Rules and timelines for occupational health and safety training, briefing and knowledge testing of employees, managers and persons responsible for occupational health and safety are approved by Order No. 1019 of the Minister of Health and Social Development of the Republic of Kazakhstan as of December 25, 2015 (hereinafter referred to as the “Rules”).
The Rules clearly distinguish the Occupational Health and Safety Training and Knowledge Testing Procedure and Timelines for employees (Chapter 2) and the Occupational Health and Safety Training and Knowledge Testing Procedure and Timelines for managers and OHS persons (Chapter 3).
Let us explain what the principal differences are:
The Rules clearly distinguish the Occupational Health and Safety Training and Knowledge Testing Procedure and Timelines for employees (Chapter 2) and the Occupational Health and Safety Training and Knowledge Testing Procedure and Timelines for managers and OHS persons (Chapter 3).
Let us explain what the principal differences are:
Employees
According to Article 1, clause 1, paragraph 43) of the Labor Code of the Republic of Kazakhstan, an employee is a natural person who has labor relations with the employer and directly performs work under an employment contract.
Occupational health and safety training and knowledge testing of employees shall be carried out at least once a year.
Newly hired employees, as well as employees transferred to another job, shall undergo occupational health and safety training followed by a knowledge test within the timeframe established by the employer, but not later than one month after their employment contract is concluded or they are transferred to another job.
Employees who have not undergone occupational health and safety training and knowledge testing shall not be permitted to work.
No repeated training and testing of knowledge on occupational health and safety is required when an employee is transferred to another workplace or to another subdivision or is assigned to work on another machine or unit within the scope of his/her position, specialty, profession or qualification (clause 4 of the Rules). However, if the employee had a break for three years or more in this type of work, position or profession, or more than one year for high-risk work, he/she shall undergo occupational health and safety training and knowledge testing before unsupervised work (clause 7 of the Rules).
The employer shall establish the list of employees of the organization, the list of jobs and professions to be trained, as well as the procedure and form of training, based on the nature of the profession, type of work, specifics of production and working conditions and as agreed with the representatives of employees (if any).
Occupational health and safety training (classes, lectures, seminars) shall be conducted at the employer's premises with the involvement of specialists of relevant industries, engineers and technicians with at least three years of work experience, technical inspectors for labor protection, and also representatives of the internal occupational health and safety services of the organization, who have been certified as per Annex 1 to the Rules.
Having successfully passed the knowledge test, the employee shall be issued a certificate to confirm the knowledge of occupational health and safety rules, regulations and instructions in the form specified in Annex 3 to the Rules.
According to Article 1, clause 1, paragraph 43) of the Labor Code of the Republic of Kazakhstan, an employee is a natural person who has labor relations with the employer and directly performs work under an employment contract.
Occupational health and safety training and knowledge testing of employees shall be carried out at least once a year.
Newly hired employees, as well as employees transferred to another job, shall undergo occupational health and safety training followed by a knowledge test within the timeframe established by the employer, but not later than one month after their employment contract is concluded or they are transferred to another job.
Employees who have not undergone occupational health and safety training and knowledge testing shall not be permitted to work.
No repeated training and testing of knowledge on occupational health and safety is required when an employee is transferred to another workplace or to another subdivision or is assigned to work on another machine or unit within the scope of his/her position, specialty, profession or qualification (clause 4 of the Rules). However, if the employee had a break for three years or more in this type of work, position or profession, or more than one year for high-risk work, he/she shall undergo occupational health and safety training and knowledge testing before unsupervised work (clause 7 of the Rules).
The employer shall establish the list of employees of the organization, the list of jobs and professions to be trained, as well as the procedure and form of training, based on the nature of the profession, type of work, specifics of production and working conditions and as agreed with the representatives of employees (if any).
Occupational health and safety training (classes, lectures, seminars) shall be conducted at the employer's premises with the involvement of specialists of relevant industries, engineers and technicians with at least three years of work experience, technical inspectors for labor protection, and also representatives of the internal occupational health and safety services of the organization, who have been certified as per Annex 1 to the Rules.
