Is it possible to exempt the employee from the initial briefing. How to release office workers who work only at a personal computer and with office equipment from on-the-job briefings (primary and secondary)? How to exempt from instruction on ra

In accordance with clause 21.4. The procedure for training in labor protection and testing the knowledge of labor protection requirements for employees of organizations approved by the Decree of the Ministry of Labor of Russia dated January 13, 2003 No. 1/29; employees not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools ... may be exempted from primary instruction at the workplace. The normative definition of "equipment" is given in the Technical Regulations of the Customs Union TR CU 010/2011 in conjunction with the term "machine" - equipment is a device on a machine that must be moved 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 can be exempted from undergoing initial and subsequent briefings on labor protection at the workplace. It would seem to be enough to familiarize everyone with the instructions for working with a PC, etc. org. technique for painting. Make a list of professions exempted from the initial briefing and do not worry. But at the same time, the Procedure specifies the operation of the "electrified tool", and the users operate it. And also according to Clause 1.1 of the Standard instruction on labor protection when working on a personal computer TOI R-45-084-01 "Persons who have been trained in safe working methods, introductory instruction, initial instruction at the workplace are allowed to work on a personal computer." to do with PC users in terms of initial briefings? And whether the machine for counting banknotes and checking for their counterfeit - org. technique?

Answer

Answer to the question:

Employees who are not associated with:

• with the operation, maintenance, testing, adjustment and repair of equipment;
• using an electrified or other tool;
• storage and use of raw materials and materials, ( p. 2.1.4 of the Procedure for training on labor protection).

The list of positions and professions exempted from primary instruction in the workplace is approved by the employer. It should be noted that such a contingent of workers is also exempted from undergoing repeated instructions on labor protection at the workplace ( p. 2.1.5 of the Procedure for training in labor protection, GOST R 12.0.007-2009, GOST 12.0.004-90 SSBT).

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The employer has the right to exempt office workers who work only at a personal computer and with office equipment from on-the-job briefings (primary and secondary), based on the list of professions and positions exempted from these briefings, approved by this organization. Rationale: According to Art. 225 of the Labor Code of the Russian Federation, all employees, including heads of organizations, as well as employers - individual entrepreneurs, are required to undergo occupational safety training. The procedure for training on labor protection and testing the knowledge of labor protection requirements for employees of organizations was approved by the Decree of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 N 1/29 (hereinafter referred to as the Procedure). In accordance with clause 2.1.4 of the Procedure, initial briefing at the workplace is carried out before the start of independent work: - with all newly hired workers in the organization, including workers performing work on 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 the main work (part-time workers), as well as at home (homeworkers) using materials, tools and mechanisms allocated by the employer or acquired 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 the implementation of new work for them; - with posted workers of third-party organizations, students of educational institutions of the corresponding levels, undergoing industrial practice (practical training), and other persons participating in the production activities of the organization. At the same time, the Procedure stipulates that employees who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, storage and use of raw materials and materials may be exempted from undergoing primary instruction at the workplace. The list of professions and positions of employees exempted from primary instruction at the workplace is approved by the employer (paragraph 6, clause 2.1.4 of the Procedure). Thus, all employees must undergo initial instruction, but according to the above norms, the employer has the right to independently determine the list of professions and positions exempted from initial instruction at the workplace. To do this, the employer must issue a local regulatory act, which will approve this list. By virtue of clause 2.1.5 of the Procedure, all employees specified in clause 2.1.4 of the Procedure undergo re-training at least once every six months according to programs developed for initial briefing at the workplace. In the case when the employer has determined the list of positions exempted from the initial briefing, within the meaning of the given norms, it follows that repeated briefings are not required. It should be noted that clause 7.2.1 GOST 12.0.004-90 "Interstate standard. Occupational safety standards system. Organization of occupational safety training. General provisions" the list approved by the head of the enterprise (organization), with the trade union committee and the department (bureau, engineer) of labor protection. A similar conclusion follows from the Letter of the Ministry of Labor of Russia dated 03.24.2015 N 15-2 / OOG-1551. However, the employer should take into account that failure to conduct briefings without due grounds is a violation of labor legislation, which entails administrative responsibility in accordance with Art. 5.27.1 of the RF Code of Administrative Offenses.

