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

Periodic OHS training ends with an exam checking the training participant’s assimilation:

• the knowledge covered by the training programme, and
• the ability to perform work in accordance with health and safety regulations and rules.

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

Since the employer provided the employee with periodic OHS training, and the employee, despite the obligation resulting from Article 211 point 1 of the Act of 26.06.1974 – Labor Code (i.e. Journal of Laws of 1998 No. 21, item 94, as amended), did not take part in it and did not submit to the verification exam, so there is a basis for:

• the imposition of a fine on the employee by the employer, and even
• termination of the employment contract with him without notice (pursuant to Article 52 § 1 point 1 of the Code of Civil Procedure).

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

• admonition
• reprimand or
• fine.

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

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