Procedure for Training and In-service Training regarding Occupational Health and Safety

Regulation of the Minister of Social Affairs of 14 December 2000

entered into force 1 March 2001

amended by the following Regulation:

27.02.2001 entered into force 17.03.2001

This Regulation is established on the basis of subsection 2 (3) of the Occupational Health and Safety Act

Chapter 1

General Provisions

§ 1. Scope of application

(1) This Procedure regulates:

1) training and in-service training regarding occupational health and safety for working environment representatives and members of working environment councils;

2) in-service training for working environment specialists;

3) in-service training for employers (representatives of employers) if they perform the duties of working environment specialists;

4) training and in-service training for first aid providers in enterprises;

5) instruction and training for employees regarding occupational health and safety at the workplace.

Chapter 2

Training in Educational and Training Institutions

§ 2. Organisation of training

(1) Every employer shall organise training regarding occupational health and safety for working environment representatives and members of the working environment council not later than within two months as of their election or appointment. Their training may be carried out by a training provider (hereinafter educational and training institution) on the basis of a 24-hour training plan (Annex 1).

(27.02.2001 entered into force 17.03.2001 - RTL 2001, 35, 469)

(2) In-service training for working environment representatives and members of a working environment council shall be organised as a course, the topics and training plan of which shall be approved by the educational and training institution based on the needs of the employers and employees. An employer shall send the working environment representatives and the members of the working environment council on in-service training if:

1) significant changes take place in the working environment;

2) technology or work equipment is changed or upgraded at the workplace;

3) significant changes are made to legislation regulating occupational health and safety;

4) a labour inspector deems it necessary;

5) a working environment representative or the working environment council deems it necessary.

(3) Working environment specialists shall undergo in-service training in an educational and training institution at least once every five years and, if necessary, in the cases specified in clauses (2) 1)–4). The educational and training institution shall choose the topics and approve the training plan for in-service training, based on the needs of the employers and employees.

(4) If an employer (a representative of an employer) performs the duties of a working environment specialist himself or herself, he or she shall undergo in-service training in an educational and training institution at least once every five years and, if necessary, in the cases specified in clauses (2) 1)–4).

(5) Each basic training course shall end with an assessment of the knowledge of the participants.

(6) An educational and training institution shall issue a certificate which sets out the topics covered and the number of hours, the number of the certificate and the name of the educational and training institution to each person who has completed a training course or participated in a training day.

(27.02.2001 entered into force 17.03.2001)

§ 3. Training and in-service training for first aid providers

(1) An employer shall organise training for the employees providing first aid in the enterprise not later than within one month as of their appointment.

(2) The purpose of training first aid providers in an enterprise is to provide basic knowledge and practical skills for the saving of lives in the event of an accident and for the provision of first aid. The 16-hour training plan of the Estonian Red Cross (Annex 2) is the basis for the basic training course.

(3) An employer shall send first aid providers on in-service training courses once every three years. The purpose of in-service training is to review and deepen the knowledge and skills acquired during the basic training course. The minimal duration of in-service training for first aid providers is six hours.

(4) Training and in-service training for first aid providers may be carried out in an educational and training institution by medical staff who have undergone training provided by the Estonian Red Cross or another competent agency for first aid trainers and who hold a corresponding certificate.

(5) Educational and training institutions shall issue certificates to first aid providers who complete the course, after their knowledge has been assessed.

§ 3¹. Registration of educational and training institutions

(1) Educational and training institutions registered with the Ministry of Social Affairs may engage in training specified in clauses (2) 1) - 4).

(2) In order to register, an educational and training institution shall submit an application to the Ministry of Social Affairs which sets out:

1) the name and address of the educational and training institution, and its contact details;

2) the training plans (the topics and the number of hours);

3) the names and contact details of the lecturers;

4) a list of the training materials used.

(3) Copies of documents certifying the competence of the lecturers and a specimen of the certificate to be issued shall be appended to the application.

(4) Competent officials of the Ministry of Social Affairs have the right to verify the quality of training regarding occupational health and safety.

(27.02.2001 entered into force 17.03.2001)

Chapter 3

Instructing and Training Employees at Workplaces

§ 4. Introductory instruction

(1) Introductory instruction shall be provided for an employee by a working environment specialist on the basis of instructions approved by the employer before the employee commenced work.

(2) Introductory instruction shall include:

1) an introduction to the organisation of the work of the enterprise and its internal procedure rules, and to legislation regulating occupational health and safety;

2) an introduction to the measures implemented to ensure occupational health and safety;

3) instructions on how to act in the event of the risk of an accident or in the event of an accident at work;

4) instructions on how to prevent the contamination of the environment;

5) the obligations and rights of employees pursuant to the provisions of legislation;

6) the contact details of the working environment representatives and first aid providers and the regional office of the Labour Inspectorate.