How to release office workers who work only at a personal computer and with office equipment from on-the-job briefings (primary and secondary)?

2017-10-16

| Author Flaaim

Hello everyone, today there is a question of putting everything on the shelves in exemption from passing from instructions in the workplace. How and for whom it is best suited, how to do it, how to organize it correctly and much more

A little for those who do not know:

According to clause 2.1.4 of the Resolution of the Ministry of Labor and Social Development of the Russian Federation of 13.01.2003 N 1/29 On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations

“Employees who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, storage and use of raw materials and materials may be exempted from primary instruction at the workplace. The list of professions and positions of employees exempted from primary instruction at the workplace is approved by the employer.

A point that drives novice labor protection specialists into a certain stupor, and makes seasoned ones constantly argue about who can be exempted from instruction and who cannot.

Occupational Safety and Health References

Why is this needed?

The first thought that comes to my mind in the benefits of exemption is the reduction of paperwork, especially given the already huge amount of OSH documentation that needs to be maintained in an organization, which is very good.

How to exempt from on-the-job briefing?

Everything is very simple - it is necessary to develop a local regulatory document, a list of persons exempted from undergoing instruction at the workplace. This list includes positions that, as indicated in clause 2.1.4, are associated with a slave on "complex equipment".

First of all, this list includes employees of "office professions" (accountants, lawyers, deputy directors, economists, etc.), whose work is mainly related to computers.

All other positions (not office) that you plan to include in this list would be best coordinated with your COT or the trade union committee so that there are no unnecessary questions later.

In addition to the note, I am attaching an official clarification of the Ministry of Labor and Social Protection of the Russian Federation "On exemption from primary instruction at the workplace" 03/25/2015 No. 15-2 / OOG-1551

Moscow

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 the Resolution of the Ministry of Labor of the Russian Federation, the Ministry of Education of the Russian Federation of 13.01.2003 N 1/29

I ORDER:

Director Baranov S.P.

Baranov Familiarized with the order: O.K. Fedorova, head of office management. Fedorova 20.10.2011 Head of the Occupational Safety Department Petrov A.S.

"Antananarivo" translation into Russian

Petrov 21.10.2010 Head of the Production Department Kuznetsov I.G. Kuznetsov 10/21/2010

Annex 1
to the order of 20.10.2011 N 38

1.1. Secretary.

1.2. Manager.

2. Financial department:

2.1. Chief Accountant.

2.2. Leading accountant.

2.3. Accountant.

3. Legal department:

3.1. Department head.

3.2. Legal advisor.

3.3. Clerk.

Comments:

In accordance with clause 2.1.4. The order of the Decree of the Ministry of Labor of Russia, the Ministry of Education of Russia of 13.01.2003 N 1/29, employees who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, storage and use of raw materials and materials may be exempted from the initial instruction at work.

The list of professions and positions of employees exempted from primary instruction at the workplace is approved by the employer. On this basis, does the employer have the right to exempt employees who, for the performance of their labor function, use exclusively laptops and copiers for printing and copying documents, from undergoing initial and repeated instruction at the workplace? At the same time, the repair and maintenance of laptops and copiers is carried out by contractors.

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

Legal justification:

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 his authorized person are required to instruct on labor protection, organize training in safe methods and techniques for performing work and providing first aid to victims.

Employees who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, storage and use of raw materials and materials, may be exempted from primary instruction at the workplace. The list of professions and positions of workers exempted from primary instruction at the workplace is approved by the employer (paragraph 6, clause 2.1.4. The procedure for training in labor protection and testing the knowledge of labor protection requirements for employees of organizations, approved by the Resolution of the Ministry of Education of the Russian Federation and the Ministry of Labor and social development of the Russian Federation from 13.01.2003, N 1/29).

Information portal of Rostrud "Online Inspection.RF", April 2017

Order on approval of the list of professions and positions of employees exempted from primary instruction at the workplace (sample filling)

ORDER

Moscow

On the approval of the list of professions and positions

workers exempted from passing

initial briefing at the workplace

In accordance with cl.

2.1.4 The procedure for training in labor protection and testing the knowledge of labor protection requirements for employees of organizations, approved by the Resolution of the Ministry of Labor of the Russian Federation, the Ministry of Education of the Russian Federation of 13.01.2003 N 1/29

I ORDER:

1. To approve the List of professions and positions of employees exempted from primary instruction at the workplace (Appendix 1 to this order).

