Repeated and unscheduled training on labor protection

To date, significant attention has been paid by the state and supervisory bodies to issues of organization, safety and labor protection in the workplace. Due to the fact that the entire responsibility for this falls on the shoulders of the employer, he is also responsible for the conduct of briefings.

They should be held regularly with all employees of the enterprise in individual or collective form. In particular, an unscheduled and targeted briefing on labor protection, which will be discussed next.

Who and where holds?

The time and place of the briefings depends largely on their purpose and type. At large enterprises (in organizations) with a large staff of employees, there must be a specialist in HSE or TB, which is what he is doing. If there is no separate person, then the internal order of duty can be assigned to another employee who has received appropriate training. Directly in the office of an OT specialist (or TB), only introductory instruction is given. In this case, visual aids, video materials should be used.

Primary, target, repeated and unscheduled briefings on labor protection are always led by the head of the structural unit, that is, the one who directly manages the work (master, teacher, etc.).

Targeted briefing

In accordance with the legally adopted GOST, the target should be understood as the instruction of employees, which is carried out before conducting one-time works, directly with the duties of an unrelated employee. For example, it may be cleaning the territory (common spring and autumn subbotniks) or a one-time work outside the workshop or enterprise. In addition, unscheduled briefing is provided for during the liquidation of the consequences of a natural disaster, a catastrophe, accidents, the organization of mass events (hikes, sports competitions, excursions, etc.), as well as in the production of work requiring a work permit.

When conducting unscheduled training on labor protection

Conducting an unplanned briefing is provided in certain situations - GOST provides an exhaustive list:

1. The introduction and entry into force of revised or new regulations, standards of safety and health regulations, changes to them.
2. Violation by the employees of the enterprise and trainees of the established safety requirements resulting in injury, fire, explosion, accident, poisoning or a threat of their occurrence.
3. Conducting an unscheduled briefing on labor protection is necessary in cases when the technological process is undergoing changes, equipment, tools, raw materials are being modernized or replaced, as well as in the case of other factors that in one way or another affect the working conditions.
4. Execution of the requirements of state supervisory and supervisory bodies, in case of violations by employees of regulatory acts in the field of labor protection.
5. An unplanned instruction on occupational safety is mandatory if there is more than 30 days (calendar) for a break in work, to the safety of which special (increased) demands are made, in other situations - more than 60 days.
6. The receipt of information about accidents and accidents that occurred in organizations with similar production.
7. The decision of the employer or the person authorized to do so.

Features

According to the requirements, unscheduled training in labor protection is the responsibility of instructors, direct managers of structural units, masters, as well as management and engineering personnel. This can be an individual lesson or a group one.

After carrying out the briefing, the responsible person is obliged to make the corresponding entries in the journal of the established sample. The responsible officer should note in a certain column the telephone number (message, letter) about the accident that occurred, or make the requisites that contain the order for unscheduled training in labor protection, or the changed list of safety requirements in the changed working conditions. In addition, it is necessary to put a personal signature instructed and instructing that the employee is allowed to further work.

Dates

The timing depends on the reason for which there was a need for a briefing (unplanned). Their exhaustive list is presented above. So, if there is a fact of violation of the security requirements established at the enterprise, or information is received about a similar incident in a similar production, an unplanned briefing should be conducted within three days. Days should be considered calendar, from the moment of reception of the message or detection of infringements.

If the enterprise expects or plans to change the technological processes, a break in work, the replacement of equipment, then an unscheduled briefing on labor protection should be carried out before working in the new conditions.

Order of unscheduled briefing

In order to ensure that the inspecting and supervising bodies do not have questions, all actions of the employer must be properly executed in writing. It is very important that in the organization or at the enterprise, especially with hazardous production, labor protection is competently organized.

The order to conduct an unscheduled briefing is issued immediately before it is held. It must comply with all standards of record keeping - contain the name of the organization, date and number, name.

Example order

The wording of the main part of the order depends on the fact that it is planned to conduct a briefing. For example, it can be the following:

In connection with the heavy traffic of roads, in order to prevent accidents, with the participation of employees of the enterprise

I ORDER:

1. Chief mechanic Pugovkin SS until 05.12.2016 to conduct with drivers unscheduled briefing on the prevention of accidents, safe behavior on the road, strict adherence to traffic rules.

2. The results of the briefing should be reflected in the logbook with the obligatory signatures of the instructing and instructed person.

3. To the Head of the Personnel Department N. Verevkina to familiarize the drivers with this order within the period established by law.

4. To assign to the specialist on the DP Igolkin P. P. control over the execution of the order.

Thus, an unscheduled briefing on labor protection, a sample of the order about which we cited above, should be organized after the local regulatory act is issued and the program is available, in accordance with the stated goal.

When organizing work at the enterprise on labor protection, it is important to understand that the legislation provides for very strict measures of responsibility for violations in this area. And everything begins with the elementary requirements of labor legislation. Below are the main articles of the Administrative Code of the Russian Federation, which should be remembered.

Article 5.27. Administrative Code of the Russian Federation

This article provides for the responsibility of employers for violating the provisions of labor law, not making an employment contract with a person who is actually admitted to work, improperly formalizing or illegally substituting a civil law contract, or for not paying a salary in full or in part.

There are two types of punishment: a warning and a fine. The amount of monetary sanctions varies. Thus, for a substitution of a civil law contract, a fine of ten to twenty thousand rubles may be imposed. Officials and from 50 to 100 thousand - organizations. If a similar offense has already taken place in the past, the measures will be more severe. In this case, it means disqualification (from one year to 3 years) and from 100 to 200 thousand fine, respectively.

Article 5.27.1. Administrative Code of the Russian Federation

Article 5.27.1 of the Code of Administrative Offenses regulates the measures provided for violation of regulatory requirements in the field of labor protection, which are contained, mainly, in federal laws and other legal acts of the Russian Federation.

The third part is closest to the topic under consideration, which is worth paying attention to. It states that the employee should not be allowed to perform direct labor duties, if there are contraindications to this, and also if he did not pass through the approved procedure training and subsequent testing of knowledge about the requirements of labor protection and preliminary or periodic medical examination, psychiatric examination.

Punishment for this offense provides for a fine for legal entities. Persons (in rubles) - 100-130 thousand, an official - 15-25 thousand.

Agree, there are very convincing arguments in favor of necessarily conducting unscheduled training on labor protection, when there are direct reasons for this.

In the event that there were indeed facts of violation of the labor law (in the field of labor protection and safety, in particular), executive authorities can give a period for their elimination in the prescription.

The employer who failed to fulfill the requirements or who did it improperly falls under Article 19.5 of the Code of Administrative Offenses of the Russian Federation. The punishment for an official may be of two kinds:

1. A fine of between thirty and fifty thousand rubles.
2. Disqualification, the term of which is fixed from one to three years. Legal entities face a fine in the amount of from one hundred to two hundred thousand rubles for this administrative violation.

Criminal liability

For non-compliance with the requirements established by law in the field of labor protection, a person who is entrusted with this duty may be criminally responsible. According to Article 141 of the Criminal Code of the Russian Federation, if the violations resulted in injury to the health (grave), the death of a person or a group of persons, not only imposing fines, but also disqualification, forced labor, and, in the most serious case, imprisonment.