Who in the company is required to train in the field of health and safety?

Every employer has a duty to provide its employees with safe and hygienic working conditions. Educating employees in this area is also mandatory. According to the regulations, OHS training is obligatory, both for superiors and employees themselves.

An employer becomes an entrepreneur who employs at least one employee. Then he should also perform the first periodic OHS training for employers and employee managers. According to the Labor Code, „the employer is obliged to undergo training in the field of occupational health and safety to the extent necessary to perform his duties. This training should be repeated periodically.”

In the case of a sole proprietorship, the performance of initial and periodic training is not required.

The Labor Code imposes the obligation of training in the field of safety before allowing an employee to perform duties at a specific workplace. This is included in section X: „An employee must not be allowed to work for which he does not have the required qualifications or necessary skills, as well as sufficient knowledge of the regulations and principles of health and safety at work.

For new employees, pre-occupational glazing is dedicated, which should be carried out on the first day of work, not earlier. All OHS training should be conducted during working time and at the expense of the employer. Therefore, it is not possible to do them before employment, because then the candidate does not yet have the status of an employee. Initial training consists of general instruction and on-the-job instruction. The supervisor may conduct on-the-job instruction to his subordinate if he himself has a valid periodic OHS training. Pursuant to § 10 section 2 of the Regulation of the Minister of Economy and Labour of 27 July 2004 on training in the field of occupational health and safety (Journal of Laws of 2004, No. 180, item 1860, as amended), general instruction may be carried out by:

  • employee of the OHS service;
  • a person performing the tasks of the OHS service;
  • an employer who performs such tasks himself;
  • an employee designated by the employer who has the required knowledge and skills and an up-to-date certificate of completion of the required training in the field of occupational safety and health.

The employer should also familiarize the new employee with the assessment of occupational risk in a given position, with factors of the working environment that may cause risks to the safety and health of employees, as well as with the regulations in force in the workplace. The initial training program also includes information on first aid and fire protection. A document confirming the completion of this training – an initial training card, is placed in the employee’s personal file.

The obligation of initial training also applies to a student undergoing student internship and a student of a vocational school, employed for the purpose of practical vocational training. There is only one exception here – initial training does not need to be repeated if the employee takes up work in the same position that he already held with a given employer immediately before entering into another employment contract with that employer.

The rules for conducting periodic training of employees are set out in the Regulation of the Minister of Economy and Labour of 27 July 2004 on training in the field of occupational health and safety (Journal of Laws of 2004 No. 180, item 1860, as amended).

The employer should conduct the first periodic training for his employees up to a year from the date of employment, the exception is the people managing employees – they have only half a year to do so. Periodic training is cyclical, it is repeated at different intervals, depending on the type of position. For example, administrative and office workers repeat them every 6 years, and people in workers’ positions (if they do not perform particularly dangerous work) every 3 years. Information on all types of positions can be found here. Administrative and office workers are exempt from periodic training if the type of predominant activity of the employer is determined by not higher than the third occupational risk category. In their case, however, periodic training is recommended.

Source: https://www.bhp-center.com.pl/kogo-w-firmie-obowiazuje-szkolenie-w-zakresie-bhp/

Region Gdański NSZZ „Solidarność”

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.

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