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

3. To the head of the office work O.K. Fedorova, before 10/25/2011, familiarize with this order the persons responsible for the initial briefing at the workplace.

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

Director Baranov S.P. Baranov Familiarized with the order: O.K. Fedorova, head of office management. Fedorova 20.10.2011 Head of the Occupational Safety Department Petrov A.S. Petrov 21.10.2010 Head of the Production Department Kuznetsov I.G. Kuznetsov 10/21/2010

Annex 1
to the order of 20.10.2011 N 38

LIST OF PROFESSIONS AND POSITIONS OF EMPLOYEES EXEMPTED FROM FIRST INSTRUCTIONS AT THE WORKPLACE

1. Administrative department:

1.1. Secretary.

1.2. Manager.

2. Financial department:

2.1. Chief Accountant.

Leading accountant.

2.3. Accountant.

3. Legal department:

3.1. Department head.

3.2. Legal advisor.

3.3. Clerk.

Answer to the test in the discipline "Labor protection":

Is there a category of workers who are exempted from primary instruction at the workplace (clause 2.1.4 of the decree of the Ministry of Labor and the Ministry of Education of Russia dated January 13, 2003, No. 1/29)?
yes, these are workers who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of an electrified or other tool.

The employer approves the List of professions and positions of employees exempted from primary instruction at the workplace

Answers to other tests in the discipline "Labor Protection":

In what cases are employees provided with special breaks for heating and rest, which are included in working hours (Article 109 of the Labor Code of the Russian Federation)?

What is the procedure for conducting primary briefing at the workplace (clauses 7.2.3, 7.9 GOST 12.0.004-90 "Occupational safety standards. Organization of occupational safety training"):

Who forms the commission to investigate an industrial accident, in what time frame (Article 229 of the Labor Code of the Russian Federation)?

When placing workstations with a PC, the distances between work tables with video monitors (in the direction of the rear surface of one video monitor and the screen of another video monitor) and between the side surfaces of video monitors should be (clause 9.1 of SanPiN 2.2.2 / 2.4.1340-03):

© Help Mi Test

AGREED APPROVED Chairman of the trade union committee General director of workers A.M. Stupin V.V. Cherenkov ———— ————- January 16, 2012 January 16, 2012

LIST of professions and positions of employees of JSC "SEP" exempted from primary instruction at the workplace

In accordance with clause 7.2.1 GOST 12.0.004-90 “Interstate standard.

Antananarivo

Occupational safety standards system. Organization of occupational safety training. General Provisions "persons who are not associated with maintenance, testing, adjustment and repair of equipment, use of tools, storage and use of raw materials and materials are exempted from initial instruction at the workplace:

- Secretary;

- Deputy Director;

- cashier;

- manager;

- economist;

- legal adviser;

- technologist;

- constructor.

Note:

1. Persons replacing the professions and positions indicated in the list are not exempt from primary instruction at the workplace.

2. Persons associated with work, maintenance of personal computers and copying and duplicating equipment are not exempt from undergoing primary instruction at the workplace.

Stupin A.M. General Director Stupin ————

Source - "Collection of basic personnel documents: Samples of filling and comments", "GrossMedia", "ROSBUKH"

tell me from passing the initial briefing at the workplace are only employees who have been trained in training centers specializing in the field of labor protection released? Can the employer approve the list of positions exempted from the initial briefing, even if the employees holding these positions do not have an OSH certificate?

Answer

on-the-job briefing is a mandatory procedure that all employees, without exception, must undergo (, Procedure approved).

It is not necessary to conduct instruction on labor protection only with citizens who work under a civil law contract.

The employer may approve the list of positions exempted from the initial briefing, these include those employees who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, storage and use of raw materials and materials may not undergo initial instruction on workplace. However, each of them, to a greater or lesser extent, exploits office equipment and other electrical appliances. Therefore, there is always a threat that the employee will receive an electric shock or other injury. Signing an employee that he was instructed at the workplace will help reduce or even eliminate the employer's responsibility for what happened.

For violation of safety regulations and labor protection (including for violation of the procedure for instructing on safety) (,).

