The Register of trained persons: new requirements for protection of labour

LEGAL DIGEST, NEWS \ 15.03.2023

Starting from March 1, 2023, employers who independently train employees on protection of labour are required to notify the Ministry of Labour and enter relevant information in the Register of trained persons.

Information is entered into the Register of trained persons based on the results of training and verification of the employee’s knowledge in the field of protection of labour, indicating the following information:

• Full name, personal insurance policy number (Russian acronym – SNILS), position of the employee who has been trained;
• name of the protection of labour training program;
• date of verification of knowledge of protection of labour requirements;
• verification result;
• number of the protocol of verification of knowledge of protection of labour requirements;

Data on trained employees are submitted in the form of an electronic document through the employer’s personal account for protection of labour (PAPL) on the website of the Ministry of Labour of the Russian Federation. Registration is carried out through the Unified Identification and Authentication System (UIAS). The format of the document is approved by the bodies of the Ministry of Labour, located in the section “Protection of labour training” in the PAPL.

If the information contains a state or other secret protected by law, then their transfer to the Ministry of Labour is not carried out.

In addition to the Register of trained persons, companies have also to be registered in the Register of individual entrepreneurs and legal entities engaged in training their employees on protection of labour issues. Registration in the Register is of a notification and one-time nature.

The notification must contain the following information:

• full and abbreviated name, as well as the organizational and legal form of a legal entity;
• taxpayer ID number (Russian acronym – INN) and principal state registration number (Russian acronym – OGRN);
• address of the official website (if any);
• information on the average number of employees and the number of employees subject to protection of labour training;
• information about the availability of places for protection of labour training of employees;
• information about the availability of technical training means for developing practical skills;
• information about the availability of protection of labour training programs;
• information on the availability of education materials and materials for testing knowledge of protection of labour requirements for each training program;
• information about the presence in the staff of the organization of at least 2 employees or other persons involved in conducting training on protection of labour;
• information about the presence of a commission to verify knowledge of protection of labour requirements.

The document is submitted through the PAPL on the website of the Ministry of Labour. The form of the document is reflected in the section “Protection of labour training”. The deadline of registration of the employer in the Register is 5 working days from the date of sending the notification. After registration, the employer can start training employees. In case of termination of the company’s activities, information about the employer is deleted from the Register.

The formation of Registers is one of the new provisions of the Decree No. 2464 of the Government of the Russian Federation, approved on December 24, 2021. This Decree, among other things, determines a new procedure for training of employees on protection of labour, which includes the following types:

• labour protection briefing;
• training in protection of labour requirements in three programs;
• training in the use of individual protective gear (IPG);
• training on first aid for victims;
• internship at the workplace.

Training should be carried out immediately after the employment of new employees before they start performing their work duties. The training period for already working employees is once every three years.

The company’s staff can be trained independently or through specialized training centres. Independently, the company can train its employees if the following things are available:

• material and technical resources in the form of training places for employees;
• equipment and other technical means for the implementation of the training process;
• educational and methodological base in the form of training programs;
• at least 2 employees conducting training;
• commissions for the verification of knowledge in the field of protection of labour.

In preparation for training, it is necessary to develop:

• Regulations on the training procedure;
• forms of the knowledge verification protocol, instruction registration logs;
• instructional, training, and internship programs;
• orders on the appointment of a person responsible for instructions and the creation of a knowledge verification commission;
• list of individual protective gear, the use of which requires practice;
• lists of positions and professions of employees who are exempt from the initial briefing, and who are being trained.

Administrative liability under article 5.27.1 of the Administrative Code of the Russian Federation is provided for failure to provide notifications on independent training of employees in protection of labour, as well as on employees who have completed this training:

• for officers – a fine of 2,000 – 5,000 rubles;
• for legal entities – a fine of 50,000 – 80,000 rubles.

For repeated violations, the measures of punishment are increased:

• for officers – a fine of 30,000 – 40,000 rubles;
• for legal entities – a fine of 100,000 – 200,000 rubles.

Be careful and comply with the requirements of the legislation in the field of compliance with protection of labour requirements.