This lesson explains what BHP training the law provides for office workers and what this course is. The rules are simple, but they are easy to confuse with commercial courses.
Who provides the training
Under Article 237³ of the Labour Code, the employer may not allow anyone to work who does not have sufficient knowledge of BHP rules. The employer must provide training before work begins (initial training) and periodic training. Training takes place during working hours and at the employer's expense (Article 237³ § 3).
Under Article 237⁴, the employer makes employees familiar with the BHP rules that apply to their work and issues detailed instructions and guidance at workstations. The employee confirms on paper or electronically that they have been informed (Article 237⁴ § 3).
Initial training
Initial training has two parts (regulation of 27 July 2004, § 8 and § 9):
- general instruction (instruktaż ogólny) covers the basic BHP rules, the work rules, the BHP rules in force at the particular workplace and first aid,
- workstation instruction (instruktaż stanowiskowy) covers the hazards at the particular workstation, ways of protection and safe working methods.
A new person may not start work without initial training. Office workers exposed to onerous factors, for example those who work at a screen monitor, also receive workstation instruction (§ 11(1)). Under the framework programme, it then lasts at least 2 teaching hours. Completion of initial training is recorded on an initial training record card, on paper or electronically (§ 12).
Periodic training for office workers
Administrative and office staff are listed in § 14(2)(5) of the regulation as a group covered by periodic training. Its aim is to refresh and deepen knowledge and to learn about new solutions.
The rules in § 15:
- training takes place at least once every 6 years,
- it can take the form of a course, a seminar or guided self-study,
- the employer, after consulting employees or their representatives, sets the frequency and duration for particular workstations, taking the type of work into account,
- the first periodic training should take place within 12 months of starting work at such a workstation.
A person may be exempted from the first training if they hold a current attestation of completing suitable training with another employer in that period, or completed training for another group whose programme covered the required topics (§ 15(5)).
The framework programme for office workers covers four areas:
- selected labour-law rules on BHP,
- progress in risk assessment and methods of protection,
- the organisation of office workstations and ergonomics, including workstations with monitors,
- what to do in an accident or emergency, including fire, and the rules of first aid.
These topics correspond to the following lessons of this course.
The attestation
After periodic training, the training organiser issues an attestation (zaświadczenie), a copy of which is added to the employee's personnel file (§ 16(3) of the regulation). Training ends with an examination (§ 16(1)), and the form of the attestation is set by the regulations.
The certificate from this course is not such an attestation. It shows that the course was completed and the test passed, but it does not replace the document under § 16. Periodic training in the legal sense is organised by the employer or by a body to which the employer entrusts it. Whether this course can help with preparation is for the employer to decide.
Exemption from periodic training
In some companies, office workers do not have to take periodic training. Under Article 237³ § 2², it need not be provided to administrative and office staff if the employer's main activity falls into a group of risk category three or lower (under the accident insurance rules). The exemption does not apply where the occupational risk assessment shows that training is needed. If the activity group is moved to a higher category or the assessment shows a need, training takes place within 6 months. The exemption does not apply to remote workers (Article 67³¹ § 3).
This is a rule for employers. An employee does not opt out of training on their own. The employer tells you whether it applies to you.
Summary
- Initial training: general instruction and workstation instruction, before you are allowed to work.
- Periodic training for an office worker: at least once every 6 years, as a course, a seminar or guided self-study.
- Training takes place during working hours and at the employer's expense (Article 237³ § 3).
- The attestation is issued by the training organiser. The certificate from this course does not replace it.