When an employer needs an employee to acquire new knowledge, an order is drawn up to send the employee to.
There is no set form for the order, so it is drawn up in any form. If an employer needs to send several employees to an educational institution, their details are indicated in one order. Do you need to issue such an order? We suggest using our sample.
The document prepared by us contains all the necessary provisions that must be indicated in the order to send employees to occupational safety classes:
- start and end dates of studies;
- type of educational program;
- name of the educational organization;
- position and full name of the employee being sent.
The employee should be familiarized with the order under his personal signature.
Let's turn to the legislation
In accordance with the law, the employer is responsible for the timely sending of employees to occupational safety classes. In this case, the director of the enterprise must be guided by:
- Article 197 Art. 219, Art. 225 Labor Code of the Russian Federation;
- Resolution of the Ministry of Labor of Russia, Ministry of Education of Russia No. 1/29 of January 13, 2003 “On approval of the procedure for training in labor protection and testing knowledge of labor protection requirements for employees of the organization.”
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. Upon completion of training.
According to Article 225 of the Labor Code of the Russian Federation:
- employees who are employed for the first time are required to undergo training, learn safe working methods, and also gain knowledge about 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).
Organization of the educational process
Occupational safety classes can be organized in the following ways:
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.
The employer assumes all responsibilities for organizing the educational process and issues an order to organize labor safety training. Specialists responsible for training employees of the enterprise 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.
How to develop an order on training employees and testing knowledge on labor protection without errors, what regulatory documents should it refer to? You will find answers to these questions, as well as a ready-made order form, in the article.
Read our article:
The employer is obliged to regularly train employees on labor protection. If this obligation is not fulfilled during the inspection, the inspector will impose a fine for each employee in the amount of 110-130 thousand rubles.
To organize the training process, it is first necessary to issue an order for training and testing knowledge on labor protection. The Ministry of Labor has not developed a mandatory form for such a document, and there are no recommendations in this regard either. Therefore, when preparing it, you should be guided by the rules for preparing documents accepted at the enterprise.
How to justify an order to train employees and test knowledge on labor protection
An order on labor protection can be developed only on the basis of current regulatory legal documents. Many occupational safety specialists, both experienced and beginners, mistakenly believe that they are obliged to comply not only with the requirements of government regulations, the Labor Code of the Russian Federation, sanitary regulations, but also GOST and guidelines, and some consider a letter from the Ministry of Labor or Rospotrebnadzor to be a normative legal document. However, it is not.
If in the order such a specialist refers to or another document of a recommendatory nature, automatically, according to , for this employer, the act of voluntary application will turn into mandatory. If GOST is chosen as a governing document in the local Regulations, then compliance with all points of GOST, and not one separate section, becomes mandatory. As a result, the OT specialist.
In an order on the organization of labor protection training, reference can only be made to two regulatory documents - Article 225 of the Labor Code of the Russian Federation and. You can use any recommendations that do not contradict these two regulatory legal acts, but you should not provide a link to them.
How to correctly fill out an order for training and testing knowledge on labor protection in 2019
The order of the head of the organization to conduct occupational safety training must be specific. It is necessary to list the employees responsible for conducting or developing the program for each type of instruction: introductory or primary. The list of professions and positions of employees must be developed with caution. It cannot include the entire office staff.
The list of positions of employees who must undergo training and knowledge testing in occupational safety in a training organization should be developed in accordance with the job responsibilities of the employees.
If the chief accountant manages the accounting department and conducts initial and repeated briefings for his employees, then the training should be carried out in training centers. If this work is carried out by another manager or specialist, then the chief accountant must be trained within the organization once every 3 years according to a training program lasting 40 hours. You should be guided by the second paragraph of paragraph 2.3.2 of Order 1/29 so as not to send all managers and specialists to the training center. This will save money, increase students’ interest in occupational safety and health, and optimize the occupational safety training process.
The manager can entrust control over the execution of the training order to himself or to the head of the labor protection service.
