List of those exempted from initial instruction at school. Who can be exempted from initial training at the workplace? Training logs

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In accordance with clause 21.4. The procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations approved by Resolution of the Ministry of Labor of Russia dated January 13, 2003 No. 1/29 for workers not involved in the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools... may be exempt from undergoing initial training at the workplace. The normative definition of “equipment” is given in the Technical Regulations of the Customs Union TR CU 010/2011 in connection with the term “machine” - equipment is a device on a machine that necessarily moves with the help of appropriate drives.. .Office office equipment does not fall within the above definition and characteristics. Taking this into account, workers employed using only such equipment may be exempt from undergoing initial and subsequent training on labor safety in the workplace. It would seem to be enough to familiarize everyone with the instructions for working with a PC, etc. painting technique. Make a list of professions exempt from undergoing initial training and don’t worry. But at the same time, the Procedure specifies the operation of an “electrified tool,” and users operate it. And also in accordance with Clause 1.1 of the Standard Instructions for Labor Safety when working on a personal computer TOI R-45-084-01 “Persons who have been trained in safe labor methods, introductory briefing, and initial briefing at the workplace are allowed to work on a personal computer.” What what to do with PC users regarding initial instructions? And is there a machine for counting banknotes and checking for counterfeitness - org. technology?

Answer

Answer to the question:

• Employees who are not involved in:
• with operation, maintenance, testing, adjustment and repair of equipment;
• using an electrified or other tool; storage and use of raw materials and supplies, ().

The list of positions and professions exempt from initial on-the-job training is approved by the employer. It should be noted that such a contingent of workers is also exempt from undergoing repeated instructions on labor protection in the workplace ( clause 2.1.5 of the Occupational Safety and Health Training Procedure, GOST R 12.0.007-2009, GOST 12.0.004-90 SSBT).

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In accordance with clause 2.1.4. Procedure of the Resolution of the Ministry of Labor of Russia, the Ministry of Education of Russia dated January 13, 2003 N 1/29, workers not related to the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, the storage and use of raw materials and supplies, may be exempt from undergoing initial training at work. The list of professions and positions of employees exempt from undergoing initial training at the workplace is approved by the employer. On this basis, does the employer have the right to exempt employees who, to perform their job functions, use exclusively laptops and copiers for printing and copying documents, from undergoing initial and repeated training at the workplace? At the same time, repair and maintenance of laptops and copying equipment is carried out by contractors.

You can exempt employees from undergoing initial training at the workplace by issuing an appropriate order if, in the performance of their official duties, these employees are not involved in the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, the storage and use of raw materials and materials . Workers operating office equipment (devices through which current passes (in particular, computers and copying equipment) cannot be exempted from initial training.

Legal basis:

According to Part 2 of Art. 225 of the Labor Code of the Russian Federation, for all persons entering work, as well as for employees transferred to another job, the employer or a person authorized by him is obliged to provide instructions on labor protection, organize training in safe methods and techniques for performing work and providing first aid to victims.

Workers not involved in the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, the storage and use of raw materials and materials may be exempt from undergoing initial training at the workplace. The list of professions and positions of workers exempt from undergoing initial training at the workplace is approved by the employer (paragraph 6, clause 2.1.4. The procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by the Decree of the Ministry of Education of the Russian Federation and the Ministry of Labor and social development of the Russian Federation dated January 13, 2003 N 1/29).

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Order on approval of the list of professions and positions of workers exempt from undergoing initial training at the workplace (filling sample)

ORDER

10/20/2011 N 38

Moscow

On approval of the list of professions and positions

workers exempt from undergoing

initial training at the workplace

In accordance with clause 2.1.4 of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by Resolution of the Ministry of Labor of the Russian Federation, Ministry of Education of the Russian Federation dated January 13, 2003 N 1/29

I ORDER:

1. Approve the List of professions and positions of workers exempt from undergoing initial training at the workplace (Appendix 1 to this order).

2. Persons responsible for conducting initial training at the workplace, when releasing workers from undergoing initial training, should be guided by this order.

3. Head of the office management service O.K. Fedorova, by October 25, 2011, familiarize the persons responsible for conducting initial training at the workplace with this order.

