What are the penalties for disregarding OSH periodic training?

When a health and safety specialist conducts periodic OSH training for employees and one of the participants clearly does not want to participate in it – he is present, but, for example, maliciously interferes or does not participate in classes or exercises – the problem of the possibility of applying sanctions arises. There is also the question of what penalties can be applied for disregarding periodic OSH training. If at the end such an employee does not complete the test, which means that the OHS training is not passed, sanctions specified by labour law may be applied.

Periodic health and safety training ends with an exam that checks the acceptance by the training participant of:

  • the knowledge covered by the training program, and
  • ability to perform work in accordance with the provisions and principles of occupational health and safety.

The exam is conducted in front of the examination committee. If the exam was in the written form (test) and the participant did not pass it (negative test result), the organizer of the health and safety training cannot issue him with a certificate which is a document confirming the completion of the OHS training with a positive result (confirmation of the ability to perform work in a safe and sufficient manner). knowledge of health and safety regulations and rules). Consequently, the employer cannot allow such an employee to work.

Because the employer provided the employee with periodic occupational health and safety training, and this, despite the obligation under Art. 211 point 1 of the Act of June 26, 1974 – Labour Code (i.e. Journal of Laws of 1998 No. 21, item 94, as amended), he did not participate in it and did not pass the checking examination, so there is base for:

  • the employer imposing an order penalty on the employee, and even
  • termination of an employment contract with him without notice (pursuant to Article 52 § 1 point 1 of the Labour Code).

We would like to remind you that the order penalty for disregarding periodic OSH training may be:

  • admonition,
  • reprimand or
  • fine.

Source: https://bhp-szkolenia.info/kara-za-lekcewazenie-szkolenia-okresowego-bhp/

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