The rationale for this position is given below in the materials of the Glavbuh System and the Personnel System

Mandatory instruction

Employees of the organization must be familiarized with the requirements and rules of safety at the workplace (Art. And Labor Code of the Russian Federation). *

On-the-job briefing is a mandatory procedure that all employees, without exception, must undergo (, Procedure approved). *

The personnel must master safe methods and techniques of work, be able to provide first aid to victims, and firmly know what actions are prohibited in the workplace. When working with computers, you must follow the rules and regulations () approved.

The rules of safe work and the procedure for familiarizing employees with them should be enshrined in. Some industries have standard health and safety instructions. For example, for employees of the fuel and energy complex (oil and gas industry, petroleum products supply), such standard instructions have been approved. *

Is it necessary to conduct instruction on labor protection with homeworkers (131.3286)

Yes need.

Conduct briefing with all employees newly admitted to the organization (). This rule also applies to employees with a temporary (employment contract concluded for up to two months) and seasonal nature of work, part-time workers, homeworkers. This is stated in the Procedure approved. *

Is it necessary to conduct instruction on labor protection with citizens with whom a work contract has been concluded

There is no need.

In general, it is not required to conduct instruction on labor protection with citizens who work under a civil law contract. They are not subject to legislation on labor and labor protection, including the requirement for mandatory instruction. This follows from the provisions of the Labor Code of the Russian Federation. At the same time, if these citizens carry out work on the territory of the organization, they need to conduct an introductory briefing (Procedure approved). Do not give other types of instruction to such persons.

Briefing logs

The fact of carrying out the appropriate type of instruction, testing knowledge and labor protection rules and obtaining an employee of admission to independent work, record in and. *

How to properly conduct an introductory briefing of employees

Conduct the introductory briefing on the employee's first working day. This conclusion follows from the Procedure approved and GOST 12.0.004-90 approved.

Before instructing, an employee of the labor protection service (or another employee who is entrusted with these duties) must:

• develop and approve an induction program for the head of the organization;
• to compile manuals for employees on safety rules at the workplace;
• prepare handouts.

Then, according to the established program, the specialist conducts a lecture for employees. The induction program usually includes the following questions:

• familiarity with local regulations and instructions for labor protection;
• actions in the event of dangerous situations;
• rules for using personal protective equipment;
• methods of application and location of fire extinguishing means;
• providing first aid to victims;
• causes of accidents, fires, accidents and measures to prevent them.

At the end of the briefing, conduct an oral knowledge test.

Is it possible not to carry out the initial briefing on labor protection if employees work exclusively in the office

No.

All employees need to be instructed on safety precautions, even those who work in the office (, Procedure approved). Rough handling of electrical appliances and computers can result in workplace injuries.

Explain the following safety rules to the office staff.

First, the rules for using electrical appliances:

• how to properly turn on and off computers, printers, copiers;
• what can not be done so that the wiring does not burn out, the devices do not fail.

Secondly, the rules of conduct in the workplace:

• not appear at the workplace in a state of intoxication;
• do not eat at workplaces - special rooms should be designated for this;
• maintain order in the workplace - littering can lead to injuries;
• do not smoke in workplaces.

Third, the rules for providing first aid to victims.

However, some employees can be exempted from initial on-the-job briefing. These are employees whose activities are not related to the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, storage and use of raw materials and materials. The list of professions and positions of employees exempted from the initial training at the workplace, approve at the local level. Such rules are established in the Procedure approved.

Responsibility for violation of safety and labor protection rules (161.52206)

For violation of safety regulations and labor protection (including for violation of the procedure for instructing on safety) (,). *

Nina Kovyazina,

Deputy Director of the Department

education and human resources of the Ministry of Health of Russia

2. Article: Office safety: do all employees need to be trained?

There is, however, one more category of workers that can be partially exempted from training. These are those employees who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, storage and use of raw materials and materials. They are allowed not to undergo initial on-the-job training. The list of professions and positions of such employees is approved by the employer. *

We do not recommend exempting office workers from initial briefing at the workplace. Each of them, to a greater or lesser extent, uses office equipment and other electrical appliances. Therefore, there is always a threat that the employee will receive an electric shock or other injury. Signing an employee that he was instructed at the workplace will help reduce or even eliminate the employer's responsibility for what happened. *

* This is how a part of the material is highlighted that will help you make the right decision