The status of fire safety and occupational safety training in relation to the Adult Education Act, which will enter into force on September 1, 2020

2020.08.31. DATE OF ENTRY CEDIT_ADMIN WRITTEN BY

Our position

According to current rumors and beliefs, fire and occupational safety training, which is the responsibility of employers, will fall under the scope of adult education, which will entail the reporting, administrative, and other tasks specified in this law. In our opinion, fears arising from misinterpretation of the law are unfounded. 

It can be stated that Act XCIII of 1993 on occupational safety (hereinafter: Mvt), and Act XXXI of 1996 on fire protection, technical rescue, and the fire service (hereinafter: Ttv) (when starting work, changing jobs, changing job positions, changing work equipment, or commissioning new work equipment, introducing new technologies, introducing new materials, etc.) are not subject to the amended Act LXXVII of 2013 on adult education (hereinafter: Fktv).

Fire safety and occupational safety training courses do not inherently require organization. Given their content, participation in these courses is not suitable for developing or improving competencies. The laws do not specify the duration of the training, but experience shows that, based on decades of practice nationwide, an average of one hour is sufficient for acquiring and reviewing the knowledge. The instructor does not need to have any professional qualifications or any other training. It follows that the fire safety and occupational safety training required by the above legislation does not meet the standards of adult education in terms of content, scope, or methodology, and in all respects contradicts the provisions of Section 1(1) of the Fktv Act.

1. Personal and material scope of the law
2. §^* (1) This Act shall apply
3. ab)^* organized targeted competence development and competence enhancement aimed at, in an organized manner implemented – education and training that is not included in the basic tasks of public education institutions, vocational training institutions, and higher education institutions and is not covered by subparagraph (aa) [subparagraphs (aa) and (ab) hereinafter referred to collectively as adult education activities], as well as....

Explanation:

Based on Act XCIII of 1993 on occupational safety (hereinafter referred to as Mvt.), the planning and organization of occupational safety training (Mvt. § 55) is the responsibility of the employer. This is therefore a specific employer obligation aimed at ensuring that the requirements for safe working conditions that do not endanger health are met.

See the occupational safety training requirements based on the Mvt below:

55. § (1)^* The employer must ensure, within the framework of training, that the employee
56. a) when starting work,
57. b) when there is a change in workplace or job description, or when there is a change in the requirements for safe working practices that do not pose a risk to health,
58. c) when modifying work equipment or putting new work equipment into service,
59. d) When new technology is introduced, they must acquire and maintain throughout their employment theoretical and practical knowledge of safe working practices that do not pose a risk to health, and familiarize themselves with the necessary rules, instructions, and information. Training must be held during normal working hours and, if necessary, repeated periodically, taking into account any changed or new risks and preventive measures. The completion of training must be recorded in writing, indicating the topics covered and the signatures of the participants.

(2) Until the knowledge specified in paragraph (1) has been acquired, the employee may not be employed independently.

Fire safety and occupational safety training is mandatory for all employers, and participation in such training is mandatory for all employees in Hungary today. Due to this obligation, employees in the labor market do not enjoy any advantages over each other in terms of training.

The training generally covers the rights and obligations set out in the Mvt and the Ttv, as well as the specific local regulations of a given workplace relating exclusively to health and safety at work, the tasks to be performed in the event of an accident at work or a fire, and the relevant regulations. With this knowledge, employees participating in the training can only comply with the regulations of their own workplace and do not acquire knowledge for the use of other workplaces, job positions, or technologies. It is no coincidence that both laws require new training to be provided if any of the above circumstances change. It can be stated that the training does not lead to the development of targeted competencies.

The repetition requirement stipulated in the Mvt and Tvt cannot be considered competence development either. Neither the content nor the methodology of the training, nor its duration, exhausts the „development”- as a legislative objective. The purpose of periodic repetition of fire safety and occupational safety training is not to acquire new skills or improve existing ones, but to ensure that employees thoroughly learn the local rules of conduct required for safe and accident-free work at their workplace.

Neither the Mvt nor the Ttv stipulates that the person conducting the training must have any professional qualification in these subjects. Fire safety and occupational safety training must be distinguished from occupational safety and occupational health activities that can be performed on the basis of occupational safety and occupational health qualifications, as well as from fire safety qualifications obtained on the basis of specialized courses providing fire safety qualifications (e.g., various fire safety examinations for the practice of certain activities, etc.), since, on the one hand, the aforementioned activities can only be performed on the basis of professional qualifications and, on the other hand, the aforementioned professional qualifications can be acquired through adult education.

The Fktv. and its implementing decree clearly define the reporting and administrative tasks for all organizations providing adult education. Among other things, it stipulates that the training institution must conclude a study contract with each participant in the training. Since fire safety and occupational safety training is mandatory, this would lead to the extremely awkward situation where every active employee in Hungary would have to sign at least one study contract per year with their current employer or its training partner, or even more than two in the event of a change of job, relocation, extraordinary events, etc. This is clearly contrary to the Fktv. and the legislator's objectives in this regard. Due to the obligation to report the provision of training, the number of reports received would be extremely high, and their administration would make the work of the designated office impossible.

In view of the above, it can be reiterated that fire safety and occupational safety training (with the exception of training required for qualification or for obtaining a professional qualification) does not fall within the scope of the Fktv.