of December 14, 2022 No. 79
About training (advanced training) and assessment of knowledge of workers of license applicants (licensees)
Based on the paragraph of third of Article 122 and the paragraph of third of article 123 of the Law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing", subitem 9.4 of Item 9 of the Regulations on the Ministry of Emergency Situations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of November 14, 2022 No. 405, the Ministry of Emergency Situations of the Republic of Belarus DECIDES:
1. Approve the Instruction about procedure for training (advanced training) and assessment of knowledge of workers of license applicants on implementation of activities for ensuring fire safety, the licensees performing activities for ensuring fire safety it (is applied).
the resolution of the Ministry of Emergency Situations of the Republic of Belarus of November 30, 2010 No. 57 "About training (advanced training) and assessment of knowledge in the field of implementation of activities for ensuring fire safety";
the resolution of the Ministry of Emergency Situations of the Republic of Belarus of January 28, 2016 No. 4 "About modification and amendments in the resolution of the Ministry of Emergency Situations of the Republic of Belarus of November 30, 2010 No. 57";
the resolution of the Ministry of Emergency Situations of the Republic of Belarus of October 8, 2019 No. 58 "About change of the resolution of the Ministry of Emergency Situations of the Republic of Belarus of November 30, 2010 No. 57".
3. This resolution becomes effective since January 1, 2023.
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Minister |
V. I. Sinyavsky |
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It is approved Ministry of Economics of the Republic of Belarus |
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Ministry of Education of the Republic of Belarus |
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Approved by the Resolution of the Ministry of Emergency Situations of the Republic of Belarus of December 14, 2022 No. 79
1. This Instruction determines procedure for training (advanced training) for workers (technical leads, specialists, workers) for license applicants on implementation of activities for ensuring fire safety, the licensees performing activities for ensuring fire safety (further – the licensed type of activity).
2. Action of this Instruction extends to the license applicants who addressed to the Ministry of Emergency Situations (further – the Ministry of Emergency Situations) with the statement for provision of the license for implementation of the licensed type of activity, the licensees who filed in the Ministry of Emergency Situations petition for change of the license for implementation of the licensed type of activity regarding inclusion of data on separate divisions, the extensions of the list of the works and (or) services constituting the licensed type of activity, or performing the licensed type of activity (further respectively – the license applicant, the licensee).
3. For the purposes of this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus "About licensing" and also the following terms and their determinations are used:
the officials who are carrying out assessment of knowledge – the officials of bodies and divisions for emergency situations authorized on conducting examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements (further – examination);
workers are workers (technical leads, specialists, workers) of license applicants (licensees) applying for implementation (performing) of the licensed type of activity (the licensed type of activity);
assessment of knowledge – method of check of theoretical knowledge of workers of requirements of regulatory legal acts, including the technical regulatory legal acts, obligatory for observance, regulating implementation of the licensed type of activity and (or) establishing requirements to performance of works and (or) rendering the services constituting the licensed type of activity consisting in their testing on everyone to the declared (carried-out) work and (or) the service constituting the licensed type of activity;
testing – assessment of knowledge which is carried out with use of software through the global computer Internet (further – software).
4. Training of workers is performed within educational programs of the training rates (lecture halls, thematic seminars, practical works, trainings, officer rates and other types of the training rates), purpose rates (further – training) in the organizations of education providing education on the corresponding work type and (or) the services constituting the licensed type of activity.
5. Advanced training of workers is performed within the educational program of advanced training of leading employees and specialists (further – advanced training) in the organizations of education providing advanced training on the corresponding work type and (or) the services constituting the licensed type of activity.
6. Training and advanced training of workers are performed as required, but at least once in five years.
The five-year period specified in part one of this Item is estimated from the date of issue of the document confirming training or advanced training.
7. Assessment of knowledge of workers of the license applicants or licensees who filed in the Ministry of Emergency Situations petition for change of the license for the right of implementation of the licensed type of activity regarding inclusion of data on separate divisions, extension of the list of the works and (or) services constituting the licensed type of activity is carried out in case of examination by the officials who are carrying out assessment of knowledge.
The officials who are carrying out assessment of knowledge appoint the place, date and time of its carrying out and inform on it the license applicant (licensee).