§ 5. Primary instruction

(1) A competent person designated by the employer shall provide primary instruction for an employee at the workplace where the employee will commence performing his or her official duties.

(2) During primary instruction, the employee shall be made aware of:

1) the safety instructions prepared and approved by the employer for the work to be performed and for the apparatus, machinery, tools, vehicles and other work equipment used;

2) the risk factors present in the working environment and the use of necessary personal protective equipment;

3) ergonomically correct working positions and techniques;

4) the organisation of work prescribed for the employee;

5) fire and electrical safety requirements;

6) the location of the emergency telephone, first aid equipment and fire extinguishing equipment;

7) safety signs used at the workplace and the location of the emergency exits and escape routes.

§ 6. Training

(1) Training to acquire safe working methods shall be organised for an employee after the primary instruction and, if necessary, also after the supplementary instruction.

(2) Training shall take place during working time under the supervision of a specialist or experienced employee designated by the employer.

(3) The employer shall determine the duration of the training depending on the specifics and complexity of the occupation or profession and the risks involved in performing the work.

(4) An employee is permitted to work independently if the instructor is convinced that the employee is familiar with the occupational health and safety requirements and is able to apply these in practice.

(5) An employer may refuse to organise training for an employee if the employee has performed similar work beforehand, is familiar with the safe working methods or if the nature of his or her work means that such training is required.

§ 7. Supplementary instruction

(1) Supplementary instruction shall be organised for an employee:

1) if new instructions or legislation regarding occupational health and safety is established or if the applicable requirements are amended;

2) if the organisation of work is changed or if there has been a break of longer than three months in his or her work;

3) if the technology or work equipment is changed or upgraded;

4) if the employee is transferred to another position or his or her official duties change significantly;

5) if the employee violates occupational safety requirements and so causes or could cause an accident at work;

6) in the case of work or activities which are not included in the work or official duties of the employee determined by the contract of employment;

7) if the head of the structural unit or the employee himself or herself deems it necessary;

8) if a labour inspector deems it necessary.

(2) The content and amount of supplementary instruction shall be determined by the employer.

§ 8. Registration of instruction, training and permission to work independently

(1) Introductory, primary and supplementary instruction and training provided for an employee and the fact of an employee being permitted to work independently shall be registered in the corresponding register or database which shall set out:

1) the date and duration of the instruction or training;

2) the given name, surname and position of the person who received the instruction or training and of the instructor;

3) the structural unit to which the employee is sent to work;

4) the reason for supplementary instruction;

5) the titles of the instructions and legislation which is presented to the employee;

6) the date on which the employee is permitted to work independently.

(2) Employees shall confirm the instruction, training and permission to work independently specified in subsection (1) by their signature.

§ 9. Entry into force of Regulation

This Regulation enters into force on 1 March 2001.

Annex 1 to Regulation of the Minister of Social Affairs of 14 December 2000 Procedure for Training and In-service Training regarding Occupational Health and Safety

24-hour Training Plan for Basic Training Course for Working Environment Representatives and Members of Working Environment Councils

Topic 1: General Provisions

1.1. Definition of working environment

1.2. Risks present in working environment

1.3. Welfare facilities

1.4. Obligations and rights of employers and employees

1.5. Occupational accidents and cases of occupational disease (registration, notification, investigation)

1.6. Risk of accident

1.7. Liability of employers and employees

1.8. State supervision

Topic 2: Organisation of Occupational Health and Safety

2.1. At state level:

- structure in a working environment system

- legal bases

2.2. At enterprise level:

- working environment specialist

- working environment representative

- working environment council

2.3. Internal control, activity plan for occupational health and safety

2.4. Medical examination of employees

2.5. Co-operation

Topic 3: Risk Assessment

3.1. Definition of risk assessment

3.2. Risk factors present in working environment, their effect on human health:

- physical risk factors

- chemical risk factors

- biological risk factors

- physiological and psychological risk factors

3.3. Risk assessment methods

3.4. Risk control measures

3.5. Ergonomics

Assessment of acquisition of course competencies and skills

Annex 2 to Regulation of the Minister of Social Affairs of 14 December 2000 Procedure for Training and In-service Training regarding Occupational Health and Safety

16-hour Training Plan for Basic Training Course for First Aid Providers in Enterprises

The basis for the training plan is the basic first aid course prepared by the Estonian Red Cross which was granted a certificate on 12 October 1997 and which is in accordance with the first aid training standard of the European Red Cross and Red Crescent.