Having successfully passed the knowledge test, the employee shall be issued a certificate to confirm the knowledge of occupational health and safety rules, regulations and instructions in the form specified in Annex 3 to the Rules.
Managers and persons responsible for occupational health and safety
Managers and persons responsible for ensuring occupational health and safety (hereinafter referred to as “responsible employees”) shall be trained to develop general or special professional competencies on occupational health and safety in training centers, either face-to-face or remotely via online network technology.
Occupational health and safety training and knowledge testing of responsible employees shall be conducted at the training center.
A training center is an organization that provides professional training, retraining and advanced training on occupational health and safety for managers and responsible employees.
According to Clause 23 of the Rules, organizations prepare lists of responsible employees and schedules of occupational health and safety training and knowledge testing, which shall be approved by a respective employer's directive.
Therefore, employees who are included in the lists of responsible employees to undergo occupational health and safety training and knowledge testing as approved by the employer's resolution shall be trained at training centers.
The duration of training to develop general professional competences in occupational health and safety for responsible employees is set out in clause 26 of the Rules.
Responsible employees who have undergone training and knowledge testing on occupational health and safety shall be issued a certificate in the form given in Annex 1 to the Rules (clause 33 thereof).
In addition, clause 33 of the Rules stipulates that managers and persons responsible for ensuring occupational health and safety shall undergo training at training centers as follows:
1) training to develop general professional competences shall be taken once and no refresher training is required (the certificate is valid for an indefinite period of time);
2) training to develop special professional competences shall be taken once in three years (the certificate is valid for three years).
Newly appointed employees responsible for ensuring occupational health and safety shall undergo respective training and knowledge testing not later than one month from the date of appointment (clause 34 of the Rules).
Responsible employees who failed to pass the occupational health and safety knowledge test shall be suspended from work in accordance with Article 48, clause 2, paragraph 2) of the Labor Code of the Republic of Kazakhstan until it is successfully passed.
Furthermore, responsible employees shall undergo an extraordinary inspection of their knowledge of occupational health and safety in cases stipulated by clause 36 of the Rules.
Managers and persons responsible for ensuring occupational health and safety (hereinafter referred to as “responsible employees”) shall be trained to develop general or special professional competencies on occupational health and safety in training centers, either face-to-face or remotely via online network technology.
Occupational health and safety training and knowledge testing of responsible employees shall be conducted at the training center.
A training center is an organization that provides professional training, retraining and advanced training on occupational health and safety for managers and responsible employees.
According to Clause 23 of the Rules, organizations prepare lists of responsible employees and schedules of occupational health and safety training and knowledge testing, which shall be approved by a respective employer's directive.
Therefore, employees who are included in the lists of responsible employees to undergo occupational health and safety training and knowledge testing as approved by the employer's resolution shall be trained at training centers.
The duration of training to develop general professional competences in occupational health and safety for responsible employees is set out in clause 26 of the Rules.
Responsible employees who have undergone training and knowledge testing on occupational health and safety shall be issued a certificate in the form given in Annex 1 to the Rules (clause 33 thereof).
In addition, clause 33 of the Rules stipulates that managers and persons responsible for ensuring occupational health and safety shall undergo training at training centers as follows:
1) training to develop general professional competences shall be taken once and no refresher training is required (the certificate is valid for an indefinite period of time);
2) training to develop special professional competences shall be taken once in three years (the certificate is valid for three years).
Newly appointed employees responsible for ensuring occupational health and safety shall undergo respective training and knowledge testing not later than one month from the date of appointment (clause 34 of the Rules).
Responsible employees who failed to pass the occupational health and safety knowledge test shall be suspended from work in accordance with Article 48, clause 2, paragraph 2) of the Labor Code of the Republic of Kazakhstan until it is successfully passed.
Furthermore, responsible employees shall undergo an extraordinary inspection of their knowledge of occupational health and safety in cases stipulated by clause 36 of the Rules.