How often do health and safety tests need to be repeated?

Ensuring safe and healthy working conditions is the responsibility of every employer. In practice, employees are required to undergo regular health and safety training. As of July 2023, their frequency range has changed.

The primary goal of each OHS training is to familiarize employees with the specifics of their workplace and the main safety and hygiene rules in force in the company. Health and safety training is mandatory for every person who is in an employment relationship. Thus, persons working under civil law contracts or B2B contracts do not have to comply with this obligation, unless they have agreed otherwise with the employer.

As a rule, health and safety training should take place in a stationary form. From 1 July 2023, a remote form of training is allowed only for employees who perform their duties remotely or in a hybrid manner (partly remotely and partly at the employer’s premises). The above rule is applied primarily to the first health and safety training, i.e. to new employees. As far as periodic training is concerned, the legislator introduces the possibility of remote implementation of this obligation for the following persons:

  • employers and managers of employees;
  • administrative and office workers and others (e.g. doctors, teachers);
  • engineering and technical staff.

Classroom training is mandatory primarily for blue-collar workers, as required primarily by the specificity of their work.

The first periodic health and safety training should take place within 12 months from the date of starting work. The exceptions to this rule are employers and persons managing employees in the company – in these cases, the first periodic training should be completed within the first 6 months from the date of taking up employment.

The coronavirus pandemic has introduced important changes in the timing of health and safety training. As of 27 July 2023, the provisions of the Act on Support Benefits have been in force, according to which the deadline for periodic OHS training has been extended from 60 days to 180 days – until the state of epidemic threat or the state of epidemic is revoked.

Health and safety training is so important that the lack of it makes it impossible to take up employment in a given position. Pursuant to Article 2373 §1-2 of the Labour Code, an employee may not be admitted to work for which he or she does not have the required qualifications or necessary skills, as well as sufficient knowledge of the provisions and principles of occupational health and safety. The employer is obliged to ensure that the employee is trained in occupational health and safety before he or she is allowed to work, and that periodic training in this area is conducted. Pre-employment training is not required if the employee takes up employment in the same position as he or she held with the employer immediately before entering into a new employment contract with that employer.

Health and safety training is always at the employer’s expense. The employer may not pass on its costs to the employees in any respect, e.g. by deducting it from the salary paid.

Source: https://poradnikprzedsiebiorcy.pl/-terminy-szkolen-bhp

Region Gdański NSZZ „Solidarność”

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.

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