Results of assessment of knowledge of the workers specified in part one of this Item are drawn up by the protocol of assessment of knowledge of form according to appendix 1.
8. Assessment of knowledge of workers of the licensee performing the licensed type of activity is carried out by the commissions on assessment of knowledge of "The Republican Center of Certification and Examination of the Licensed Types of Activity" organization of the Ministry of Emergency Situations or regional departments of the Ministry of Emergency Measures, the Minsk municipal government of the Ministry of Emergency Situations (further respectively – the Republican center, the commissions).
The staff of the commissions is created as a part of at least five members, including the chairman, the vice-chairman, members of the commission and the secretary, from among officials of the relevant organizations and affirms their head or person fulfilling its duties.
The officials having necessary knowledge of requirements of regulatory legal acts the, including the technical regulatory legal acts, obligatory for observance, regulating implementation of the licensed type of activity and (or) establishing requirements to performance of works and (or) rendering the services constituting the licensed type of activity are part of the commissions.
Meetings of the commissions are held as required.
The commission chairman (in its absence – the vice-chairman of the commission) appoints the place, date and time of carrying out commission session. The notification on the place, date and time of evaluating knowledge of workers the registered mail with the assurance of receipt goes to the licensee no later than five working days before date of commission session.
Results of assessment of knowledge of the workers specified in part one of this Item are drawn up by the protocol of assessment of knowledge of form according to appendix 2.
9. The list of subjects on which assessment of knowledge of workers is carried out and the approximate list of questions are determined by these subjects by the Republican center and are posted on the global computer Internet on the official site of the Ministry of Emergency Situations (further – the list of subjects and questions).
The list of subjects and questions is updated by the Republican center for measure of change of the legislation, and also in other cases in need of amendment (change) of the specified list.
10. Tests and versions of the correct answers to the questions containing in tests of software are developed for testing of workers by the Republican center and organization of education "University of civil protection of the Ministry of Emergency Situations of the Republic of Belarus" (further – University) on the basis of the list of subjects and questions.
Functioning of software, change and introduction in it of tests and versions of the correct answers to the questions containing in tests provides University.
11. Workers after identification of their personality and confirmation necessary according to the legislation for implementation of the licensed type of activity of qualification, training (advanced training) taking into account profile of the performed works, and also the work fact at the license applicant (licensee) not in combination are allowed to assessment of knowledge.
The workers who did not undergo identification of the personality or concerning which qualification, training (advanced training) taking into account profile of the performed works, the work fact at the license applicant (licensee) not in combination are not confirmed necessary according to the legislation for implementation of the licensed type of activity to assessment of knowledge are allowed and considered passed assessment of knowledge.
The workers who did not be on assessment of knowledge (except for case when assessment of knowledge is postponed for others date and time) to the appointed place, date and time or which refused its carrying out are considered not passed assessment of knowledge.
The fact and the reason of not admission of the worker to assessment of knowledge or refusal of the worker of its carrying out or the fact of non-arrival of the worker on assessment of knowledge in appointed the place, date and time are specified in the "Additional Data (If Necessary) and Signature of the Worker" column of the protocol of assessment of knowledge of workers.
12. If the worker cannot be in due time for assessment of knowledge, the head of the license applicant (licensee) before evaluating knowledge reports about it to the officials who are carrying out assessment of knowledge, or the commissions in writing with indication of the reason of impossibility of appearance of the worker.
In the presence of reasonable excuse of absence of the worker for assessment of knowledge assessment of knowledge of this worker can be once postponed for others the date and time appointed by the commission chairman (in its absence – the vice-chairman of the commission) or the officials who are carrying out assessment of knowledge.
The petition for transfer of date and time of assessment of knowledge of the worker who did not be on reasonable excuse on assessment of knowledge is specified in the letter of the license applicant (licensee) sent according to part one of this Item.
The fact of transfer of date and time of assessment of knowledge of the worker who did not be on reasonable excuse on assessment of knowledge instead of the data provided by part four of Item 11 of this Instruction is specified in the "Additional Data (If Necessary) and Signature of the Worker" column of the protocol of assessment of knowledge of workers if such protocol was drawn up.
According to the arrived petition the commission informs the licensee on the made decision the registered mail with the assurance of receipt.
