changes and additions to existing legislative and other regulatory legal acts containing labor protection requirements;
- when commissioning new equipment and changes in technological processes that require additional knowledge on labor protection for workers;
- when assigning or transferring employees to another job, if new duties require additional knowledge on labor protection (before they begin to perform their job duties);
- at the request of officials of the Federal Labor Inspectorate, other bodies of state supervision and control, as well as federal executive authorities and executive authorities of constituent entities of the Russian Federation in the field of labor protection, local government bodies, as well as the employer (or a person authorized by him) when establishing violations of the requirements labor protection and insufficient knowledge of occupational safety and health requirements;
- after accidents and incidents that have occurred, as well as when repeated violations by employees of the organization of the requirements of regulatory legal acts on labor protection are identified;
- if there is a break in work in this position for more than one year.
The employer determines the scope and procedure for an extraordinary knowledge test. The list of persons who need to undergo this check may be determined by the organization’s local regulations. The Ministry of Labor of Russia, in letter No. 15-2/OOG-3728 dated October 21, 2021, explains that employees can undergo an extraordinary knowledge test in the organization itself: the employer issues an order to create a commission to test knowledge of labor protection requirements.
All members of the commission must undergo training and testing of knowledge on labor protection in a training center that is accredited to provide this type of service. In accordance with clause 3.6 of the Procedure, the results of testing knowledge of labor protection requirements for the organization’s employees are documented in a protocol. During extraordinary inspections, a protocol is also drawn up. Employees who have not undergone training and knowledge testing on labor protection in accordance with the established procedure are not allowed to work.
For violation, an employer-legal entity faces a fine of 110 to 130 thousand rubles.
MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION
LETTER
dated October 21, 2021 N 15-2/OOG-3728
The Department of Labor Conditions and Safety considered, within its competence, the appeal received on the official website of the Ministry of Labor and Social Protection of the Russian Federation on an issue related to an extraordinary test of knowledge of labor protection requirements, and reports the following. Currently, the normative legal act regulating the procedure for training in labor protection is Resolution of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 N 1/29 “On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations” ( (hereinafter referred to as “Order”). According to clause 3.3 of the Procedure, an extraordinary test of knowledge of labor protection requirements for employees of organizations, regardless of the period of the previous test, is carried out, in particular, when introducing new ones or making changes and additions to existing legislative and other regulatory legal acts containing labor protection requirements. In this case, knowledge of only these legislative and regulatory legal acts is tested. The scope and procedure for an extraordinary test of knowledge of labor protection requirements are determined by the party initiating it. Taking into account the above, it seems that the procedure for conducting an extraordinary test of knowledge of requirements when introducing new or making changes and additions to existing legislative and other regulatory legal acts containing labor protection requirements, as well as the list of persons who must pass this test, can be determined by local regulations act of organization. At the same time, we consider it possible for employees to undergo this test of knowledge of labor protection requirements in the commission for testing the knowledge of the organization itself. We also inform you: in accordance with clause 3.6 of the Procedure, the results of testing knowledge of the labor protection requirements of the organization’s employees are documented in a protocol in the form in accordance with Appendix No. 1 to the Procedure. It should be noted that the above norm also applies to the procedure for processing the results of an extraordinary test of knowledge of labor protection requirements.
Deputy Director of the Department of Labor Conditions and Safety P.S. SERGEEV
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