A dynamically developing environment and fierce competition in the market require companies to use the latest technologies in their work. Consequently, there is an increasing need to develop personnel by acquiring the necessary knowledge. In this article we will look at how to competently organize training at the expense of the enterprise.
Training or advanced training
A common mistake when preparing the necessary documents is a lack of understanding of exactly what type of educational services the company will use. Often an equal sign is placed between training and advanced training, which is incorrect. In order to differentiate these concepts, you should refer to the Federal Law “On Education of the Russian Federation” dated December 29, 2012 No. 273-FZ. Article 73 classifies vocational education into three programs:
When to send
Art. 196 The Labor Code of the Russian Federation gives the employer the right to independently determine the need for employee development. The exception is cases when it is impossible for an employee to perform a particular activity without primary professional training or additional education (Article 196 of the Labor Code of the Russian Federation). For example, a medical worker is not allowed to manipulate the latest equipment unless he has completed the appropriate advanced training course. In addition, for certain groups of employees, the frequency of additional training or knowledge testing is regulated by law. In commercial enterprises, this primarily concerns employees responsible for labor protection. Order 1 29 occupational safety training requires managers and specialists of the organization to undergo a knowledge test at least once every three years.
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:
- Agreement with a licensed educational service provider.
- Order to send an employee to study.
- 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 Art. 217 Tax Code of the Russian Federation. As for the agreement with the employee, this document is intended to protect the employer from financial losses, according to Art. 249 Labor Code of the Russian Federation, in case of dismissal of an employee
How to correctly draw up an order for referral to training
The order is the basis for employees to attend classes during working hours. The legislation does not define clear requirements for the execution of this document. However, the text of the order must include an indication that personnel training is carried out at the expense of the enterprise and in its interests. It is recommended to state in detail the reason why an employee or group needs professional training, retraining or advanced training. Only if these conditions are met can the employer expect that education costs will be taken into account when calculating income tax. As an example, we offer an order on the organization of labor protection training.
Sample order for employee training
What the employee must provide after training
The employee’s obligation to provide anything to management based on the results of completing an educational course is not regulated by law. However, the employer has the right to include such a clause in a local regulatory act and agreement with the employee, formulating it at his own discretion. As a rule, a person who has completed his studies is required to provide a document confirming this fact. In some cases, management may request reference and teaching materials received by the student in class. In addition, it is common practice to conduct an internal assessment of the effectiveness of training, during which the employee is required to confirm in practice the acquired knowledge. This procedure should also appear in local regulations.
SAMPLE ORDER
on training and testing of knowledge on labor protection of workers in the organization.
« _______________»
(name of company)
"__"______ 200 _________
ORDER No. __
About training and knowledge testing
on labor protection.
In accordance with the requirements of Art. 225 of the Labor Code of the Russian Federation, GOST 12.0.004-90 and in execution of the resolution of the Ministry of Labor of Russia and the Ministry of Education of the Russian Federation 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,”
I ORDER:
1.Heads of departments:
1.1. All newly hired and transferred employees from other departments, after initial training, are assigned an internship (practical training in safe techniques and work methods for 2 to 14 shifts) under the guidance of an experienced instructor (Appendix No. 1) by department order (Appendix No. 1). disciplined workers. The order should be brought to the attention of the instructor and trainee against signature. It is prohibited to assign one instructor to more than two trainees at the same time.
1.2. All workers in blue-collar professions should be trained annually in labor protection according to an 18-hour program (Appendix No. 2), with a training log book being prepared (Appendix No. 3).
1.3.After the internship and training, organize testing of theoretical knowledge and practical skills of employees (exams). Knowledge testing should be carried out at least once every 12 months. The results of the inspection should be documented in a protocol (Appendix No. 4). Test your knowledge using tickets (Appendix No. 5).
1.4. Do not allow persons to work who have not undergone internship, training and testing of knowledge of labor protection requirements.