4. I reserve control over the execution of the order.

Director Baranov S.P. Baranov The order has been reviewed by: Head of the office management service Fedorova O.K. Fedorova 10/20/2011 head of the labor protection department A.S. Petrov Petrov 10/21/2010 head of the production department Kuznetsov I.G. Kuznetsov 10/21/2010

Annex 1
to the order dated October 20, 2011 N 38

LIST OF PROFESSIONS AND POSITIONS OF EMPLOYEES EXEMPTED FROM PASSING INITIAL INSTRUMENTATION AT THE WORKPLACE

1. Administrative and economic department:

1.1. Secretary.

1.2. Manager.

2. Finance department:

2.1. Chief Accountant.

2.2. Leading accountant.

2.3. Accountant.

3. Legal department:

3.1. Department head.

3.2. Legal consultant.

3.3. Clerk.

Question:
Can office workers working on PCs and office equipment be exempted by the employer from undergoing initial training at the workplace?

Answer:
In accordance with part two of Art. 212 of the Labor Code of the Russian Federation, conducting labor safety briefings is the responsibility of the employer. Labor safety training is carried out for all persons entering work, as well as for workers transferred to another job (part two of Article 225 of the Labor Code of the Russian Federation).
The rules for conducting labor safety briefings are established by the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by Resolution of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation dated January 13, 2003 N 1/29 (hereinafter referred to as the Procedure), which is mandatory for all employers ( clause 1.2 of the Procedure).
In accordance with clause 2.1.4 of the Procedure, initial instruction at the workplace is carried out before the start of independent work:
- with all employees newly hired into the organization, including employees performing work under the terms of an employment contract concluded for a period of up to two months or for the period of seasonal work, in their free time from their main job (part-time workers), as well as at home (homeworkers) with use of materials, tools and mechanisms provided by the employer or purchased by them at their own expense;
- with employees of the organization transferred in accordance with the established procedure from another structural unit, or employees who are entrusted with performing work that is new to them;
- with seconded employees of third-party organizations, students of educational institutions of relevant levels, undergoing practical training (practical classes), and other persons participating in the production activities of the organization.

However, employees not involved in the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, the storage and use of raw materials and materials may be exempt from undergoing initial training at the workplace. The list of professions and positions of employees exempt from undergoing initial training at the workplace is approved by the employer.
Thus, all employees must undergo initial training, but the employer can independently determine and approve the list of professions and positions that are exempt from undergoing initial training, guided by the criteria specified in part three of clause 2.1.4 of the Procedure.
At the same time, regarding office workers working on PCs and office equipment, we draw your attention to the fact that in accordance with the Standard Instructions for Occupational Safety and Health when working on a personal computer TOI R-45-084-01, approved by order of the Ministry of Communications of the Russian Federation dated July 2. 2001 N 162, which is included in the list of regulatory legal acts containing state regulatory labor protection requirements for working on a personal computer, only persons who have undergone initial training in the workplace are allowed (clause 1.1). A similar rule is contained in the Standard Instructions for Labor Safety when working on copying and duplicating equipment (such as “Canon”, “Xerox”, etc.) TI RO 29-001-009-02, approved by order of the Ministry of Trade and Industry of the Russian Federation dated 04.12.2002 N 237.

I APPROVED

Chairman of the trade union Director

workers committee Kostin Yu.K.

Ivanov I.I.

" " _______________________ 20__ " " _______________________ 20__

SCROLL

List of professions and positions of workers

LLC "Ivanov and Co", released

from initial training at the workplace

In accordance with the Interstate standard GOST SSBT 12.0.004-90 “Organization of occupational safety training. General provisions” (clause 7.2.1) and the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by Resolution of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 N 1/29 (clause 2.1.4), from the primary Instruction at the workplace exempts persons who are not involved in the maintenance, testing, adjustment and repair of equipment, use of tools, storage and use of raw materials and supplies:

• administrator;
• Deputy Director;
• cashier;
• economist;
• lawyer.

Notes:

1. Persons filling the professions and positions specified in the list are not exempt from initial instruction at the workplace.

2. Persons involved in the maintenance of personal computers and copying equipment are not exempt from undergoing initial training at the workplace.

