Occupational health and safety training for the store

Occupational safety instructions at the enterprise: who must conduct them, who undergoes them, and how to document everything

Occupational safety in Ukraine is a system of measures and means aimed at preserving human life, health, and working capacity during work. For business, this is not a formality, but an employer's obligation: to create safe working conditions, organize training, instructions, testing of knowledge, and prevent those who have not passed the necessary procedures from working. (Law of Ukraine)

Who is responsible for occupational safety at the enterprise

The employer is responsible for organizing occupational safety. It is the employer who must ensure the functioning of the occupational safety management system, approve the necessary internal documents, organize training and control, and before starting work — familiarize the employee with working conditions, dangerous factors, and conduct occupational safety and fire safety instructions. (Law of Ukraine)

Depending on the number of employees, the law establishes a different format for organizing this work:

Specialists of the occupational safety service have the right to demand the suspension from work of persons who have not passed a medical examination, training, instruction, or knowledge testing on occupational safety. This is important for an entrepreneur: if an employee is allowed to work without proper instruction, the risks are borne precisely by the employer. (Law of Ukraine)

For remote and home-based work, the law explicitly allows conducting systematic instruction using information and communication systems, including video communication, and confirmation of passing the instruction can be formalized in electronic document management if the employer has introduced such a procedure. (Law of Ukraine)

Who must undergo instruction

Occupational safety instructions are undergone by:

What types of instructions are there

The standard regulation provides for five types of instructions: introductory, primary, repeated, unscheduled, and targeted. They are mandatory for all employers who use hired labor, regardless of ownership form and type of activity. (Law of Ukraine)

Introductory instruction

Introductory instruction is conducted for all newly hired employees, regardless of whether it is permanent or temporary work, as well as seconded employees, interns, and excursionists. It is conducted by an occupational safety service specialist or another person to whom the employer has assigned these duties and who has undergone appropriate training. It is conducted in an occupational safety room or another specially equipped room according to a program approved by the employer. (Law of Ukraine)

A record of the introductory instruction is made in the introductory instruction registration log, and regarding an employee who is hired — also in the order or directive on hiring. (Law of Ukraine)

Primary instruction

Primary instruction is conducted before starting work directly at the workplace. It is undergone by newly hired employees, transferred from one department to another, employees who will perform new work for themselves, as well as seconded employees involved in the production process. For interns, primary instruction is conducted before starting labor or professional training and before performing each new task related to the tool, equipment, or materials. (Law of Ukraine)

Repeated instruction

Repeated instruction is conducted at the workplace:

The employer may approve a list of professions and positions that are exempt from repeated instruction, but only if their work is not related to the direct maintenance of equipment, the use of tools, the storage or application of raw materials and supplies. (Law of Ukraine)

Unscheduled instruction

Unscheduled instruction is conducted if:

Targeted instruction

Targeted instruction is conducted during the liquidation of accidents, consequences of natural disasters, as well as before performing works for which a work permit, order, or directive is issued. In other words, this is an instruction for a specific one-time task or dangerous work. (Law of Ukraine)

What documents the employer must formalize

For instructions to be conducted properly, at least the following documents must be formalized at the enterprise:

For primary, repeated, unscheduled, and targeted instructions, entries are made in the instruction log at the workplace. The pages of such a log must be numbered, laced, and sealed with the enterprise's seal, if a seal is used. If a targeted instruction is conducted for work formalized by a work permit, the entry can be made in the work permit itself without duplication in the log. (Law of Ukraine)

Knowledge testing and admission to work

After primary, repeated, unscheduled, and targeted instructions, a knowledge check is conducted — orally or using technical means, as well as a check of practical skills for safe work. If an employee showed an unsatisfactory result after a primary, repeated, or unscheduled instruction, within 10 days they are given additional instruction and a repeated knowledge test. If an unsatisfactory result is obtained after a targeted instruction, the employee is not allowed to perform the work; a repeated knowledge check after targeted instruction is not conducted in this procedure. (Law of Ukraine)

Separately, the law establishes a general rule: employees, including officials, who have not undergone training, instruction, and knowledge testing on occupational safety, are not allowed to work. If during a general knowledge check on occupational safety the results are unsatisfactory, repeated training and repeated knowledge testing are conducted within one month. (Law of Ukraine)

When one instruction is not enough

If employees are engaged in high-risk work or where professional selection is required, they must undergo special training and knowledge testing annually. Officials whose activities are related to organizing the safe conduct of work undergo training and knowledge testing at least once every three years. (Law of Ukraine)

The list of high-risk works is a separate valid regulatory act. It includes, in particular, electric welding, gas flame, surfacing and soldering works, as well as many other dangerous production processes. Based on it, the employer determines exactly which works at their enterprise belong to high risk. (Law of Ukraine)

In addition to instructions and training, permitting documents under Procedure No. 1107 are required for a part of high-risk works and for the operation of certain machines, mechanisms, and equipment. For works and equipment of group A, a permit from the State Labor Service is required, and for group B — a declaration of conformity of the material and technical base. The declaration is submitted no later than five working days before the start of work or operation. The validity period of the permit is five years. During martial law, a special simplification applies to some works of group A: they can be performed on the basis of a declaration in the manner prescribed by the government — until the end of martial law and for one month thereafter. (Law of Ukraine)

The permit can be canceled in cases provided for in Article 21 of the Law "On Occupational Safety" and Procedure No. 1107; the decision on this is made by the body that issued the permit. Therefore, it is important for a business to understand: an instruction conducted does not replace either special training, work permits, permits, or declarations, if they are required specifically for your type of work. (Law of Ukraine)

What liability threatens the business

For violating occupational safety legislation, financial sanctions can be applied to legal entities and individual entrepreneurs who use hired labor. The general maximum amount of such a fine is not more than 5 percent of the average monthly wage fund for the previous year. A separate fine is provided for non-compliance with the minimum amount of expenses for occupational safety — 25 percent of the difference between the estimated minimum amount and actual expenses. (Law of Ukraine)

Administrative liability is also applied. For violation of the requirements of legislative and other regulatory legal acts on occupational safety, a fine is imposed:

For failure to report an industrial accident, the fine for officials and employers is from 20 to 50 tax-free minimums. For failure to comply with the legal requirements of officials of the State Labor Service, separate fines apply under Article 188-4 of the Code of Administrative Offenses. (Law of Ukraine)

What an entrepreneur should check

To avoid getting an order, a fine, or stopping dangerous work, an enterprise should check:

Example from practice

Official sources

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