1.5. Bring to the attention of all employees that knowledge of rules, regulations, instructions on labor protection, fire safety and compliance with their requirements is one of the main signs of an employee’s qualifications. If an employee is found to be unaware of the rules, regulations, and instructions, the employee is suspended from work and given no more than one month to prepare.
Refusal or evasion of an employee, without good reason, from undergoing training or passing labor safety exams is a violation of labor discipline and may serve as a basis for bringing the employee to disciplinary liability in accordance with Art. 192 Labor Code of the Russian Federation.
2. The labor protection engineer ___________ provide methodological assistance to department heads when conducting labor protection training for workers in blue-collar occupations.
3. Approve a commission to test knowledge of labor protection requirements consisting of:
Chairman – ___________________________
deputy Chairman – _________________________________
members of the commission – _________________________
Secretary of the commission: – _____________________
The work of the commission should be organized with at least 3 people.
In the absence of the chairman, the deputy. the chairman, secretary or member of the commission, for good reason, is replaced by an employee performing his duties.
CEO _________
In the process of professional activity, labor protection is one of the most important components. It is labor protection that helps preserve not only the health of workers, but also life. Labor protection is one of the areas of activity of any enterprise, regardless of its form and structure, as well as professional activity. This direction directly affects the interests of the company’s employees. Everything related to labor protection activities for workers must be formalized accordingly, that is, by order. Today we will tell you in more detail about how to create an order on labor protection in 2015 and will give you the opportunity to download a sample for each of the orders considered.
Orders on labor protection at the enterprise
In fact, there are several labor protection orders. Everything depends on the structure of the enterprise, on the activities. But in general, there are labor safety orders that absolutely any company should have, such orders include the following:
- Order approving the regulations on the procedure for conducting training and testing knowledge on security issues
- Order on the appointment of a person responsible for fire extinguishing means at the enterprise
- Order on the appointment of a person responsible for providing first aid in case of accidents
- On the appointment of a person responsible for fire safety of an enterprise
- Order on approval of the regulations on the labor protection service of the enterprise
- Order for medical examinations
- On testing the knowledge of enterprise employees on electrical safety
- Order on approval of labor protection instructions
- Order on the appointment of responsible persons for high-risk work
- Order on appointing someone responsible for the technically sound condition of equipment
- Order on the distribution of labor protection responsibilities
- Order on the appointment of the person responsible for the electrical equipment of the enterprise
- Order on training and testing of knowledge on labor safety of enterprise employees
Occupational safety and health is a system in which an important component is the preservation of the life and health of enterprise employees. The tool in that system is labor safety prevention, as well as ways to prevent situations that could lead to the consequences of workers losing their ability to work. The goal of occupational safety and health is to reduce the risk of injury to a minimum.
First of all, the enterprise puts into effect labor protection orders, regulations, which are usually kept by personnel officers or in the legal service. According to the labor protection orders 2015, responsible persons are appointed. The originals of orders are kept in the office, in copies with the persons who sign these orders. These are the responsible persons, the executors, and those who are familiar with the order.
Moreover, the prevention of occupational safety also includes special training of employees. According to the legislation of the Russian Federation, every employee has the right to undergo free training on operational safety at the enterprise within thirty days. Not only responsible persons, but also the management team of the company are required to undergo training.
One of the important orders on labor protection 2015 is the Order on the distribution of responsibilities for labor protection.
This order must clearly state which employees are responsible for what in the organization. As a rule, the order is divided into categories such as:
- Briefing
- Occupational safety training
- Fire safety
- Energy economy
- Gas equipment, etc.
The order must also indicate the levels of subordination, that is, the subordination of employees. Who reports to whom, who controls the execution of orders, who takes over responsibilities if the responsible employee gets sick or goes on vacation, etc.
All orders must be signed by the head of the enterprise and sealed. In addition, all orders are signed by both the executors and those persons who exercise control.
Order on labor protection - download samples
You can download a sample of the Labor Safety Order further on our website. You can also download occupational safety forms - assignment orders.
About approval
About distribution
About training
On the appointment of a person in charge
Video: Introductory briefing on labor protection, orders, instructions
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