13. The officials who are carrying out assessment of knowledge in the case provided by part two of Item 12 of this Instruction transfer and carry out assessment of knowledge within the term of the carried-out expertize.
In case of impossibility of transfer of assessment of knowledge within the term of the carried-out expertize the workers specified in part one of Item 12 of this Instruction are considered not passed assessment of knowledge.
14. Before assessment of knowledge the commission or the officials who are carrying out assessment of knowledge inform workers the procedure for evaluating knowledge and accomplishment of testing established by this Instruction.
15. Each test contains twenty questions which are created by software of the list of subjects and questions.
On accomplishment of one test thirty minutes after which workers shall complete the test are allotted. The workers who violated these requirements are considered not passed assessment of knowledge.
16. Workers are considered passed assessment of knowledge in case of receipt of positive result of testing.
The result of testing is considered positive in case the number of the correct answers in the test makes at least ninety percent from quantity of the questions containing in the test. The answer in which of the offered answer options all true are chosen is considered correct and it is not chosen any incorrect answer option. In other cases the result of testing is considered negative.
17. During assessment of knowledge it is not allowed to workers:
use regulatory legal acts, including technical regulatory legal acts, reference, special and other books, the global computer Internet, means of communication, to conduct negotiations with the members of the commission or officials who are carrying out assessment of knowledge and also with other workers;
consult with the members of the commission or officials who are carrying out assessment of knowledge and also with other workers, to transfer them records and documents;
leave during evaluating knowledge the room in which assessment of knowledge is carried out (except for case, stipulated in Item the 18th this Instruction).
The worker who violated the requirements specified in part one of this Item is debarred from assessment of knowledge and it is considered not passed assessment of knowledge.
18. The workers passing assessment of knowledge can leave the room in which assessment of knowledge is carried out, on reasonable excuse and according to the decision of the commission chairman (in its absence – the vice-chairman of the commission) or the officials who are carrying out assessment of knowledge and only after the solution of the test, including one of tests if the worker during assessment of knowledge performs the solution of several tests. Movement of the specified workers is performed accompanied by one of the members of the commission or officials who are carrying out assessment of knowledge.
19. When evaluating knowledge at all stages of interaction with workers by the members of the commission and officials who are carrying out assessment of knowledge use the technical means allowing to perform audiovideo. Storage of video files is performed in the body or division for emergency situations which were carrying out expertize or the secretary has commissions at least two months from date of assessment of knowledge.
If the worker refused application during evaluating knowledge of the technical means allowing to perform audiovideo, such worker is considered refused its carrying out and it is not allowed to assessment of knowledge.
20. Before assessment of knowledge information on requirements of Item 17 of this Instruction and on maintaining happens to workers during assessment of knowledge of audiovideo about what the sheet of acquaintance in form according to appendix 3, which is with own hand filled in with the worker is drawn up.
21. Persons who are not the members of the commission or officials who are carrying out assessment of knowledge or the workers having no right to be present when evaluating knowledge.
22. The protocol of assessment of knowledge of workers is drawn up in duplicate which one copy goes to the head of the license applicant (licensee) the registered mail with the assurance of receipt or handed to it or his authorized representative under list, and the second copy remains in the commission or joins the conclusion by results of conducting examination.
The copy of copy of the protocol of assessment of knowledge of workers which is in the commissions, and (or) the documents confirming the direction of the second copy of the protocol of assessment of knowledge of workers to the licensee (in case of the direction the registered mail with the assurance of receipt), no later than two working days after its direction or delivery go to the Republican center.
23. Workers of the license applicants or licensees who filed in the Ministry of Emergency Situations petition for change of the license for the right of implementation of the licensed type of activity regarding inclusion of data on separate divisions the extensions of the list of the works and (or) services which are constituting the licensed type of activity, did not take place assessment of knowledge pass assessment of knowledge according to the procedure, determined by this Instruction, only in case of the following appeal to the Ministry of Emergency Situations of the license applicant with the statement for provision of the license for implementation of the licensed type of activity or the licensee with the statement for change of such license.
24. The workers of the licensee who are again employed pass assessment of knowledge.
About need of evaluating knowledge of the workers specified in part one of this Item, the licensee no later than fifteen days after their employment in writing informs the commission with indication of the number of the workers directed for evaluating knowledge.