Director____________________ /Kostin Yu.K./

From the point of view of labor protection, the provision of services in various fields is recognized as a production activity, and therefore, organizations in this industry are subject to requirements for the creation of a labor protection service in the workplace. Experts from the Ministry of Labor came to this conclusion, referring to Part 1 of Art. 217 Labor Code of the Russian Federation.
According to this article, in an organization with a staff of 50 people or more, it is necessary to create a special labor protection service, the responsibilities of which include organizing events, preparing documents on labor protection, as well as conducting employee training and investigating possible industrial accidents. The Ministry of Labor reports that the numerical criterion is not the only one for creating such a service: most employers believe that if their enterprise does not produce any material goods, then there is no point in organizing a labor protection service.
Based on the interpretation of production activity as a set of actions of people using tools necessary to transform resources into finished products, including the production and processing of various types of raw materials, construction, as well as the provision of various types of services (Article 209 of the Labor Code of the Russian Federation), the Ministry of Labor recognized provision of services by production activities. This is also established in the All-Russian Classifier of Products by Type of Economic Activity.
Also, organizations engaged in the service sector are subject to reimbursement of expenses for:
training in labor protection for workers at hazardous production facilities, outside of production, in an organization carrying out educational activities;
acquisition of instruments, devices, equipment to ensure worker safety;
acquisition of instruments, devices, equipment for conducting training, remote video and audio recording of briefings, training and other forms of training of workers on safe work performance, as well as for storing the results of such recording.
The corresponding changes come into force on August 20, 2016.

Valery Korzh said that the Russian Ministry of Labor, together with social partners, regularly monitors the enforcement of special assessments of working conditions, including in the coal industry.

“You know that special assessments for underground work are carried out taking into account the specifics. Currently, taking into account the proposals of Rosugleprof, the Ministry of Energy of Russia, associations of employers, and scientific institutions, changes have been prepared to the methodology for conducting a special assessment of working conditions at the workplaces of workers engaged in underground work,” said the director of the department.

According to him, the need to make changes is due to the peculiarities of the microclimate in the mines, the importance of lighting in the mines not only for illuminating the working surface, but also to ensure the safety of workers, including during emergency evacuation.

“We have prepared the order, it has been repeatedly discussed at the Russian Ministry of Labor with the participation of trade unions and employers, and is currently aimed at assessing the regulatory impact at the Ministry of Economic Development,” noted Valery Korzh. “I think that this year it will be published and come into force.”

He also said that following the instructions of the Chairman of the Government of the Russian Federation, the Russian Ministry of Labor adopted a number of measures to improve the safety of workers at coal enterprises and encourage employers to improve the conditions and labor protection of workers, and strengthen the preventive component. In particular, the list of preventive measures subject to financing from insurance premiums has been expanded. Now, using the funds of the Social Insurance Fund of the Russian Federation, it is allowed to finance:

acquisition of instruments, devices, equipment and their complexes to ensure the safety of workers, control over the safe conduct of work in underground works, training in labor safety issues and actions in the event of an accident or incident, as well as remote video and audio recording of training, instruction on labor protection and storing the results of such fixation;
training on labor protection for workers at hazardous production facilities, including mines and open-pit mines.
“The Ministry of Labor issued a corresponding order, and as of January 1, 2017, employers can claim the costs of these measures for reimbursement to the Social Insurance Fund,” said Valery Korzh.

The Department of Labor Conditions and Safety considered the appeal received on the official website of the Ministry of Labor and Social Protection of the Russian Federation on an issue related to the organization of the labor protection service and reports the following. In accordance with Part 1 of Article 217 of the Labor Code of the Russian Federation (hereinafter referred to as the Code), in order to ensure compliance with labor protection requirements and monitor their implementation, each employer engaged in production activities, whose number of employees exceeds 50 people, creates a labor protection service or introduces position of an occupational safety specialist with appropriate training or experience in this field. Moreover, according to Article 209 of the Code, production activity is understood as a set of actions of people using tools of labor necessary to transform resources into finished products, including the production and processing of various types of raw materials, construction, and the provision of various types of services. In this regard, it appears that production activities are carried out in a variety of forms, in different sectors of the economy, by individuals and legal entities. This is an activity for the production of not only material goods, but also intangible ones, including the provision of various services in all areas, as defined in the All-Russian Classification of Products by Type of Economic Activities, approved by Order of the Federal Agency for Technical Regulation and Metrology dated January 31, 2014 N 14- Art. From the above it follows that the rules given in Part 1 of Article 217 of the Code fully apply to organizations providing various types of services. In this regard, we believe that the requirements of Part 1 of Article 217 of the Code oblige an employer providing various types of services, the number of employees of which exceeds 50 people, to create a labor protection service or introduce into the staffing table the position of a labor protection specialist, who is entrusted with the functions of organizing work on labor protection in the organization.