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Periodic occupational health and safety training is an obligation imposed on the employer; however, it is assigned to the employee and to the position held by that employee. In practice, the question often arises whether such training must be repeated after a change of employment.
In accordance with the provisions of the Labour Code, an employee may not be permitted to work without valid occupational health and safety training. Training is divided into initial training and periodic training. In the case of periodic training, its validity and the type of position are of key importance.
If an employee changes employer but:
• holds valid periodic training
• will be employed in a position of the same nature
• the scope of duties and the occupational hazards are identical
then, as a rule, new periodic training is not required until the expiry of its validity.
However, this does not mean that the new employer has no obligations. The employer is still required to:
• conduct initial occupational health and safety training
• familiarise the employee with the occupational risk assessment
It should be noted that the validity periods of periodic training differ depending on the job category. For example:
• employers and persons managing employees – every 5 years
• administrative and office employees – every 6 years
• employees employed in manual worker positions – every 3 years, and in the case of particularly hazardous work – every 1 year
If the new position involves different hazards or belongs to a different job category, the employer should provide appropriate periodic training for that category.
In summary, periodic training does not lapse upon a change of employment. It may be recognised by the new employer, provided that it remains valid and is adequate for the position. In each case, the decision must take into account the actual scope of duties and working conditions, as the employer is responsible for permitting the employee to work in compliance with occupational health and safety regulations.