The workers of the licensee who did not pass assessment of knowledge are not allowed to performance of works and (or) rendering the services constituting the licensed type of activity. Subsequent assessment of knowledge of workers is carried out not earlier than in fifteen calendar days after carrying out the previous assessment of knowledge.
to the Instruction about procedure for training (advanced training) and assessment of knowledge of workers of license applicants on implementation of activities for ensuring fire safety, the licensees performing activities for ensuring fire safety
Form
Protocol of assessment of knowledge
_____________________________________________________________________________
(the name of the legal entity of the Republic of Belarus, the foreign organization created
_____________________________________________________________________________
according to the legislation of foreign states, surname, own name, middle name
_____________________________________________________________________________
(if that is available) the individual entrepreneur registered in the Republic of Belarus)
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___ ________ 20 __. |
№_____________ |
________________________________
(place of creation)
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№ |
Surname, initials (initial of own name) of the worker |
Employee's position, worker's profession |
Work type and (or) services, constituting the licensed type of activity |
Result of assessment znaniy1 |
Additional data (if necessary) and signature of the worker |
|
1 |
2 |
3 |
4 |
5 |
6 |
Assessment of knowledge was carried out:
|
_______________________________ |
___________ |
___________________________ |
|
(employee's position) |
(signature) |
(initials, surname) |
|
_______________________________ |
___________ |
___________________________ |
|
(employee's position) |
(signature) |
(initials, surname) |
______________________________
1 It is specified "positively" or "negatively".
to the Instruction about procedure for training (advanced training) and assessment of knowledge of workers of license applicants on implementation of activities for ensuring fire safety, the licensees performing activities for ensuring fire safety
Form
Protocol of assessment of knowledge
|
___ ________ 20 __. |
№_____________ |
________________________________
(place of creation)
The commission in structure:
commission chairman ________________________________________________________
(surname, own name, middle name (if that is available)
members of the commission ______________________________________________________________
(surname, own name, middle name (if that is available)
secretary of the commission ___________________________________________________________
(surname, own name, middle name (if that is available)
_______ 20 created based on the order from ____ ____ No. _______
carried out assessment of knowledge of workers ______________________________________________
(name of the licensee)
|
№ |
Surname, initials (initial of own name) of the worker |
Employee's position, worker's profession |
Work type and (or) services, constituting the licensed type of activity |
Result of assessment znaniy1 |
Additional data (if necessary) and signature of the worker |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Commission chairman |
______________ |
____________________________ |
|
(signature) |
(initials, surname) | |
|
Members of the commission: |
______________ |
____________________________ |
|
(signature) |
(initials, surname) | |
|
______________ |
____________________________ | |
|
(signature) |
(initials, surname) | |
|
Secretary of the commission |
______________ |
____________________________ |
|
(signature) |
(initials, surname) |
______________________________
1 It is specified "positively" or "negatively".
to the Instruction about procedure for training (advanced training) and assessment of knowledge of workers of license applicants on implementation of activities for ensuring fire safety, the licensees performing activities for ensuring fire safety
Form
Leaf of acquaintance of the worker
I, ______________________________________________________, am acquainted with that,
(surname, own name, middle name (if that is available) the worker)
what when evaluating knowledge is not allowed:
use regulatory legal acts, including technical regulatory legal acts, reference, special and other books, the global computer Internet, means of communication, to conduct negotiations with the members of the commission or officials who are carrying out assessment of knowledge and also with other workers;
consult with the members of the commission or officials who are carrying out assessment of knowledge and also with other workers, to transfer them records or documents;
leave during evaluating knowledge the room in which assessment of knowledge, except for case, stipulated in Item 18 Instructions about procedure for training (advanced training) and assessment of knowledge of workers of license applicants on implementation of activities for ensuring fire safety, the licensees performing activities for ensuring fire safety is carried out.
To me information on discharge from participation in assessment of knowledge in case of violation of the specified requirements is finished.
To application during evaluating knowledge of the technical means allowing to perform audiovideo he agrees.
_____________________________________________
(signature, initials (initial of own name), surname)
____ ________ 20 __.
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